In an earlier post I discussed how the results of neuropsychological tests can impact the evaluation of a brain injury. Recently, the defense counsel in one of my cases filed a motion to dismiss my client’s complaint asserting that there was no objective proof of injury. My client had sustained a mild traumatic brain injury and was experiencing continued residual problems with attention and concentration. The defense asserted that there was no objective proof that plaintiff had sustained a traumatic brain injury. The basis for this argument was that since my client’s MRI was normal, no traumatic brain injury was suffered. This was incorrect. I opposed the defense’s motion and asserted that the neuropsychological evaluation constituted objective proof of injury. In support, I cited to the American Academy of Neurology’s position paper on neuropsychological testing which determined that neuropsychological testing was objective. I also cited to the Medicare standards which also held that neuropsychological testing was objective. The trial judge ruled in our favor finding that neuropsychological testing was objective and satisfied the objective prong of the limitation on lawsuit threshold.
