What Every Neuropathologist Needs to Know: Neuropathology and the US Legal System

Abstract

The legal system of the United States is complex, with nuances that are particular to its many jurisdictions. The neuropathologist may professionally interact with the legal system in both criminal and civil proceedings as either a fact or expert witness, and in rare instances as a defendant. The nature of the legal issue at hand will define the pathologist's role and determine what actions are required or requested. The intersection of neuropathology and the laws governing quality assurance may be less defined as legal statutes vary by state; although, the general principles of privilege, peer review, and confidentiality remain similar. Aside from a forensic pathology fellowship, there is often little in the way of our training to prepare us for our potential roles in the courtroom. This article serves as a review for the neuropathologist's role as a witness, the legal proceedings that you may participate in, and the intersection between quality assurance and law.

Keywords: Expert witness; Fact witness; Legal system; Malpractice; Neuropathology; Peer review; Witness.