Скачать или смотреть The learning effect and how it's used against TBI victims

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The learning effect means that the more you see something, the better your performance will be, especially in standardized tests. So that's why students are advised to take those tests more than once because it will improve their performance.

That can be a real issue in a traumatic brain injury (TBI) case because neuropsychological testing is generally the main clinical form of diagnosing TBIs.

In a litigation setting, the plaintiff will undergo neuropsychological testing, and it will be scored. And based on these scores, findings about the performance in a given area of testing will be made about the cognitive issues or the dysfunction.

When the defense or the insurance company wants the plaintiff to go through the testing again, done by the expert they hire, they'll say that the person is getting better and their problems are going to resolve. That's because, on the first test they did very poorly and on the second test, they did much better.

But the improvement is really attributable to the learning effect. It's something to be aware of if the injured party is represented by an attorney who may not be aware of it. It's important to make them aware of it. They need to make sure that the learning effect can be factored in during the deposition of the defense expert.

The injured person will perform better each time they take the test, but that's not because they're getting better but only because they're more familiar with the test.