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Overview
Beyond the Diagnosis: Unlock the Secrets of Expert Testimony
In high-stakes and complex injury cases, expert testimony often becomes the cornerstone of the trial. However, the path to success is fraught with challenges. This course is designed to equip you with inside insights and sophisticated strategies you need to master if you want to hold your expert up and take the opposing party's down. With a focus on neurological, psychological, or chronic pain conditions and testimony, our top-tier faculty will reveal creative ways to tailor and strengthen your approach. Register today!
- Discover why even experienced lawyers get poor testimony from doctors (and how to prevent it).
- Examine specific Daubert issues for experts in neuropsychology and other areas of specialization.
- Learn how to ask the right questions to expose weaknesses in opposing expert testimony.
- Glean new insight on investigating, proving, and disproving malingering.
This program was designed in conjunction with NBI's esteemed 2023-2025 Content Advisory Committee Member Robert J. Kasieta.
Abbreviated Agenda
- Mastering Expert Collaboration
- Drawing the Daubert Line: The Risks and Limits of Medical Expert Testimony
- Cross-Examining Doctors in Complex Injury Cases: Asking the Right Questions
- Strategies for Proving or Disproving Malingering
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
3 Total | 05-23-2027 |
| Alabama CLE |
|
3 Total | 12-31-2025 |
| Arkansas CLE |
|
3 Total | 06-30-2026 |
| Arizona CLE |
|
3 Total | 05-23-2027 |
| California CLE |
|
3 Total | 05-23-2027 |
| Colorado CLE |
|
4 Total | 12-31-2027 |
| Connecticut CLE |
|
3 Total | 05-23-2027 |
| Delaware CLE |
|
3 Total | 05-23-2027 |
| Florida CLE |
|
3.5 Total | 11-30-2026 |
| Georgia CLE |
|
3 Total | 12-31-2025 |
| Hawaii CLE |
|
3 Total | 05-23-2027 |
| Iowa CLE |
|
3 Total | 05-23-2026 |
| Idaho CLE |
|
3 Total | 05-23-2030 |
| Illinois CLE |
|
3 Total | 05-22-2027 |
| Indiana CLE |
|
3 Total | 05-23-2026 |
| Kansas CLE |
|
3.5 Total | 05-21-2026 |
| Louisiana CLE |
|
3 Total | 05-23-2026 |
| Maine CLE |
|
3 Total | 05-22-2027 |
| Minnesota CLE |
|
3 Total | 05-23-2027 |
| Missouri CLE |
|
3.6 Total | 05-23-2027 |
| Northern Mariana Islands CLE |
|
3 Total | 05-23-2027 |
| Montana CLE |
|
3 Total | 05-23-2028 |
| North Carolina CLE |
|
3 Total | 02-28-2026 |
| North Dakota CLE |
|
3 Total | 05-23-2028 |
| Nebraska CLE |
|
3 Total | 05-23-2027 |
| New Hampshire CLE |
|
3 Total | 05-23-2028 |
| New Jersey CLE |
|
3.6 Total | 02-19-2026 |
| New Mexico CLE |
|
3 Total | 05-23-2027 |
| Nevada CLE |
|
3 Total | 05-23-2028 |
| New York CLE |
|
3.5 Total | 05-23-2028 |
| Ohio CLE |
|
3 Total | 12-31-2025 |
| Oklahoma CLE |
|
3.5 Total | 05-23-2027 |
| Oregon CLE |
|
3 Total | 05-23-2028 |
| Pennsylvania CLE |
|
3 Total | 05-23-2027 |
| South Carolina CLE |
|
3 Total | 12-31-2025 |
| Tennessee CLE |
|
3 Total | 05-22-2027 |
| Texas CLE |
|
3 Total | 04-23-2026 |
| Utah CLE |
|
3 Total | 12-31-2025 |
| Vermont CLE |
|
3 Total | 05-23-2027 |
| Washington CLE |
|
3 Total | 05-22-2030 |
| Wisconsin CLE |
|
3.5 Total | 12-31-2026 |
| West Virginia CLE |
|
3.6 Total | 05-23-2027 |
| Wyoming CLE |
|
3 Total | 02-19-2026 |
Select Jurisdiction
CLE
Agenda
-
Mastering Expert Collaboration
- Pitfalls to Look Out For
- Reasons Why Even Experienced Trial Lawyers Will Get Terrible Testimony
- How to Package Information for Experts to Get the Best Possible Report
- Working With Experts Regarding Psychological Testing Results
- Solutions When the Best Medical Witness - the Treating Doctor - Opts Out
-
Drawing the Daubert Line: The Risks and Limits of Medical Expert Testimony
- Daubert Risks for Neurologists and Neuropsychologists
- Daubert Risks in Complex Regional Pain Syndrome and Fibromyalgia Cases
- Daubert Challenges in Psychiatric and Psychological Expert Testimony
-
Cross-Examining Doctors in Complex Injury Cases: Asking the Right Questions
- In TBI Cases
- In CRPS and Fibromyalgia Cases
- In Psychological Injury Cases
-
Strategies for Proving or Disproving Malingering
- Defense Medical Examination Insights
- Malingering in Physical vs. Psychological Injury Claims
- Waddell Signs
- Objective vs. Subjective Testimony
Who Should Attend
This program is designed for attorneys. Paralegals may also benefit.
