Advanced Legal Practice Issues: Depositions and Testimony for Experts

1.5 CE Credits

Presented by:
Bonny J. Forrest, J.D., Ph.D.
Clinical and Consulting Psychologist, New York, NY, Bethesda, MD, Washington, DC, and San Diego, CA
Affiliate Assistant Professor, Alliant International University, San Diego, CA

This is an advanced, intensive training program for expert witnesses who want to take their deposition and trial preparation to the next level. We will utilize numerous actual courtroom case exercises to help us understand how to prepare for testimony based on our written work. Through the scenarios participants will learn techniques to be more effective during direct examination and techniques to be more effective during cross examination in both depositions and actual trial situations.

After the webinar, participants will be able to:

  1. Anticipate the links between a well written report and the expert’s experience in depositions, or at trials.
  2. Practice responding to difficult questions from attorneys during direct examinations through online scenarios.
  3. Develop a list of techniques to effectively handle cross-examinations.
  4. Describe techniques to present more effectively and persuasively during a trial. 

Target Audience: Basic familiarity with forensic work; have written at least one opinion as an expert in a case. 

Instructional Level:Intermediate

About Bonny J. Forrest, J.D., Ph.D. 
 
Dr. Forrest was a practicing attorney for more than a decade, working in major law firms and financial institutions in California and New York City.  In those roles, she worked with many expert witnesses, including psychologists.  Towards the end of her legal career, she returned to earn her PhD in psychology at Columbia University.  She is a clinician with a substantial background in applied research in several settings, including Columbia, Yale and the National Institutes of Health.  She has also served as a consultant and an expert witness in a number of cases, testifying in both state and federal courts and in depositions on a variety of issues.

In addition to her clinical and consulting work, she has written a number of publications, including her recent book Will My Kid Grow Out of It?, a guide for parents and teachers through the children’s mental health system.  She currently serves as a guest reviewer for several academic journals, and as a member of the editorial board of Child Neuropsychology.   She has also served on American Psychological Association committees, including as a liaison to the Scientific Advisory Committee. 

Dr. Forrest is a frequent guest commentator for publications, TV shows and radio programs where she uses scientific facts to help explain behavior and psychological issues in a layperson’s language.

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Clinical and Forensic Assessment of Medically Unexplained Symptoms: An Update 

1.5 CE Credits

Presented by:
Laurence M. Binder, Ph.D.
Clinical Associate Professor of Neurology and Psychiatry
Oregon Health and Science University

Neuropsychological complaints do not always have clearly demonstrated pathophysiological origin; these complaints sometimes are largely psychogenic.  This webinar will discuss assessment of adults in both clinical and forensic contexts of illnesses including psychogenic nonepileptic seizures (PNES), postconcussive syndrome, and other disputed causes of neurocognitive symptoms.  These illnesses sometimes may be associated with objective cognitive abnormalities that are not caused by neurological disease or injury.  PNES is the best model of medically unexplained neuropsychological symptoms.  Severe stressors and PTSD are associated with immune system problems, neurochemical changes, and various diseases.  Diagnostic problems are intensified by the fact that many patients are poor historians, omitting history of severe stressors and psychiatric problems.  The inability to talk about stressors increases the likelihood of suffering from physiological forms of stress.  

After the webinar, participants will be able to:

  1. Describe scientific evidence that symptoms are nonspecific and nondiagnostic of brain dysfunction.
  2. Describe how psychogenic nonepileptic seizures (PNES) are a model of neuropsychological aspects of medically unexplained symptoms.
  3. Describe how war related symptoms ascribed to concussions sometimes have other causes.
  4. Describe evidence that patients can be poor historians. 

Target Audience:Psychologists with experience performing neuropsychological assessments of adults.

Instructional Level:
Intermediate

About Laurence M. Binder, Ph.D.

Dr. Binder completed his Ph.D. in Clinical Psychology at Wayne State University in 1978.  He practices in the Portland, Oregon area, where he has performed about 7,000 neuropsychological and psychological evaluations.   For 36 years he has been on the faculty of the Oregon Health and Science University where he now is Clinical Associate Professor of Neurology and Psychiatry.  He is a Fellow of the National Academy of Neuropsychology (NAN ) and of the Society for Clinical Neuropsychology (Division 40) of the American Psychological Association.   He was on the staff of the Portland VA Medical Center from 1981-1996 where he served as Director of Postdoctoral Training in Clinical Neuropsychology. 

Dr. Binder has authored and co-authored papers and book chapters on many topics including assessment of effort and malingering, mild traumatic brain injury outcome, and medically unexplained symptoms including psychogenic nonepileptic seizures.  He currently participates in research at the Portland VA Medical Center on the effects of blast injuries.   In 2010 he received the Nelson Butters Award from NAN for the best research paper published in theArchives of Clinical Neuropsychologythe previous year.    He has served as a member of the editorial boards of several journals.

