Presenting Evidence of Executive Functions Deficit in Court: Why Is Behaviour So Important? - Dr Nicolas Priestley & Dr David Manchester
01/03/14. The executive functions are a range of higher order cognitive abilities that play a fundamental role in successful adaptive living. After brain injury even mild impairments in these abilities can cause significant deficits in personal, social and occupational realms. In this article we consider three issues relevant to the presentation of evidence to the court regarding executive functioning; firstly, the importance of comprehensive assessment that includes both neuropsychology tests as well as behavioural observations; secondly, the potential contribution of more ecologically valid tests that assess behaviour in the real world; and finally real world behaviours that it can be helpful to consider in relation to a claimant’s effort.
Background
In a recent article in the Journal of Personal Injury Law we discussed along with our legal colleague Rachel Aram how the expert neuropsychologist may assist the court when presenting evidence of executive functions deficit after brain injury. We noted that personal injury lawyers are required to make projections over many years as to their client’s likely functioning. When doing so they must establish...
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