Forensic Neuropsychological Evaluations & Expert Testimony

 

Forensic neuropsychological evaluations are neuropsychological assessments for individuals involved in litigation.  These assessments are recommended for any legal matter in which brain-based impairment is suspected.  Referrals for these types of evaluations typically come from attorneys, medical doctors, insurance companies, third party agencies such as the Division of Worker’s Compensation or the Office of Community Access & Independence, Department of Vocational Rehabilitation, and other individuals that work with the court system.  

Referral questions in civil litigation often involve determination of the presence or absence of neurological and/or psychiatric disorders, causality related to a specific event or injury, prognosis, medical necessity of treatment, capacity to make decisions relating to finances, medical treatment, and the like, and/or disability status.

In criminal litigation, the neuropsychological evaluation may be used to assist in determining competency to stand trial or in sentencing/mitigation.

Forensic neuropsychological evaluations are used to document, characterize, and quantify suspected brain damage.   Evaluations include causation and permanence of observed impairments, prognosis, and need for future care.  Additionally, assessment results can help guide treatment planning based on the client’s strengths and weaknesses.  If needed, a forensic neuropsychologist can be called upon to provide expert testimony about the evaluation and its implications for the client’s legal case.  Some of these evaluations are referred to as Independent Neuropsychological Examinations (INE) or Independent Medical Examinations (IME). 

Comprehensive neuropsychological testing is completed over the span of one to two days, depending on the complexity of the case, the time allotted and the client’s ability to tolerate lengthy appointments.  The usual time frame for testing completed in one day is approximately 9am to 5pm.  Short breaks are offered throughout the day, as well as a 30-60 minute lunch break.  

After completing the evaluation, a report will be written and sent to the referral source.  Clients do not typically receive the report themselves, but whenever possible we provide verbal feedback regarding the evaluation results (and treatment recommendations, if applicable).  Depending on the nature of the case, we may or may not be able to offer this feedback.    

Private insurance will not cover these evaluations; however, they may be paid for by a third party such as your lawyer, the Worker’s Compensation, or Lien Companies: Healthcare Lien Companies: Wells States Healthcare, Marrick Medical, and Personicare Healthcare.