Law Advice

The issue of being a third party observer at a defense
neuropsychological evaluation continues to be a hot topic both in
the neuropsychological field as well as the legal field.
Defense neuropsychologist raise the specter that having a third
party observer present during the neuropsychological evaluation
will invalidate the testing while plaintiff attorneys argue defense
neuropsychological evaluations are in no way independent, but
adversarial, necessitating the need to have a third person present
to verify the statements made by the defense
neuropsychologist.

Recently, this issue was the subject of a hearing in the State of
Louisiana. Defendants request that the plaintiff undergo a
defense neuropsychological evaluation. Plaintiff indicated
that he would not permit his client to undergo that evaluation
unless his client was accompanied by third person. The
defense objected, noting that such a request violated the National
Academy of Neuropsychology NAN policy on third part
observers.

The plaintiff submitted the report of Linda Lindman, Ph.D., whose
Ph.D dissertation was on this topic. After reading the filed
papers, the Court entered an Order in favor of the plaintiff
stating that the neuropsychological IME could be recorded via
videotape behind a one way mirror. The Court also ordered
that any and all potential ethical considerations and violations as
cited by the NAN not be asserted, prosecuted or alleged by
plaintiff in any capacity against the defense neuropsychologist for
the videotaping the neuropsychological IME behind a one way
mirror. Day v. Valley Forge Insurance Company, 21st
Judicial District Court for the Parish of Livingston, State of
Louisiana, Division “B,” number 122923.

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