Medical legal consultation in neurologic practice

Abstract

SummaryResponding to requests from attorneys concerning patients or providing independent consultations in the legal process may present unique challenges, particularly if special reports are needed or if there is to be testimony under oath. While the legal process is adversarial, the role of the physician consultant, whether acting as treating physician or independent expert, is not to advocate for one side or the other, or to persuade the trier of fact, but to state his or her professional opinion clearly and concisely. The American Academy of Neurology published a position statement on "Qualifications and Guidelines for the Physician Expert Witness" in 2005. Following professional practice guidelines allows the neurologist to participate in the legal process effectively and ethically. The larger the pool of neurologists available for consultation in legal matters, the more access the legal system will have to balanced expertise.

Recognizing and reducing cognitive bias in clinical and forensic neurology

“…4 Our aim is to raise awareness of this subject for clinical neurologists, especially those considering forensic practice. In addition to reviewing typical cognitive errors, we discuss debiasing techniques that might curtail the chances of biased forensic evaluations.…”

Professionalism in court

“…John Woodcock,2 in this issue of Neurology ® Clinical Practice, argues that if the legal system is to have access to balanced expertise, more than a scarce number of neurologists must be available for consultation in legal matters. In response, we agree that greater participation would assist in minimizing bias in the pool of available expert witnesses.…”