ABSTRACT

In Chapter 8, the reader was introduced to the neurobehavioral analysis of clinical data regarding one’s patient. This chapter takes a different view and focuses upon forensic issues in persons with traumatic brain injury (TBI) who are in litigation, applying for disability, have criminal charges against them, or where competency may be an issue. In Chapter 8, Chapters 1 through 7 were distilled into the essential elements necessary for examination of a patient following TBI, preparing an accurate diagnosis, and developing a treatment plan for the patient or his family. Recall in Chapter 9 critical differences between the neuropsychiatric examination for treatment were delineated from the neuropsychiatric examination for forensic purposes. Forensic neurobehavioral analysis within a legal context is primarily focused to determining causation, the nature of damages, and assisting the legal profession in a disposition of a case. Recall that the medical documents used to gather history in Chapter 3 are exactly the same medical documents that are used for gathering medical history in a forensic TBI evaluation. The goal of a forensic neurobehavioral analysis following TBI is to develop a forensic database upon which an examining expert may rely to provide sound opinions at trial or settlement, if requested.