Speakers
Speaker bio
Brian S. Foley
M.B.A., is a physical medicine and rehab (PM&R) doctor at Community Spine Center, part of Community Health Network in Indianapolis, Indiana. He is a member of the Spinal Intervention Society (SIS). Dr. Foley has certifications with the Evaluation of Disability and Impairment Rating (CEDIR), American Academy of Disability Evaluation Physicians (AADEP), American Board of Anesthesiology (ABA), American Board of Electrodiagnostic Medicine (ABEM), and American Board of Physical Medicine and Rehabilitation (ABPMR). He earned his bachelor's degree in chemistry from SUNY-Binghamton, his M.D. degree from SUNY-HSC Syracuse and his M.B.A. degree from the Kelley School of Business. Dr. Foley completed his internship in internal medicine and his residency in PM&R at The Ohio State University College of Medicine. He is currently a clinical associate professor (volunteer faculty) at Marian College of Osteopathic Medicine & Indiana University School of Medicine.
Speaker bio
Paul D. Friedman
is a member, head of litigation and general counsel with Brown, Crowell & Friedman, PLLC d/b/a Accident Law Group™. He practices in the areas of medical malpractice, significant personal injury and ethics matters. Dr. Friedman is admitted to practice in Arizona, Ninth Circuit Court of Appeals and the U.S. Supreme Court. He is board-certified by the National Board of Legal Specialty Certification in civil pretrial practice advocacy and civil trial advocacy (NBOTA). Dr. Friedman has been certified in injury and wrongful death litigation by the State Bar of Arizona since 1997. He is an associate with the American Board of Trial Advocates (ABOTA). Dr. Friedman is also a medical malpractice diplomate with the American Board of Professional Liability Attorneys. He is a diplomate of the American Board of Forensic Examiners®, where he developed the curriculum for the Certified Forensic Consulting® Certification Course and authored the "Certified Forensic Consultant Body of Knowledge" by CRC Press. Dr. Friedman earned his bachelor's degree from the University of Arizona, his J.D. degree from California Western School of Law, his master's degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his doctorate from LaCrosse University. He was an adjunct professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine, where he instructed health care providers and students in the medical field. Dr. Friedman is currently an adjunct professor with the Sandra Day O'Connor School of Law at Arizona State University.
Speaker bio
Daniel A. Lipman
is a partner at Parker Lipman LLP. His passion is representing injured people and their families in personal injury cases. Mr. Lipman has extensive experience pursuing a wide range of personal injury cases including sexual assault cases, complex medical malpractice matters, and wrongful death cases. He has repeatedly been named in Super Lawyers and is repeatedly named to Super Lawyers "Top 100" lawyers in Colorado. Mr. Lipman is included in "Top Lawyers" in Denver's 5280 Magazine. Martindale-Hubble recognizes his skills with an "AV-Preeminent" rating, the highest rating for legal ability and ethical standards based upon a lengthy peer review process. Mr. Lipman is honored to be a faculty member at the National Institute of Trial Advocacy (NITA), teaching litigation skills to other lawyers.He has often been a guest speaker at the University of Colorado School of Law, University of Denver School of Law and University of Colorado Hospital. Mr. Lipman has spoken at numerous seminars and has lectured nationally on personal injury law.
Speaker bio
Mark J. Favaloro
is the principal of Favaloro Law, originally established in Massachusetts before establishing his current Virginia Beach office. He brings 38 years of trial experience to the firm, having handled matters in the trial courts of the Commonwealths of Virginia and Massachusetts, as well as in the U.S. District Courts and Courts of Appeal in the First and Fourth circuits. Mr. Favaloro is a member of the Virgnia State Bar, Massachusetts Bar Association, American Judicature Society, Massachusetts Academy of Trial Attorneys, Virginia Trial Lawyers Association and American Association for Justice (AAJ). He earned his B.S. degree, cum laude, from the University of New Hampshire, his J.D. degree from the New England Law/Boston and his LL.M. degree from the Boston University School of Law.
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