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Medico-legal and forensic evaluations
Legal Evaluations
Types of medico-legal evaluations
Worker’s Compensation
Evaluations to determine causation and impairment ratings for workers’ claims of cognitive and/or psychological symptoms.
Dr. Marreiro is certified as a psychological Qualified Medical Evaluator (QME). Because neuropsychology is no longer considered a QME specialty, it is advised to designate Dr. Marreiro as an Agreed Medical Evaluator (AME) or request from the claims adjuster for Dr. Marreiro to perform an evaluation as a medical-legal one.
Evaluations to determine causation and impairment ratings for workers’ claims of cognitive and/or psychological symptoms.
Dr. Marreiro is certified as a psychological Qualified Medical Evaluator (QME). Because neuropsychology is no longer considered a QME specialty, it is advised to designate Dr. Marreiro as an Agreed Medical Evaluator (AME) or request from the claims adjuster for Dr. Marreiro to perform an evaluation as a medical-legal one.
Independent Medical Examination
Evaluations to assess an injury or illness that is not work-related. This may be required as part of a submission for disability income through a private insurance company.
Evaluations to assess an injury or illness that is not work-related. This may be required as part of a submission for disability income through a private insurance company.
Civil Personal Injury Cases
To assess for psychological or neuropsychological impairments due to an injury or traumatic event
To assess for psychological or neuropsychological impairments due to an injury or traumatic event
Conservatorship, Testamentary Capacity & Undue Influence EvaluationsTo determine is a person retains the capacity to make certain decisions (i.e., make a will) or to determine if the person has made certain decisions under undue influence.
Fitness for Duty
To determine if an individual is able to perform their job duties in a manner that is safe, reliable and consistent.
To determine if an individual is able to perform their job duties in a manner that is safe, reliable and consistent.
What is the role of a neuropsychologist in a clinical evaluation?
In clinical evaluation, the neuropsychologist’s primary role is to assess brain behavior relationships to answer CLINICAL questions.
Does the person have a change or problem in thinking abilities and behavior due to changes in brain function? What are the likely causes of these problems? What would best help the person get better or function better?
In some cases, the neuropsychologist may act as an advocate to assist the person or may even provide some types of treatment. The clinician has a doctor-patient relationship with the person they are evaluating.
These types of evaluations may be covered by medical insurance plans.
What is the role of a neuropsychologist in a medico-legal or forensic evaluation?
In a forensic evaluation, the neuropsychologist’s primary role is to objectively answer a LEGAL question.
This may be to answer if someone has the capacity to make a legal decision such as change their will, or it might be to assess damages from an accident or injury. In forensic evaluations, the neuropsychologist is often asked to meet a legal standard of proof, which may require us to focus on different aspects of the case that are more relevant to the legal question. This also may require more extensive review of records, interviews with collateral sources, testing, and documentation.
The neuropsychologist is generally hired by an attorney, and there is no patient-doctor relationship. While the neuropsychologist may be hired by a plaintiff or defense attorney, their duty is to render an opinion based on verified and objective data. This type of evaluation is not covered by medical insurance.
This may be to answer if someone has the capacity to make a legal decision such as change their will, or it might be to assess damages from an accident or injury. In forensic evaluations, the neuropsychologist is often asked to meet a legal standard of proof, which may require us to focus on different aspects of the case that are more relevant to the legal question. This also may require more extensive review of records, interviews with collateral sources, testing, and documentation.
The neuropsychologist is generally hired by an attorney, and there is no patient-doctor relationship. While the neuropsychologist may be hired by a plaintiff or defense attorney, their duty is to render an opinion based on verified and objective data. This type of evaluation is not covered by medical insurance.
Should I have a clinical or forensic evaluation?
Depending on the nature of your complaint or injury, you may very well benefit from a clinical evaluation AND a forensic evaluation. However, a clinical evaluation will generally not provide sufficient evaluation and documentation to withstand the scrutiny of cross examination.
Clinical evaluations are, by definition, biased in favor of the patient, and this can hurt your case’s credibility. In some cases, getting a clinical evaluation instead of a forensic evaluation can hinder a later forensic evaluation as it may limit the specific methods the evaluator can employ.
Getting an unbiased, objective comprehensive assessment also provides your attorney with critical information so that they can evaluate the strengths and weaknesses of your case and anticipate the kinds of responses they may get from the opposing side’s expert.
Clinical evaluations are, by definition, biased in favor of the patient, and this can hurt your case’s credibility. In some cases, getting a clinical evaluation instead of a forensic evaluation can hinder a later forensic evaluation as it may limit the specific methods the evaluator can employ.
Getting an unbiased, objective comprehensive assessment also provides your attorney with critical information so that they can evaluate the strengths and weaknesses of your case and anticipate the kinds of responses they may get from the opposing side’s expert.
Remember, you are hiring an expert, not an advocate.
Telehealth and in-home appointments may be available upon request
BOOK A FREE CONSULTATION
Medico-legal and forensic evaluations provide independent, expert opinions used to inform legal and entitlement decisions
There are several important differences between a clinical neuropsychological evaluation and a forensic evaluation.
A clinical evaluation is done for the purpose of obtaining a diagnosis and informing treatment. A forensic evaluation is done to answer a legal question. On the surface, it may seem like one evaluation would be able to address both issues and, in many respects, the actual evaluation process is quite similar.
