|2007||Traumatic brain injury and PTSD: Can they co-exist?||Allan R Gerson PhD||psychology CD||10333||The research is split on the matter of TBI and PTSD, with some authors insisting they cannot coexist because PTSD requires memory of the event, while others indicate that due to the nature of brain injuries, and the variation in levels of severity, the individual can have a brain injury and PTSD. This paper will discuss the literature, and an example will be given through a case study of a firefighter/pilot who was the sole survivor of a crash, had TBI, and possibly PTSD. Attendees will be able to explain the nature and extent of TBI and PTSD. They will be able to describe their argument in court testimony, and learn how to evaluate and test for these conditions.|
|2007||Mild traumatic brain injury in major civil cases||Stephen Donald Anderson, MD, FRCP(C),||psychiatry CD||10676||Mild Traumatic Brain Injury (MTBI) is a controversial diagnosis. This paper will explore the organic versus psychological debate. An overview of the literature relevant to the forensic psychiatrist will be given. The DSM-IV-TR research criteria for Postconcussional Disorder (PCD) will also be reviewed. Medical legal aspects of MTBI will be emphasized and examples given from court cases where the author has testified as an expert witness. Psychiatrists attending this presentation will be able to diagnose the conditions and provide treatment recommentations and prognoses based on current scientific literature. Attendees will be able to ask questions regarding their own cases and benefit from the speaker's clinical and court experience..|
|2006||Evaluating memory functioning after a mild traumatic brain injury||Alexander Obolsky MD||psychiatry tapes||10229||Various memory deficits are frequently a complaint after a mild traumatic brain injury (mTBI). This presentation will provide an overview of current understanding of memory functioning among normal individuals and those with mTBI. The presenter will illustrate relevant concepts by presenting several cases of alleged memory deficits subsequent to mTBI as seen in a forensic psychiatric practice. Attendees will be able to 1) enumerate various types of memory; 2) describe various interview techniques and tests used in evaluation of memory complaints following mTBI; 3) discuss various techniques available for detection of memory deficit malingering.|
|2006||Evaluating memory functioning after mild brain injury||Alexander Obolsky MD||psychiatry CD||10775||Evaluating Memory Functioning after a Mild Traumatic Brain Injury
Various memory deficits are frequently a complaint after a mild traumatic brain injury (mTBI). This presentation will provide an overview of current understanding of memory functioning among normal individuals and those with mTBI. The presenter will illustrate relevant concepts by presenting several cases of alleged memory deficits subsequent to mTBI as seen in a forensic psychiatric practice. Attendees will be able to 1) enumerate various types of memory; 2) describe various interview techniques and tests used in evaluation of memory complaints following mTBI; 3) discuss various techniques available for detection of memory deficit malingering. Alexander E. Obolsky, M.D. specializes in the diagnosis, treatment, and return to work of employees with various anxiety, depressive, and trauma-induced mental disorders. He frequently serves as an independent examiner in workers compensation cases, disability determination, fitness for duty, and violence evaluations.
|2005||Minimal brain injuries and fatigue, and how they related to DWI||George S Glass MD||psychiatry tapes||3164||Police often attribute a driver s failure of a Standardized Field Sobriety Test (SFST) to a perceived blood alcohol content of more than 0.08 mg percent if the individual smells of alcohol or admits to alcohol intoxication. Mild concussion, that is, minimal brain injury following an automobile accident, can cause a driver to fail the SFST. Many of the same symptoms that appear with elevated blood alcohol content (BAC) may be present as a result of automobile accident-related minimal brain injury or of fatigue, and the driver s actual blood alcohol level may either be nonexistent or much lower than the 0.08 mg percent required for a DWI conviction. The same is true for fatigue. Attendees should be able to understand how minimal brain injuries and fatigue can present with DWI-like symptoms, and appreciate how this may impact their client s legal situation.|
|2005||Fatigue, mild traumatic brain injury, and DWI||George Glass MD||psychiatry journal||7071||More automobile accidents are caused by drowsiness than by alcohol intoxication. Lack of sleep, alcohol intoxication, and a mild concussion after an accident all may present with similar symptoms, and cause an individual to fail the standard field sobriety tests. This means that a drowsy individual or one with a mild concussion who has the odor of alcohol on his breath may well be charged with DWI, even if his blood alcohol content is below 0.08mg%. This article reviews the findings of drowsiness, and mild concussions, as well as the history of the standardized field sobriety tests. It then presents ways in which the non-intoxicated driver who has been accused of DWI can be differentiated from the intoxicated one.|
|2004||Quality of life as a measure of traumatic brain injury rehabilitation||Edward Teitelman MD||psychiatry tapes||3115||Attendees will gain an appreciation of the personal nature of perceptions of quality of life; understand a basic approach to helping victims cope with loss; appreciate the limitations of current quality of life outcome measures that attempt global assessments rather than reflect personal levels of contentment.
