forensic_practice_issues_08

forensic_practice_issues_08 - Practice and Professional...

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Unformatted text preview: Practice and Professional Issues in Forensic Neuropsychology July 31, 2008 Sources of Referrals s Retained by individual attorney x x x s Retained by court x x s communication primarily to one side can usually (but not always) be discovered by other side role is varied, depending on referral communication equally directed to both sides technically, opinion is for trier of fact More complicated referrals where it isn’t clear Initial Contacts s agree as to the business aspects of your activity x x x s s s s fees retainer/prepayment letter of protection – AVOID! clarify your role obtain the information you need; don’t be bashful about making demands for records that aren’t present educate as to your capabilities discuss your modus operandi Some thoughts about fees s s s s s Established rates for forensic v. ‘treater’ roles: Established Should they be different? (Yes) Should Prepayment and retainers are preferred over billed Prepayment services services Door-to-door agreements common, but not for Door-to-door sleeping sleeping Get written agreement in advance (often, attorney Get will have to consult client); get signature from both attorneys both Do not sign a “letter of protection” Practice and Professional Issues Third party observers s Release of test data s Payment for forensic services s Changing roles s Disclosing tests beforehand s Celebrity death matches – the Physics Celebrity of forensic work of s Practice Issue #1: Third Party Observers s Case Scenario: You are retained by the defense to perform an “independent neuropsychological examination”, and the plaintiff’s attorney wants to be present personally, with a court reporter, a videotape, or an audiotape. s WHAT ARE THE ISSUES WHAT DO YOU DO? s s ISSUES x What does Florida law currently say? x Social facilitation/inhibition x Breaches of test security Practice Issue #1 (cont’d): Presence of Practice Issue #1 (cont’d): Presence of Third Parties During Evaluation s Issues x public domain release x validity concerns x demand characteristics x impeachment and accuracy concerns Practice Issue #1 (cont’d): Third Party Observers s Recent developments: x x s Broader issues x x x s G-PIPE Amicus in Berman (TPO) G-PIPE Amicus in Piccolo (TPO with videotape retained) If neuropsychologists refuse, what effect does that have on defense’s rights to an IME? If qualified neuropsychologists refuse, who will do the evaluations? Trained vs. untrained TPO’s Resolutions x x x People vs. video vs. audio Sharing TPO data only with psychologists? Trained TPO’s? Practice Issue #2: Release of Practice Issue #2: Release of Psychological Data s Case Scenario: You perform a neuropsychological evaluation at the request of Attorney A. Attorney B subpoenas your entire file, including all of the data and test forms s WHAT ARE THE ISSUES? WHAT DO YOU DO? s s ISSUES: x public domain issue x misuse by untrained parties x copyright infringement Sharing of Raw Data s s s s Raw data governed by several doctrines x APA ethical principles x HIPAA x Copyright issues See (D40/APPCN/AACN) test release document Insist on releasing to licensed psychologist Insist (resist other MHP) (resist If court ordered, request it to be sealed or “in If camera” camera” Flow Sheet to Guide Test Release Decision Making Attix, et al., (2007) The Clinical Neuropsychologist, 21(2), 232-238. Practice Issue #3: Changing Roles s Case Scenario: You are the therapist for a patient who subsequently gets into a complicated custody battle. The patient’s attorney asks you to testify as an expert witness s s WHAT ARE THE ISSUES WHAT DO YOU DO? s ISSUES x x Transition from advocacy to expert role Therapy information protected Practice Issue #4: Giving the examinee advanced notice s Case scenario: You are retained by defense attorney A. Plaintiff’s attorney B demands that you name the specific tests you will use to evaluate plaintiff in advance of the evaluation . s WHAT ARE THE ISSUES? WHAT DO YOU DO? s s ISSUES: x Allows the plaintiff to prepare for examination x Allows plaintiff’s expert to object to individual tests, putting each test ‘on trial’ Practice Issue #5: Critiquing Another Practice Issue #5: Critiquing Another Psychologist s Case Scenario: an attorney tries to retain you, not to provide an independent evaluation but to stay in the background and help the attorney attack a psychological evaluation that was already performed by another psychologist s s WHAT ARE THE ISSUES? WHAT SHOULD YOU DO? s ISSUES x x x Misdirects appropriate source of corrective action Public perception of profession Critiquing psychologist v. conceptualization Evaluation Proper s s s s Keep to the referral question, but let your but judgment be your guide judgment Document everything, iincluding ‘trivial’ ncluding matters, telephone contacts, correspondence, etc., because you may be asked to testify about this, or reconstruct it, later about Retain everything until case is over (even if Retain your office floods, like mine has!) your Keep a running account of time spent as you go you Evaluation Proper s s s Develop rationale for your testing approach: know specifically why you have selected particular tests and deleted others; use background information from this course as a guide; know as much as you can about test operating characteristics about Be psychometric-savvy: keep a norms notebook, a reprint file, or other compendium of data to assist you in report preparation and/or testimony (but you may not want to bring this to the depo!!) not Traveling vs. receiving patient: know, and think, about the difference between home and away games about Reports s s Written or not? Know ahead of time Comprehensive format with sections x x x x x s document opening statements and agreements itemize data relied upon describe findings offer psycholegal formulation simplify language; remember your audience Routing of report Oral Testimony s s s Qualifying as expert; stipulation; voire dire Conferences – issues and pitfalls Deposition and exhibits x x s s s direct examination cross examination Sharing or submitting raw data Trial testimony Settlement without trial/deposition Forensic Self-Assessment s s s s s Decide, for yourself, how much you like, and for will invite, forensic referrals will Immersion: how forensic neuropsychology is how like functional magnetic resonance imaging like Self-regulation of referral sources Financial dependency and independence of Financial dependency opinion opinion Role of board certification Role board Forensic Self-Development Role of science in forensic evaluation is critical and evolving s Experience and knowledge are both important s Advocate or informant? s Knowing your audience s Clarify your values s ...
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This note was uploaded on 12/01/2011 for the course CLP 7934 taught by Professor Staff during the Summer '08 term at University of Florida.

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