However, getting a clinical evaluation when a forensic evaluation is needed, can have a significant negative effect on the outcomes of the given legal situation. Please inform us if you have been advised to seek a neuropsychological evaluation by an attorney so that we can be sure to provide you with the appropriate evaluation to best meet your needs.
However, getting a clinical evaluation when a forensic evaluation is needed, can have a significant negative effect on the outcomes of the given legal situation. Please inform us if you have been advised to seek a neuropsychological evaluation by an attorney so that we can be sure to provide you with the appropriate evaluation to best meet your needs.
How do I schedule a medico-legal / forensic evaluation?
Forensic evaluation must be scheduled and paid for through a third-party such as an attorney or disability insurance company.
What will happen to the results of my forensic evaluation?
Results are communicated to the requesting third party (i.e., attorney, insurance company, court). Generally, forensic assessments are meant to be submitted to a court as evidence for a legal proceeding. They may also be used as attorney-client work product to help the attorney assess the strengths and weaknesses of your case. It is up to the discretion of the hiring agent whether the results of the evaluation are submitted to the court.
What is a Neuropsychologist?
A Neuropsychologist is a licensed psychologist specializing in the area of brain-behavior relationships.
Pediatric neuropsychologists also have expertise in neurodevelopment and the relationship between brain health and academic, social, and daily functioning in children and adolescents.
Board certification in Clinical Neuropsychology is the clearest demonstration of this expertise.
Office Location and Contact
Burlingame
533 Airport Boulevard
Suite 400
Burlingame, CA 94010
Suite 400
Burlingame, CA 94010
BOOK A FREE CONSULTATION
Frequently Ask Questions
Bay Area Cognitive Health is dedicated to promoting cognitive and behavioral health for children, adolescents, and adults.
What is the role of a neuropsychologist in a clinical evaluation?
In clinical evaluation, the neuropsychologist’s primary role is to assess brain behavior relationships to answer CLINICAL questions. Does the person have a change or problem in thinking abilities and behavior due to changes in brain function? What are the likely causes of these problems? What would best help the person get better or function better? In some cases, the neuropsychologist may act as an advocate to assist the person or may even provide some types of treatment. The clinician has a doctor-patient relationship with the person they are evaluating. These types of evaluations are frequently covered by medical insurance plans.
What is the role of a neuropsychologist in a medico-legal or forensic evaluation?
In a forensic evaluation, the neuropsychologist’s primary role is to objectively answer a LEGAL question. This may be to answer if someone has the capacity to make a legal decision such as change their will, or it might be to assess damages from an accident or injury. In forensic evaluations, the neuropsychologist is often asked to meet a legal standard of proof, which may require us to focus on different aspects of the case that are more relevant to the legal question. This also may require more extensive review of records, interviews with collateral sources, testing, and documentation. The neuropsychologist is generally hired by an attorney, and there is no patient-doctor relationship. While the neuropsychologist may be hired by a plaintiff or defense attorney, their duty is to render an opinion based on verified and objective data. This type of evaluation is not covered by medical insurance.
Should I have a clinical or forensic evaluation?
Depending on the nature of your complaint or injury, you may very well benefit from a clinical evaluation AND a forensic evaluation. However, a clinical evaluation will generally not provide sufficient evaluation and documentation to withstand the scrutiny of cross examination. Clinical evaluations are, by definition, biased in favor of the patient, and this can hurt your case’s credibility. In some cases, getting a clinical evaluation instead of a forensic evaluation can hinder a later forensic evaluation as it may limit the specific methods the evaluator can employ. Getting an unbiased, objective comprehensive assessment also provides your attorney with critical information so that they can evaluate the strengths and weaknesses of your case and anticipate the kinds of responses they may get from the opposing side’s expert. Remember, you are hiring an expert, not an advocate.
How do I schedule a medico-legal/forensic evaluation?
Forensic evaluation must be scheduled and paid for through a third-party such as an attorney or disability insurance company.
What will happen to the results of my forensic evaluation?
Results are communicated to the requesting third party (i.e., attorney, insurance company, court). Generally, forensic assessments are meant to be submitted to a court as evidence for a legal proceeding. They may also be used as attorney-client work product to help the attorney assess the strengths and weaknesses of your case. It is up to the discretion of the hiring agent whether the results of the evaluation are submitted to the court.
Types of medico-legal evaluations
Worker’s Compensation
Evaluations to determine causation and impairment ratings for workers’ claims of cognitive and/or psychological symptoms. Dr. Marreiro is certified as a psychological Qualified Medical Evaluator (QME). Because neuropsychology is no longer considered a QME specialty, it is advised to designate Dr. Marreiro as an Agreed Medical Evaluator (AME) or request from the claims adjuster for Dr. Marreiro to perform an evaluation as a medical-legal one.
Independent Medical Examination
Evaluations to assess an injury or illness that is not work-related. This may be required as part of a submission for disability income through a private insurance company.
Civil Personal Injury Cases
To assess for psychological or neuropsychological impairments due to an injury or traumatic event
Conservatorship, Testamentary Capacity & Undue Influence Evaluations
To determine is a person retains the capacity to make certain decisions (i.e., make a will) or to determine if the person has made certain decisions under undue influence.
Fitness for Duty
To determine if an individual is able to perform their job duties in a manner that is safe, reliable and consistent
