Insights on clinical neuropsychology, expert witness work and medico-legal assessment, including guidance for solicitors and information on cognitive assessment and brain injury

Clinical negligence claims involving neurological injury can raise questions that extend well beyond establishing what happened medically. Where an alleged breach of duty has resulted in brain injury, stroke, hypoxic injury or another neurological condition, the court may also need to understand the consequences of that injury for the claimant's cognitive functioning and everyday life. A claimant may have difficulties with memory, attention, information processing, executive

Memory problems are among the most commonly reported cognitive difficulties following acquired brain injury. Claimants may describe forgetting conversations, losing track of appointments, repeatedly asking the same questions or struggling to retain information that would previously have been remembered without difficulty. Within personal injury and clinical negligence litigation, however, the presence of reported forgetfulness does not necessarily establish that memory itself

Assessing mental capacity can range from a relatively straightforward clinical judgement to a detailed examination of cognition, decision-making and functional ability. Not every capacity assessment requires a clinical neuropsychologist. In many cases, an appropriately trained health or social care professional can answer the relevant question perfectly adequately. The position can be different where capacity is disputed, the decision is particularly significant, or there is

When a solicitor needs to instruct a neuropsychology expert witness for a client in Devon, geographical location may seem an obvious place to start. But does the expert themselves need to be based locally? In most cases, the most important consideration is not where the expert is based, but whether they have the specialist expertise, qualifications and medico-legal experience required for the issues in the case. For clients in Devon, however, access to face-to-face neuropsych

In a brain injury claim, identifying a cognitive difficulty is only part of the picture. For the individual concerned, and often for the litigation, the more important question is what that difficulty means in everyday life. Problems with memory, attention, processing speed or executive functioning may affect employment, independence, relationships and the ability to manage complex daily tasks. In other cases, measurable cognitive weaknesses may have relatively little practic

A medico-legal neuropsychological assessment is rarely based on test results alone. The clinical neuropsychologist is usually being asked to consider a much broader question: whether an individual has experienced a change in cognitive functioning, how that change relates to the neurological and psychological evidence, what other factors may be relevant, and what the likely consequences are for everyday life. To do that well, the expert needs to understand the person’s functio

Clinical negligence cases involving neurological injury can present a particular evidential challenge. Medical records and neurological investigations may establish that an event occurred, but they do not necessarily explain how any resulting brain dysfunction has affected the individual’s thinking, behaviour and day-to-day functioning. This is where evidence from a clinical neuropsychologist may be valuable. A neuropsychological assessment can provide an objective evaluation

Neuropsychological evidence frequently plays an important role in personal injury and clinical negligence litigation where there are concerns regarding the cognitive, behavioural or emotional consequences of neurological injury. In many cases, the questions before the court extend beyond diagnosis alone. The central issues are often whether cognitive difficulties are present, whether they are likely to be attributable to the injury in question, how they affect everyday functi

Fatigue is one of the most frequently reported consequences of traumatic brain injury and other neurological conditions. However, cognitive fatigue differs from ordinary tiredness and can have a significant impact on an individual's ability to work, make decisions and function independently. In personal injury and clinical negligence litigation, cognitive fatigue may be relevant to questions of causation, functional impact, rehabilitation needs and future loss. It is therefor

Following a traumatic brain injury or other neurological condition, cognitive difficulties are often described in terms of memory or concentration. However, one of the most significant— and frequently misunderstood — consequences of brain injury involves executive functioning. Executive functions underpin many of the complex cognitive abilities required for independent living, employment and decision-making. Difficulties in this area may have a profound impact on everyday fun

Questions regarding capacity to conduct litigation can arise in a wide range of legal proceedings. Whilst most individuals involved in litigation are able to understand and participate in the legal process, some may experience difficulties that raise concerns regarding their ability to conduct proceedings effectively. These cases often require careful assessment and may benefit from specialist neuropsychological input where cognitive impairment, neurological injury or neurode

Concussion and mild traumatic brain injury are among the most frequently encountered injuries in personal injury litigation. Whilst many individuals recover fully within weeks or months, a minority continue to report ongoing symptoms long after the initial injury. These cases can present significant challenges for solicitors, particularly where symptoms persist despite normal neuroimaging findings and there is disagreement regarding the cause, severity or likely duration of t

Brain injury claims often involve complex questions regarding cognition, behaviour, emotional functioning and long-term prognosis. One of the most common questions raised by solicitors is when a neuropsychologist should be instructed. There is no single answer that applies to every case. The appropriate timing depends on the nature of the injury, the issues in dispute, and the purpose of the assessment. However, understanding the different stages of recovery can help solicito

When a case involves cognitive, behavioural, emotional or psychological difficulties, solicitors are often faced with an important question: should they instruct a Clinical Psychologist or a Neuropsychologist? Whilst there is overlap between the two professions, they are not interchangeable. Selecting the most appropriate expert can have a significant impact on the quality and relevance of the evidence obtained. What Is a Clinical Psychologist? Clinical Psychologists are trai

Questions regarding mental capacity arise in a wide range of medico-legal contexts. In some cases, the issue is whether an individual has the capacity to conduct litigation. In others, concerns may relate to financial decision-making, care arrangements, property matters, or testamentary capacity. Where cognitive impairment is suspected, the court may require expert evidence to assist in determining how an individual's cognitive functioning affects their ability to make a spec

In personal injury, clinical negligence and capacity litigation, the quality of expert evidence can significantly influence the outcome of a case. A neuropsychological expert report is often relied upon to address issues relating to: Cognitive impairment Functional impact Causation Prognosis Capacity However, not all reports carry the same evidential weight. A robust neuropsychological report is not simply one that identifies symptoms or presents test scores. It is one that d

In medico-legal practice, the terms “clinical psychologist” and “neuropsychologist” are sometimes used interchangeably. However, they are not the same discipline, and the distinction may be important in cases involving brain injury, cognitive impairment, or questions of capacity. Where litigation involves concerns about memory, attention, executive functioning or the cognitive effects of neurological injury, solicitors may need to consider whether specialist neuropsychologica

Claims involving mild traumatic brain injury (mTBI) often require careful interpretation of cognitive symptoms, functional impact, and causation. In many cases, the consequences of injury may not be immediately clear from the medical records alone, particularly where neuroimaging is unremarkable or reported symptoms are non-specific. In this context, neuropsychological evidence can assist the court by addressing whether reported cognitive difficulties are consistent with brai

In litigation involving brain injury, cognitive impairment, or questions of capacity, neuropsychological evidence can be central to the court’s understanding of the case. The role of the expert witness in this context is governed by the Civil Procedure Rules (CPR Part 35), which set out the duties and responsibilities of experts in England and Wales. For solicitors, a clear understanding of this framework is essential when instructing a neuropsychology expert witness, as it d

The instruction of expert witnesses in England and Wales places clear emphasis on independence, transparency, and compliance with procedural rules. In neuropsychology, expert evidence is often central to questions of cognitive impairment, functional impact, capacity, and prognosis, particularly in personal injury and clinical negligence litigation. The quality and independence of that evidence can materially affect the outcome of a case. Neuropsychology experts may be instruc