Law & Health Care Program faculty member Amanda Pustilnik was featured on the October 24th episode of The Week in Health Law podcast, co-hosted by Maryland Carey Law Professor Frank Pasquale and Nicolas Terry of the Indiana University Robert H. McKinney School of Law.
Professor Pustilinik discusses her work on evidentiary issues presented by neuroscientific research on memory and the role of pain in the legal context. During the podcast, Professor Pustilnik also discusses her work as chair of the law and ethics section of a task force convened by the International Association for the Study of Pain (IASP) that issued the first guidance of any professional body on the uses of neuroimaging as legal evidence. This consensus statement, “Brain Imaging Tests for Chronic Pain: medical, legal and ethical issues and recommendations," appeared in Nature Reviews Neurology.
The consensus statement is broadly applicable to the neuroimaging of many subjective states, but focuses on chronic pain, a set of misunderstood conditions affecting up to 1/3 of people in their lifetime and costing legal and medical systems billions of dollars. The paper proposes criteria and standards for pain neuroimaging in clinical and legal settings, while emphasizing the need protect parties and the legal system itself from unreliable data.