Personal Injury Law

Controversies in Neuropsychology?

By Bruce Stern

After reading about the outrageous amount of money the welding industry paid to Paul Lees-Haley, Ph.D., as reported by Mother Jones (July/August 2008) and The Center for Public Integrity, I decided to do a Google search of Dr. Lees-Haley.  In doing that search, I came upon a 2000 article written by Dr. Lees-Haley and John C. Courtney, Psy.D. entitled “Are Psychologists Hiding Evidence?  A Need For Reform”.  In that article, Drs. Lees-Haley and Courtney write:
 
 Many psychologists produce their data promptly when asked to do so by litigating attorneys.  Others refuse, claiming that it is unethical to disclose tests or test data to insurers, attorneys or jurors.  It is irresponsible for the Courts to permit psychologists retained by parties in litigation to determine what is relevant for juries to review.  Doing so allows psychologists to displace the Court.  “Without seeing the test and test data, an attorney cannot possibly fully understand the methodology or the reasoning process used to draw conclusions from test data, and cannot possibly fully cross-examine the expert on the reliability and validity of the allegedly scientific methodology.  Giving psychologists this power is not in the best interest of consumers and is against social policy.”
 
The article continues to dissect the various excuses given by psychologists and neuropsychologists who refuse to turn over their test data and provides  persuasive arguments why these excuses are not valid.
 
Reading this article made me remember a more recent article written by Dr. Lees-Haley which took  the exact opposite position.  I went to my book shelf and pulled out an early issue of the Brain Injury Professional, the official journal of the North America Brain Injury Society. I found this statement with regard to the dissemination of test data to attorneys in litigation.  There Dr. Lees-Haley wrote:
 
 Most of us feel that attorneys should not have unrestricted access to tests and their answers.
 
I wonder what caused Dr. Paul Lees-Haley to take this position, a position he previously called irresponsible? Are these real controversies, or made up controversies? You will have to be the judge.

Full post as published by Traumatic Brain Injury Law Blog on August 19, 2008 (boomark / email).