Vol. 5 No. 2 | March 2014

Vol. 5 No. 2 | March 2014

ISBN: 2150-7740

target articles

Roentgen’s discovery of the x-ray in 1895 not only provided physicians with a remarkable visual tool to diagnose and treat human diseases and injuries, but it also provided the judiciary system with the ability to assess the extent and degree of injury suffered by individuals who became victims of negligent conduct by physicians, fellow citizens, industrial entities, or criminal behavior. ...

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The Potential for Medicolegal Abuse: Diffusion Tensor Imaging in Traumatic Brain Injury

Hal S. Wortzel, A. John Tsiouris & Christopher G. Filippi

This article discusses the nature and value of diffusion tensor imaging (DTI) in medicolegal settings. Although the technology and theory that supports DTI is provocative and exciting, we argue that expert testimony that confidently relies on DTI is highly problematic. In this article, we discuss the current limitations inherent in acquiring and analyzing DTI data; list problems especially with sp...

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Daubert, Frye and DTI: Hijacking the Right to Trial by Jury

William G. Jungbauer & Christopher W. Bowman

This article is a response to a number of recent articles by commentators such as Wortzel (2013), Meltzer and colleagues (2013), and Wortzel, Tsiouris, and Filippi (2014) that seek to restrict the admissibility of diffusion tensor imaging (DTI) in court cases where an injured plaintiff has suffered a mild traumatic brain injury.  The legal question governing the admissibility of expert testimony ...

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This article addresses the question of the relevance of brain imaging to legal criteria that are behavioral, that is, that require evaluation of a defendant’s actions or mental states. It begins with the legal standard for the admissibility of scientific and technical evidence. Then it considers the relevance of imaging to behavioral legal criteria. The problem is translating mechanistic neu...

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Controlling Bias in Forensic Radiology

Carolyn Meltzer & John Banja

This article examines sources and consequences of bias in expert witness testimony involving neuroradiological images. The increasing use of neuroimages in the courtroom invites unique ethical considerations and concerns, given the rapid evolution of their associated technologies and the ways neuroimaging data as used in the courtroom provides windows into human behavior and motivation. We conclud...

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