Jeffrey A. Brown
Emotional and “neuropsych” damage affects a wide array of legal fields, from competency, credibility and capacity to parental rights, criminal defenses and, of course, tort damages. Experts in this field assist juries, lawyers and judges with evaluating the impact of a variety of conditions and injuries, including cognitive impairment, chronic pain, emotional trauma, brain injury, alcoholism, memory loss, the effects of medication on cognition and gain motives to misremember and misreport.
In this Neuropsychiatric and Neurobehavioral Evaluation, Causation and Damages in Tort Cases chapter, the author examines the sometimes distinct, sometimes interwoven roles neuropsychologists, neuropsychiatrists and neurologists play when it comes to conducting a “neuropsych” evaluation. Among the topics discussed include:
The nature of emotional and “neuropsych” damages
The tension between the localization theory of brain injuries and neuroplasticity
Nature and scope of neuropsychiatric/neurobehavioral examinations
Ethical difficulties in having a treating professional as an expert
Detailed discussion of the impact of “neuropsych” damage affecting the memory of a party, and when this is and isn’t “fraud on the court”
An exploration of the various psychological and neuropsychological tests
The different qualifications and strengths of neuropsychologists, neuropsychiatrists and neurologists when conducting such evaluations
Do’s and don’ts of a “neuropsych” examination
Minimally acceptable principles and methodology for a “neuropsych” expert
In addition to guidance for conducting an examination, this chapter also provides suggested voir dire questions for each specialty and role, as well as a discussion of a number of cases illustrating bad and ugly court decisions when neuropsychiatric/neurobehavioral issues were mishandled and misunderstood.
Offering a thorough discussion of the field, the Neuropsychiatric and Neurobehavioral Evaluation, Causation and Damages in Tort Cases chapter is an invaluable resource for experts, attorneys and courts navigating these difficult injuries and damages.
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