|2004||Proof of malingering in brain litigation||Larry Cohen PhD, JD||psychology tape||10773||This presentation will review the current state of the art in the measurement and theory of malingering. It will then address problems likely to be encountered in offering evidence of malingering in light of the current standards for the admissibility of scientific evidence in federal and state courts. The presentation will conclude with specific recommendations for practitioners and attorneys both in the assessment of the malingering hypothesis and in the presentation of evidence bearing on the claim of malingering in brain injury litigation in federal and state courts. Attendees will learn about federal and state court admissibility criteria for opinions concerning malingering, challenges to malingering evidence, and defending against challenges to opinions concerning malingering.|
|2003||Neuropsychiatric sequelae of traumatic brain injury-assessment and forensic applications||Jose Maldonado MD||psychiatry tapes||3028||There are more than 2 million cases of traumatic brain injury every year. Of these, some 300,000 require hospitalization and approximately 80,000 develop a serious chronic sequelae. This presentation will include discussion of epidemiology, neuroanatomy, and assessment of TBI. Special attention will be paid to the clinical features associated with TBI including the predictors of outcome and the psychiatric consequences of traumatic injury. Forensic aspects of TBI will be discussed.|
|2003||Forensic neuropsychological examination of the pediatric brain injury patient||James A. Pasino, PhD
||psychology tape||3057||Traumatic brain injury is the most frequent cause of disability and death among children in the U.S. Cases involving children with PTBI increasingly find their way into the courtroom. Preinjury factors, treatment, severity, recovery, special considerations in testing, laws and regulations will be addressed.|
|2002||The implications of Daubert on neuropsychological evidence in the assessment of remote mild traumatic brain injury||Allan Posthuma PhD||psychology journal1030||9023||Daubert and subsequent refinements Joiner and Kumho, as well as the Federal Rules of Evidence (FRE) and Code of Federal Regulations (C.F.R.) that have evolved from these decisions, continue to define the gate keeping function of the trial judge in the admission of scientific expert testimony. The impact of Daubert on forensic neuropsychological evidence is highly variable, even in those jurisdictions that have adopted Daubert. Many states still rely on the older Frye standards. Daubert based decisions on neuropsychological evidence have focused on the qualifications of the neuropsychologist; whether neuropsychology is a science or a specialized technical field; causality or the link between the test results, the alleged brain injury and the event (e.g. the motor vehicle accident, toxic exposure, or assault); and finally, whether neuropsychological testing meets sufficient evidentiary scientific standards. Our conclusion is that current neuropsychological practice relating to the forensic evaluation of remote (over one year post injury) mild traumatic brain injuries will be seriously challenged by Daubert.|
|2001||Base rates of the WMS-R Malingering Index after brain surgery||Grant Iverson PhD and Daniel Slick PhD||psychology journal||8187||The purpose of this study was to examine the Wechsler Memory Scale-Revised "malingering index" (1) in a large sample of patients with acute traumatic brain injuries. Participants were 186 patients who were administered the WMS-R within the first four weeks post injury.|
|2000||Absence of loss of consciousness does not imply absence of brain injury||David S. Nussbaum, PhD
||psychology tape||1117||An ongoing controversy in forensic neuropsychological assessments involves whether significant loss of consciousness is required for occurrence of brain damage and resultant cognitive difficulties. Those believing in this prerequisite consider patient complaints as suspect and better explained by malingering, exaggerating, resulting from a previously existing (although undiagnosed) psychiatric disorder, medications, or pain. Attendees will learn about some mechanisms of brain injury, and why an absence of loss of consciousness alone should never be taken as "proof" that brain injury has not occurred.|
