Part 1 - Nuts and Bolts of Assessing Expert Testimony on Cognitive Impairment

This program explores the medical foundations underlying expert testimony on cognitive impairment, the kind of grounding that litigators need before they can effectively challenge or present such evidence at trial. Sarah N. Mourra, M.D. and David W. Trader, M.D. join moderator Judge David J. Cowan to walk through the clinical landscape of cognitive impairment, from DSM-5 diagnoses, evolving terminology and the distinctions between different conditions. The panel will examine how testing methods are weighed, the significance of baseline deviation, and what concepts like mild, moderate, and severe impairment actually mean in the litigation context. In addition, consistent with the Probate Code, the panelists will address how to look at a person's mental functions rather than a mere diagnosis and how these diagnoses affect those functions. The discussion also covers the differences between treating physicians, forensic analysts, neurologists, psychiatrists, and psychologists and what each credential does or does not bring to the witness stand. Audio versions of Beverly Hills Bar Association programs are eligible for Self-Study CLE credit in California. Visit www.bhba.org/podcasts for more information.