The Neuropsychologist as Expert Witness: Testimony in Civil and Criminal Settings

The niche of forensic neuropsychology and use of neuropsychologists as expert witnesses has proliferated over the past two decades. Neuropsychologists conduct evaluations or provide consultation to assist triers of fact in both civil and criminal arenas. This article delivers a succinct overview of an array of factors that warrant consideration from the time of referral for a neuropsychological evaluation through the delivery of a verdict or settlement and receipt of payment for services. Readers are offered a primer on relevant legal criteria, distinctions between court settings, and applicable ethical standards and guidelines. Suggestions are made regarding the expert witness retention agreement and strategies for direct and cross examination are reviewed. Logistical and liability considerations are also explored. Real world examples are included to illustrate some of the obstacles that neuropsychologist expert witnesses may encounter.