Neuropsychology Central

mickey Ozolins · Joined: 18 Jul 2009 Posts: 3

Case is a 63 year male with left cerebellar stroke 3 yrs post, now litigating a malpractice case. Clear MRI cerebellar findings, and 3 months inpt rehab. Back to work as parts inspector. Bombed WMT, all subtests but behaviorally thru out appeared to make good efort. Fell asleep on CPT.
My many years of exp. lead me to feel not faking, but can't explain WMT. Help!!

drejb · Posted: Sat Jul 18, 2009 8:53 am Post subject:

Litigation and bombing WMT occurs in about 30-40% in litigation cases, but rarely in other cases than severe dementia. THe fact that he is falling asleep on CPT suggests that he is not engaging with a great deal of effort and alertness. At the very least you seem to have evidence effort and level of engagement is fluctuating wildly making it very difficult to be certain how much those factors reduced other scores.
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Ernest J. Bordini, Ph.D.
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http://www.NeuropsychologyCentral.COM

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mickey Ozolins · Joined: 18 Jul 2009 Posts: 3

TX to Dr. Bordini

I will digest your feedback. I've been hired by plantiff attorney. My immediate reaction is to inform attorney regarding inconsistent effort and see where that goes. Any other ideas?

After my first post, i have also had concerns about confidentiality. What are protections using this site

drejb · Posted: Mon Jul 20, 2009 8:39 pm Post subject:

Well, its an open forum so you cannot assume confidentiality. You did not name any patients or provide much that would identify the client. It is generally best to offer hypotheticals on this forum or any list, as opposed to I have this case... Sharp attorneys on deposition will often ask if you consulted anyone, corresponded with anyone by email etc. regarding the case - though I see other neuropsychologists do it frequently on various list-serves. So caution is always in order - and best, as I noted to pose just hypothetical scenario.

In terms of proceeding, (and not to be considered legal advice) if you were hired by the plaintiff attorney, the evaluation in most courts would be covered by privilige - meaning the findings would not be discoverable unless the attorney decided to present any findings in court. In similar cases before I proceed with the expense of further report and medical review, I inform the attorney the findings are problematic in terms of validity and could be easily construed by another neuropsychologist as indicative of poor effort and malingering - do they really want you to proceed with the expense of report and records? Often they thank you very much for the heads up (it costs them a lot to pursue the case and most ethical attorneys appreciate learning ASAP the case may blow up on them), pay your bill and ask you to do nothing further.
_________________
Ernest J. Bordini, Ph.D.
Editor/Administrator
http://www.NeuropsychologyCentral.COM

Executive Director
Clinical Psychology Associates of North Central Florida
http://www.cpancf.com
2121 NW 40th Terr. Suite B
Gainesville, FL 32605
(352) 336-2888

mickey Ozolins · Joined: 18 Jul 2009 Posts: 3

TX,

I did learn long ago to require prepay, so i am good to go in that regard.

Appreciate your thoughts.