Psychological claims have grown steadily in the last 20 years. Psychological claims include allegations of emotional distress, brain damage (neuropsychological deficits) and fear of future illness. A growing problem in these cases is the unwillingness of some psychologists to disclose their tests and test data to attorneys wishing to depose or cross-examine them. 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.
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