Admissibility of neuropsychological testimony after Daubert and Kumho

Article type: Research Article

Authors: Stern, Bruce H.

Affiliations: Stark & Stark, P.O. Box 5315, Princeton, NJ 08543-5315, USA. Tel.: +1 609 896 9060; Fax: +1 609 896 0629; E-mail: bhstern@earthlink.net

Abstract: Neuropsychological testing has been used in court cases all over the United States, as testimony to provide evidence of whether or not a person has a traumatic brain injury. It has, however, been scrutinized for its admissibility in court, but recognized for objectivity in successfully documenting and proving deficits in people with traumatic brain injuries. The trial court is used as a gatekeeper, and may chose to perform assessments of the tests themselves, for validity of sensitivity, specificity, reliability and validity in determining whether a neuropsychological test may be used as testimony in a court case.

DOI: 10.3233/NRE-2001-16205

Journal: NeuroRehabilitation, vol. 16, no. 2, pp. 93-101, 2001