II. Evaluating Evidence from Mental Health Experts
A. What Are the Qualifications of the Expert?
3. Licensure and board certification
4. Prior relationship with the subject of the evaluation
B. How Was the Assessment Conducted?
1. Was the evaluee examined in person?
2. Did the evaluee cooperate with the assessment?
3. Was the evaluation conducted in adequate circumstances?
4. Were the appropriate records reviewed?
5. Was information gathered from collateral informants?
6. Were medical diagnostic tests performed?
7. Was the evaluee’s functional impairment assessed directly?
8. Was the possibility of malingering considered?
C. Was a Structured Diagnostic or Functional Assessment Instrument or Test Used?
1. Has the reliability and validity of the instrument or test been established?
2. Does the person being evaluated resemble the population for which the instrument or test was developed?
3. Was the instrument or test used as intended by its developers?
D. How Was the Expert’s Judgment Reached Regarding the Legally Relevant Question?
1. Were the findings of the assessment applied appropriately to the question?
III. Case Example
A. Facts of the Case
B. Testimony of the Plaintiff’s Expert on Negligence
C. Questions for Consideration
D. Testimony of the Plaintiff’s Expert on Damages
E. Questions for Consideration
References on Mental Health Diagnosis and Treatment
References on Mental Health and Law
The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Reference Guide on Mental Health Evidence--Paul S. Appelbaum ."
Reference Manual on Scientific Evidence: Third Edition . Washington, DC: The National Academies Press,
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