|2000||Traumatic brain injury and post-concusion states||H Davis MD||psychiatry journal||8078||no abstract|
|1999||Ethical issues in assessment of the brain injured and impaired individual||Jerry L. Brittain, PhD||psychology tape||1127||As a discipline forensic work is an area where ethics can easily become the subject of focus. Examples within the community in the last three years include whether or not to follow a court order and allow another person (attorney or psychologist) to sit in on one s examination. Issues of informed consent are also increasingly being raised. The presenter will focus on four major areas of ethical conflict, will give case examples and vignettes of each, and will cite the relevant ethical and professional standards in an attempt to see if they can provide the much needed guidance for those using them. Specific proposals will be given on how to avoid such conflicts or how to cope with them in the best manner possible if confronted.|
|1997||Postconcussional disorder and mild traumatic brain injury update||Douglas Anderson MD||psychiatry tapes||9098||PCD was recently included in the appendix of DSM-IV and is one of the more controversial diagnostic entities in forensic psychiatry. One school of thought views it as a functional disorder, another as organic brain damage. An overview of recent research will be presented, including psychiatry, neuropsychology, neurology, rehabilitation medicine, radiology and pathology. Medical legal issues for forensic psychiatrists will be emphasized. Psychiatrists will develop a comprehensive understanding of PCD and MTBI to be better able to provide medical legal opinion. Important questions will be answered, e.g., Does loss of consciousness need to occur?|
|1997||Application of brain imaging to forensic psychiatry||Jeffrey David Lewine, PhD||psychology tape||1286||no abstract|
|1995||Neuropsychological evaluation and testimony- traumatic brain injury||Martin H Williams PhD||psychiatry tapes||1364||no abstract|
|1992||Diffuse brain damage- psychological testimony in the personal injury case||Alexander J. Nemeth, Ph.D., J.D.||psychology tape||1945||In personal injury litigation, the author's expertise has often been solicited in cases involving diffuse brain injuries resulting from head trauma, exposure to toxic substances, anoxia in near drowning accidents, or from general anesthesia used in surgery. If the clinical neuropsychologic testimony is based exclusively on psychometric findings, subtle cognitive deficits may go undetected. Furthermore, neurobehavioral impairment in personality functioning.|
|1992||Capital murder: do acquired brain injuries have a role in competency, culpability and causation||Jerid M Fisher PhD||psychology tape||1951||Author discusses the legitimate and illegitimate applications of the brain injury defense to murder offenses. Presentation highlights several legal ethical issues generated by this defense.|
|1990||Organic brain disorders and violent behavior||John Dupre MD||psychiatry tape||10095||Traditional psychiatric evaluations have been grossly inadequate in diagnosing organic neurological factors involved in criminal behavior of a violent nature. These factors can be adequately elicited only by a diagnostic team, which includes a psychiatrist, neurologist, neuropsychologist, electroencephalographer and neuroradiologist. Diagnostic investigations should be undertaken at the time of the judicial proceedings and prior to sentencing as they constitute mitigating factors when present.
|1990||Organic brain disorders and violent behavior||John Dupre MD||psychiatry journal||6053||Traditional psychiatric evaluations have been grossly inadequate in diagnosing organic neurological factors involved in criminal behavior of a violent nature. These factors can be adequately elicited only by a diagnostic team, which includes a psychiatrist, neurologist, neuropsychologist, electroencephalographer and neuroradiologist. Diagnostic investigations should be undertaken at the time of the judicial proceedings and prior to sentencing as they constitute mitigating factors when present.
|1987||Brain and behavior issues and competency||DV Foster PhD||psychology tape||10172||Criminal competency issues discussed in relation to brain functioning and evidence of brain damage. Special expertise is required to properly assess limits of damage and extent of competency.|