Neurological Expertise and Courts of Law: It Is All About Trauma, Maybe Not?

Authors

  • Gentian Vyshka Biomedical and Experimental Department, Faculty of Medicine, University of Medicine in Tirana, Albania
  • Entela Basha Neurovascular Service, University Hospital Center “Mother Teresa”, Tirana, Albania
  • Eris Ranxha Neurovascular Service, University Hospital Center “Mother Teresa”, Tirana, Albania

Keywords:

neurological disorders, courts of law, litigation, forensic sciences

Abstract

Neurological expertise is requested from courts of law in some particular cases, both in criminal and civil proceedings. With the judiciary field falling mostly within the scope of legal medicine professionals, and forensic psychiatrists, the role of an expert from other medical specialties seems unfamiliar. While considering the neurological deficits and diagnoses, experts rely on classificatory systems that highly fragmentize isolated somatic injuries. Such a stand might not reflect the impact of the injury or deficit for the patient as a whole.

Neurotraumatology has been the main field where expertise is necessary, following civil suits, litigation, malpractice, and remuneration requests. Other neurological disorders are not immune from being at the center of a legal issue, such as dementia, epilepsy and so on. Well known in the still debatable issue on epilepsy being a disease of mind or not. Thus, neurologists at court should carefully avoid psychiatric overlapping of opinions and remain within the limits of their specialty, while considering a multifaceted issue.

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Published

2024-03-04

Issue

Section

Articles