DEFENSE MEDICAL EXAM IN TRAUMATIC BRAIN INJURY CASE
The defendant’s legal counsel will demand defense medical exam in traumatic brain injury case. The Defense will often demand a neuropsychological examination of the injured victim by a neuropsychologist of their choosing to discredit the injured victim. The injured victim will be required to submit to hours of adversarial examination outside the presence of counsel. Audio taping the examination is permissible, but no attorney or third parties are allowed to be present during the examination. Moreover, unless the parties agree, leave of Court is required to obtain a neuropsychological examination. However, a motion shall be granted for good cause, which requires a showing of relevancy and specific facts justifying the discovery.
The parameters of the examination should be clearly defined, either through agreement by counsel or by a Court order. An order helps minimize potential misunderstandings. It is important to establish clear time frames and other limiting parameters to protect the plaintiff’s privacy.
There must be an agreed list of the tests to be performed. The defense is not entitled to a psychological test without a Court order. Any non-standard testing should not be allowed. It is important to consult the victim’s own neuropsychologist on what tests should be agreed to.
The doctor may want to perform the Minnesota Multiphasic Personality Inventory (MMPI) test during the defense medical exam in traumatic brain injury case. However, the MMPI is a bad test. It will come back that the victim is exaggerating the injury. In fact, people with severe brain damage can score high on the test.
Within 30 days of the examination, the plaintiff may demand the neuropsychologist to produce a detailed report setting out the history, the examination findings, test results, diagnosis, prognosis, and conclusions. The defense psychologist’s raw testing data is sent to your psychologist for review, including the scoring, interpretation and computerized print-outs.