Legal issues that may arise in neurodiagnostic testing are reviewed br
iefly. This article focuses on applications of medical malpractice law
with respect to negligence in selection, conduct, and interpretation
of tests. The impact of the doctrine of informed consent is considered
both in the context of malpractice law and human subjects research. T
he article concludes with a short exposition on enterprise liability a
nd diagnostic tests, indicating the ways in which the growing role of
corporations in medical practice may prompt changes in how claims for
test-related medical injuries are processed. This article aims to conv
ey an appreciation of how the law attempts to reduce test-related harm
s by imposing liability on individuals and organizations.