Identifying, Avoiding, and Addressing Ethical Misconduct in Neuropsychological Medicolegal Practice

Abstract

Medicolegal practice involving evaluation of impairment and disability in compensation situations is rife with potential for ethical misconduct. The present paper reviews ethical issues involved in the evaluation of impairment and disability in compensation situations. It focuses primarily on ethical standards and practice in the United States. The ability to identify areas of particular risk is the first step in avoiding ethical misconduct. For competent professionals, the loss of objectivity is the primary risk factor for unethical behavior. In addition, lack of familiarity with relevant recent legal cases (such as Daubert), new neuropsychological methods and procedures, and changes in the relevant ethics codes may increase the risk of unethical behavior. In order to promote high levels of competent and ethical medicolegal practice, the legal system should continue advances to establish contingencies that reinforce objective examinations and testimony. When ethical misconduct is observed in one’s colleagues, appropriate steps should be taken to protect both the consumers of our services and the public’s perception of the profession. Ongoing education on the application of ethical principles to medicolegal practice can facilitate ethical professional behavior.