GREGORY CHANDLER--Functional Magnetic Resonance Imaging (fMRI)

In what may be a matter of first impression, an expert's proposed testimony as to functional magnetic resonance imaging (fMRI) testing, indicated that a defendant was generally truthful when he said that he attempted to follow proper billing practices in good faith, was inadmissible in a prosecution for healthcare fraud. 

There was no quantifiable error rates for fMRI testing, there were concerns about whether fMRI lie detection could be tested, and there was no formal research presented demonstrating how the brain might respond to fMRI testing. 

The case is, U. S. v. Semrau, 2012 WL 3871357 (C. A. 6-Tenn.)


GREGORY CHANDLER, Attorney at Law