Forensic psychiatrist Patricia R. Recupero, JD, MD offers an extensive examination in light of Daubert of the increased use of telepsychology and telepsychology in forensic examinations

She notes that the COVID-19 pandemic has increased demand for telepsychiatric services. To date, courts have not addressed whether testimony based on a telepsychiatric assessment would meet standards of reliability and validity for admission into evidence, as applied in a typical Daubert hearing. 

This article explores the Daubert standards and other potential objections to telepsychiatry as they may apply to forensic psychiatric examinations conducted via videoconferencing technology. The discussion also provides suggestions to evaluators to increase the likelihood of such testimony surviving a Daubert challenge.

If you are an expert, or if you are challenging an expert, this is a “must read” article.

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