Neuropsychological pitfalls in the legal arena
Legal Pitfalls for the expert Neuropsychologist Ajay Bhoopchand M.B., Ch.B. (UCT) LLB (SA) Advocate of the High Court of South Africa Summary: The nature of dysfunction that the expert Neuropsychologist has to opine on, and that which constitutes the bulk of his work in the medico-legal setting, is rather abstract when compared to physical injury affecting other parts of the human anatomy. This lends itself to many potential pitfalls in the litigation process. This paper looks at the contribution of an expert Neuropsychologist to the medico-legal process from the point of being briefed through the whole spectrum of the process till evidence is rendered in Court. An attempt is made to identify some of the pitfalls for the expert Neuropsychologist in the process. A cursory introductory comment is made about the South African legal system. Special circumstances including the estimation of pre-morbid functioning, the handling of suspected malingering and the awareness of HIV/AIDS are consi