A neuropsychological perspective on perinatal complications and the law

Abstract

The increasing reliance upon neuropsychological data and testimony, as part of the evidence in obstetric malpractice cases, requires an informed community of professional and research-oriented neuropsychologists. This paper addresses a number of issues relevant to perinatal complications and their impact on neuropsychological development. Theoretical and empirical evidence is discussed which points to possible causal mechanisms that operate interactively to produce neuropsychological symptoms during early development. Recent research based on neuropathological findings suggests the implausibility of certain developmental outcomes related to perinatal trauma. This evidence should find its way into the expert testimony of clinical neuropsychologists in personal injury litigation. A theoretical formulation and model of perinatal insult is provided in order to serve as a basis for conceptualizing clinical cases where such insults are involved. The current paper extends the forum of opinion about obstetric malpractice and reviews the role of the clinical neuropsychologist in this context.