Work Product Review
An independent check on another expert's psychological or neuropsychological report: how it was done, and whether the conclusions follow.
When a psychological or neuropsychological evaluation is central to a case, the report is a claim about method as much as about the person. Work product review examines that claim: the existing expert reports, the psychological and neuropsychological evaluations behind them, and the medical and court documents they rely on.
Reports Commonly Reviewed
- Personal injury psychological and neuropsychological evaluations
- Child psychological and neuropsychological evaluations
What the Review Examines
Methodology
Were the procedures appropriate for the referral question and the person evaluated? Were tests administered and scored according to their standards, and were the comparison norms suitable?
Adequacy of the data
Was enough information collected? Did the expert rely on testing alone, or also on interview, records and collateral sources? Were important records missing?
Interpretation of testing
Do the scores mean what the report says they mean? Were inconsistent results acknowledged? Was the person's pre-existing functioning taken into account?
Use of the record
Did the expert review the relevant medical records and court pleadings, and represent them accurately?
Support for the conclusions
Do the opinions follow from the evidence, or do they go beyond it? Were alternative explanations considered?
How Attorneys Use a Review
A review shows the strengths and limitations of an evaluation and identifies issues that may matter in deposition or at trial. Attorneys use it to develop case strategy, prepare to cross-examine the other expert, or decide whether a new evaluation is warranted. Where needed, Dr. Tutty can prepare a written critique and testify about it.
Reviews emphasize objectivity, clarity and methodological rigor. They are written to inform counsel, not to argue the case.
Common Questions
Can a review be done without evaluating the person?
Yes. A work product review examines the other expert's report, data and the record. It addresses whether the conclusions are supported, not what a new evaluation would find. If the review shows a new evaluation is warranted, that is a separate step.
What materials should counsel send?
The report under review and, where available, the underlying test data, the records the expert relied on, and the relevant pleadings. The exact list is agreed during the consultation.
Does a review always find problems?
No. A review can confirm that a report is methodologically sound. Knowing that before deposition is useful too.
Manhattan Office:
353 Lexington Ave,
New York, NY 10016
Contact
Phone
332-232-3696
IN PERSON AND/OR VIDEO APPOINTMENTS AVAILABLE
Contact Us
Counsel, judges and commissioners can use this form to outline the matter, the question you need answered and any deadlines. We'll respond as soon as possible to discuss scope.