attorney who challenged neuropsychological testing

How should a neuropsychologist respond to a lawyer asking about medical certainty?

A seasoned long term disability attorney and staff at Riemer Hess will thoroughly prepare you for your upcoming neuropsychological examination so that there are no surprises. Riemer Hess will also work to provide the neuropsychologist with all of your relevant medical records for review prior to the evaluation.

Can a neuropsychologist testify in court on causation?

Oct 25, 2017 · Neuropsychological testing is a valuable tool in establishing cognitive impairment stemming from a wide range of medical conditions both physical and mental. Attorneys Dell & Schaefer Chartered A National Disability Insurance Law Firm • Est. 1979

Should neuropsychologists share test data with unqualified persons?

Aug 30, 2018 · Neuropsychological “testing” simply refers to the evaluation performed by a treating or expert clinician. Attorneys may choose to call the clinician as a witness to convey their findings as one piece of evidence in the case.

Can neuropsychologists give opinion testimony in traumatic brain injury cases?

Mar 04, 2020 · Only 67% of the assessments used as evidence were generally accepted in the psychological field. Further, only 40% had favorable reviews of their underlying test properties. Despite methodological and general acceptance issues, attorneys challenged only 5% of these assessments. Even then, courts excluded the assessments only 1/3 of the time.

Can you fail a neuropsychological test?

Although the behavioral deficits thus identified may be secondary to brain dysfunction, it has been pointed out that neuropsychological tests may be “failed” for a variety of reasons apart from neurological disease, including psychiatric conditions such as depression or anxiety, inattentiveness secondary to various ...

How accurate is neuropsychological testing?

Neuropsychological testing can differentiate Alzheimer dementia from nondementia with nearly 90% accuracy. The addition of neuropsychological testing to injury severity variables (e.g., posttraumatic amnesia) increases predicted accuracy in functional outcomes.Jan 15, 2019

What is neuropsychological damage?

A neuropsychological assessment consists of a variety of tests designed to measure the damage caused by brain injury. It provides more information about a person's cognitive capabilities than a basic neurological evaluation.

What is the difference between psychological testing and neuropsychological testing?

The main difference is that a neuropsychological evaluation is more in-depth and broader in scope than a psychological evaluation. Because the neuropsychological evaluation is more detailed, it is also a lengthier process.Aug 27, 2021

What happens if you fail a neuropsychological test?

If you fail the validity or effort testing, the neuropsychologist and the insurance company may deem some or all of the results “invalid.” Failure to pass validity testing can also lead to questions of your credibility.

What can a neuropsychologist diagnose?

Neuropsychological tests evaluate functioning in a number of areas including: intelligence, executive functions (such as planning, abstraction, conceptualization), attention, memory, language, perception, sensorimotor functions, motivation, mood state and emotion, quality of life, and personality styles.

Can a neuropsychologist diagnose a brain injury?

Neuropsychological testing can help determine the areas of the brain that are impacted by a TBI and how these impairments are impacting your day-to-day functioning. More importantly, testing can also determine how other factors (e.g. depression, anxiety, life stress) are impacting your cognitive functioning.

What is a neuropsychologist vs neurologist?

Unlike neurologists, who provide primarily medication treatment for the physical symptoms and causes of brain disorders, neuropsychologists treat the cognitive, mental and behavioral effects of brain disorders without the use of medications.Sep 27, 2019

Can a neuropsychologist diagnose traumatic brain injury?

When cognitive complaints are reported or persist following mild traumatic brain injury in adults, neuropsychological testing can assist with diagnostic issues as well as with treatment and rehabilitation planning.Nov 9, 2006

Who performs neuropsychological testing?

Who gives the test? Neuropsychological tests are given, scored, and interpreted by a licensed clinical psychologist or neuropsychologist. A neuropsychologist is a professional who specializes in understanding how the brain and its abilities are affected by neurological injury or illness.Oct 27, 2011

Can a psychiatrist perform neuropsychological testing?

Neuropsychological evaluations are performed by licensed clinical psychologists who have specialized training in neuropsychology.

Who can conduct a Neuropsych evaluation?

This person is usually a “psychometrist,” a person who is trained to give and score these tests. Or the person may be a student working on a doctoral degree in psychology. How long will the test take? The testing may take 3 to 6 hours.Aug 19, 2020

Why is neuropsychology important?

Neuropsychological assessments are important evidence in personal injury litigation and in any other type of court action in which head-injured person is seeking compensation. The assessment may be the only objective evidence that substantiates the injured person damages and quantifies deficits in a form ...

What is neuropsychological assessment?

Neuropsychological assessments are important evidence in personal injury litigation and in any other type of court action in which head-injured person is seeking compensation. The assessment may be the only objective evidence that substantiates the injured person damages and quantifies deficits in a form that lay people understand. For example, IQ is a measurable statistic that in the general population has some significance. A diminution of a individuals IQ as the result of a head injury is loss that can be compensated for. A jury that learns that a once bright, promising student has suffered a serious head injury resulting in drop in IQ of more than 15 points (a SD) can better assess this loss than the somewhat intangible deficits of loss of concentration and attention. For a jury or a judge to appreciate the consequential damages from a head injury, the neuropyschological test results should quantify the deficits in numerical terms that are easily compensable.

What is the purpose of the paper T131?

The purpose of this paper is to educate the reader about some of the issues involved in presenting neuropsychological evidence in cases where a traumatic brain injury (T131) is either obvious or suspected. Particular emphasis will be directed toward the admissibility of neuropsychological evidence and clarifying the roles of neuropsychologists as treaters and experts. Some strategies will also be presented to assist neuropsychologists in preparing to give opinion testimony.

Is a neuropsychologist an expert witness?

However, when the neuropsychologist is retained solely to act as a consultant and/or expert witness at trial, and in virtually all cases where the defendant or defense counsel retains the neuropsychologist, he/she is generally labelled as an "expert". In truth, these labels should have little to do with how the neuropsychologist conducts the evaluation and forms his/her opinions. However, the distinction may be important to the attorneys who must present or respond to the testimony of the neuropsychologist.

What is the role of neuropsychologist?

What are the roles of the neuropsychologist as expert? Do they differ from the roles of the treater? Generally speaking, the role of the expert is to provide the judge and jury with information and opinions that are outside the common knowledge and ordinary experience of lay persons. These opinions are to be based on special skill, knowledge, education, training, and experience that the expert calls upon when examining the facts of the case and the subject of an examination. The courts are guided by statutory provisions in the matter of expert testimony. All federal courts and most state courts follow Rule 702 of the Federal Rules of Evidence (1996) or its state equivalent.

What is a witness qualified as an expert?

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.