TBI litigation produces some of the most technically sophisticated cross-examination in civil law. Defense counsel will challenge your validity indicators, your causation opinion, and your base rates. ForensicPrep prepares you for every line of attack.
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Opposing counsel will argue that below-chance performance proves malingering. You need to know the sensitivity, specificity, and base rates for every PVT you administered.
The TOMM is sensitive to frank malingering but less sensitive to effort variability. Know this distinction. It will be used against you.
Did the injury cause the deficits or did they preexist? Pre-existing conditions and alternative causation are the backbone of defense strategy in TBI cases.
"Your client stands to receive $4 million if you find deficits. You've acknowledged you were retained by plaintiff's counsel. Isn't that a significant source of bias?"
Lab-based cognitive tests don't always predict real-world function. Defense counsel will argue your battery doesn't demonstrate actual impairment in daily life.
IQ norms become outdated. If you're using WAIS-V norms without addressing the Flynn effect, expect a detailed challenge on whether scores are artificially inflated.