Godoy Medical Forensics

Many times, a police officer will interview a defendant after a fight or a car wreck where the person being interviewed has suffered head trauma. What the police officer may not understand is that even mild Traumatic Brain Injury (mTBI) can affect a person’s ability to comprehend the questions being asked and the ramifications of the answers he is giving. From the officer’s perspective, the patient may not demonstrate any outward signs of compromised capacity. A mental health expert is best suited to assess the patient’s ability to consent at the time of the interview.

The ability to consent and make informed decisions is affected in all patients with Traumatic Brain Injury. However, this is not an either/or issue. It is, rather, one that falls into a spectrum. In some cases, the ability to make decisions is obvious, as in those with severe TBI and neurological compromise. In patients with mild or moderate TBI, it may not be so clear:

In summary, an interview performed in the setting of any level of head trauma should be taken with caution and may not hold up in court.

 

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