Benefits of Forensic Assessment / Consultation
By Harold L. Burke, Ph.D.
Benefits of forensic assessment, forensic psychology, forensic consultation, and appearing as an expert witness
Forensic assessment is an evaluation of cognition, mood, personality, or behavior conducted by a licensed mental health practitioner for the purpose of assisting attorneys or the Court in legal matters. Such an assessment is conducted specifically for a legal proceeding. On the other hand, a psychological or neuropsychological assessment previously conducted for clinical purposes may be used later for forensic matters. In either case, the clinician who has conducted the assessment writes a report that may become a legal document. In addition, the clinician often appears in depositions or court hearings/trials as an expert witness to explain and answer questions about the assessment. Regardless of whether the clinician has been retained by the Plaintiff, by the Defense, or by the Court, she/he will be bound by strict ethical guidelines to testify honestly and objectively about his/her findings, well-supported conclusions, and opinions. The clinician does not address the ultimate legal question before the Court but rather provides information to the Court that may be helpful in reaching a just verdict or settlement.
Even though the clinician may draw conclusions and offer educated opinions, it is the mass of objective data from valid and reliable instruments that is the primary strength of forensic psychological assessment/testimony. This is particularly the case with forensic neuropsychological assessment/testimony. Such an evaluation usually includes a formal interview, a review of medical and/or educational/vocational records, interviews of significant others (as necessary), and neuropsychological testing using standardized neuropsychological instruments. Particularly unique to this process is that it quantifies a patient’s higher cortical functioning that may include various aspects of attention, memory, speed of information processing, language, visuospatial ability, sensory processing, motor ability, higher-order executive functioning, and intelligence.
Such forensic assessment and testimony is often very important in legal cases. For example, neuropsychological assessment may be one of the most critical pieces of evidence in forensic settings when the existence or extent of brain injury is relevant to the facts or disposition of a case. This can be especially critical in cases of “mild” traumatic brain injury in which neuroimaging may not be sufficiently sensitive to reveal brain damage but the neuropsychological assessment reveals significant impairments. Conversely, such assessment may reveal that an individual in litigation is malingering (faking brain impairment) for external gain. This type of diagnosis is made possible by the use of validated assessment instruments and specific patterns of test results that have been found to suggest malingering.
A psychologist may also provide forensic consultation to attorneys, usually in the form of reviewing medical records including psychological and neuropsychological reports and providing information about psychological and neuropsychological issues.
Dr. Harold Burke at the Brain Therapy Center is fully qualified to provide forensic assessment and consultation particularly in neuropsychological matters. He has testified and consulted for the Defense and also for the Plaintiff.
Tel: +1-805-449-8777