Diminished Capacity? Part Two: Assessing Expert Testimony on Cognitive Impairment at Trial

Building on the medical framework established in Part 1, this session turns to the practical realities of preparing and presenting expert testimony on cognitive impairment and capacity in the courtroom. Sarah N. Mourra, M.D. and David W. Trader, M.D. return with moderator Judge David J. Cowan to address how experts analyze medical records, structure written reports versus providing oral testimony, and scope their opinions appropriately. The panel explores the critical distinctions between testamentary and contractual capacity, the risks of straying into areas of undue influence or elder abuse that may be beyond their expertise, and how the Sanchez decision affects an expert's ability to evaluate a treating physician's conclusions without personally examining the patient. The discussion also covers what lawyers often overlook when working with a medical expert and what to look for when assessing the other side's expert on cognitive issues. 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.