NANIMEpaper - Independent and Court-Ordered Forensic...

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Independent and Court-Ordered Forensic Neuropsychological Examinations Official Statement of the National Academy of Neuropsychology Approved by the Board of Directors 10/14/03 Purpose : The responsibilities of the neuropsychologist in the context of performing an independent forensic examination differ from those of the clinical examination. Because neuropsychological training typically occurs in clinical contexts, the transition to the independent forensic examiner role may result in uncertainty about how to negotiate the unique responsibilities of this role. The purpose of this paper is to identify some of the areas of distinction between independent forensic and clinical examinations and to offer recommendations for those performing independent and court-ordered forensic neuropsychological examinations. Much of the information pertaining to independent forensic examinations also applies to forensic examinations in general. The Neuropsychologist-Retaining Party Relationship: An independent forensic neuropsychological examination, also referred to as an independent medical examination (IME), independent psychological examination, or compulsory examination in some jurisdictions, is performed by a neuropsychologist who is hired as an independent contractor by a third party, such as an insurance company, an attorney, or the court to make a determination regarding neuropsychological functioning. 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, and/or disability status. In criminal litigation, the neuropsychological examination may be used to assist in determining competency to stand trial, issues of responsibility for the crime, or in sentencing/mitigation. The nature of the examination may range from a relatively brief clinical interview to a comprehensive examination that includes extensive psychological or neuropsychological test administration. The role of the neuropsychologist when performing an independent neuropsychological examination is narrowly defined. The neuropsychologist has been hired by a third party seeking answers to specific questions related to brain-behavior relationships. In contrast to clinical contexts, the neuropsychologist does not work for the person being examined. As a result, the examination parameters and professional requirements are often different. The neuropsychologist must be aware of the overlapping yet often quite distinct professional and ethical conduct required in independent examination contexts. The Neuropsychologist-Patient Relationship: The relationship of the neuropsychologist with the examinee when performing an independent neuropsychological examination parallels but also differs in important ways from that of
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NP IMEs Page 2 of 10 the clinical examination, with limits on the usual neuropsychologist-patient relationship. The neuropsychologist has been hired by a third party seeking answers to specific
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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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NANIMEpaper - Independent and Court-Ordered Forensic...

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