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Contemporary Ethical Considerations in Forensic Neuropsychology: Practical Perspectives from a Neuropsychologist and a Lawyer

2.5 CE Credits

Presented by:
Scott D. Bender, Ph.D.
Associate Professor of Psychiatry & Neurobehavioral Science
University of Virginia School of Medicine 

Audra M. Dickens
Director, McCandlish Holton, PC

For forensic neuropsychologists, “staying ahead of the curve” includes staying abreast of ethical standards most relevant to the adjudicative setting. While the standards themselves tend not to change radically, the number of situations involving an ethical issue is daunting and there are multiple evolving pitfalls to the ethical practice of forensic neuropsychology. Simple formulaic solutions are neither forthcoming nor reasonable to expect. Rather, guiding principles derived from both empirical research and experience are needed. In this presentation, we will discuss some of these principles and experiences, and provide several practical examples for the contemporary neuropsychologist to use to recognize and manage ethical challenges. We will examine ethically-informed sources of authority and will discuss the meaning of a “forensically competent neuropsychologist.” We will review ways to recognize the potential sources and impact of incentives and bias in forensic work and provide examples of conflicts associated with multiple relationships. In addition, attendees will discuss the pros and cons of third-party observers in neuropsychological evaluations (a topic almost certain to generate some debate), and consider best practices for ethically communicating PVT and SVT findings to the court. Other topics involve the role of the attorney in editing and/or communicating your findings to the court, releasing raw data and protocols, and contemporary issues related to the internet and social media. The talk will be co-presented by an attorney who brings valuable perspectives from the law to the discussion. It will take an interactive format, allowing attendees to problem-solve through vignettes and promoting opportunities to share their own experiences.


After the webinar, participants will be able to:

  1. Identify the most pertinent sources of authority, define a “forensically competent neuropsychologist,” and recognize potential conflicts in multiple relationships.
  2. Critique and describe the pros and cons of third-party observers in neuropsychological evaluations, discuss methods of ethically communicating PVT and SVT findings to the court, and identify ways of managing their own vulnerabilities to cognitive bias.
  3. Describe the role of the attorney in editing and/or communicating neuropsychological findings to the court (e.g., designations, affidavits).
  4. Ethically release raw data and protocols, and demonstrate ethical use of social media.
  5. Describe the goals and perspectives of attorneys working with expert witnesses.

Target Audience: Neuropsychologists at all career levels 
 
Instructional Level: Intermediate

Scott D. Bender is a board-certified clinical neuropsychologist (ABPP-CN) and is Associate Professor of Psychiatry & Neurobehavioral Science at the University of Virginia School of Medicine. He obtained his Ph.D. at the University of North Texas where he began his studies of malingering detection under the mentorship of Richard Rogers, Ph.D. After completing his internship in clinical neuropsychology at Yale School of Medicine in 2000, Dr. Bender completed his postdoctoral fellowship in neuropsychology in the department of Neurology at the University of Virginia. He joined the UVA department of Psychiatry faculty in 2002 and has been with the Department’s Institute of Law, Psychiatry & Public Policy since 2005. His primary duties include conducting clinical and forensic neuropsychological evaluations, teaching, and publishing manuscripts. His areas of research involve differential diagnosis of malingering and the effects of traumatic brain injury (particularly mild TBI) on neurocognitive and emotional functioning. He has authored multiple published manuscripts, articles, and chapters in these areas, and recently co-edited the 4th edition of Clinical Assessment of Malingering and Deception.

 
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Ethical Considerations in Cultural Neuropsychology: What Every Practitioner Needs to Know

1.5 CE Credits

Presented by:
April D. Thames, Ph.D.
Assistant Professor-in-Residence | Wilder Scholar in Neuropsychology
Director, Social Neuroscience in Health Psychology (SNIHP) Lab
Department of Psychiatry and Biobehavioral Sciences
University of California Los Angeles

This course is designed to provide an overview of ethical principles and conduct that are tailored to the specialty practice of cultural neuropsychology. Participants will gain knowledge of the key ethical issues/dilemmas that are likely to emerge in the professional practice of neuropsychology when working with diverse populations. Culturally diverse populations will include those with Limited English Proficiency (LEP) as well as those from educationally and socioeconomically disadvantaged backgrounds. This course will provide participants with an opportunity to enhance their own professional competency by developing problem-solving skills which reflect the application of ethics.  Practical examples of dilemmas and solutions will be discussed to aid practitioners in performing culturally informed neuropsychological evaluations.

 After the webinar, participants will be able to:

  1. List the legal and ethical principles that govern professional practice in the specialty of cultural neuropsychology.
  2. Explain how to apply these ethical principles to relevant legislation and codes of professional conduct concerning such issues as confidentiality, informed consent, freedom of information, and intra- and inter-professional relationships and responsibilities.
  3. Summarize the key intercultural and ethnic issues that impact neuropsychological practice.
  4. Identify and describe ways to achieve professional competence in performing culturally informed neuropsychological evaluations.

Target Audience: Practicing neuropsychologists and psychologists; pre-doctoral and postdoctoral neuropsychology trainees

Instructional Level: Intermediate to Advanced

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Ethics, Stroke, and Neuropsychology

1.5 CE Credits

Presented by:
Thomas R. Kerkhoff, Ph.D., ABPP/RP
Board Certified Rehabilitation Psychologist
Clinical Professor (retired)
University of Florida
Dept. Clinical & Health Psychology

The webinar will consist of the following content. In the first portion of the course participants will review the APA Ethics Code principles and standards as they relate to the clinical scenario fact-finding exercises that will follow. The second portion of the course will focus upon explication of an ethics decision-making model developed by Dr. Kerkhoff and his colleagues at University of Florida. This model has been extensively field-tested in varied health care settings, and has proven to provide an efficient and effective organizational framework by which to guide discussions regarding resolving ethical challenges. The third and final portion of the course will involve clinical scenarios relevant to ethical issues in the CVA population.  This portion of the course will serve to illustrate the applied nature of ethical discourse in the health care environment.    

After the webinar, participants will be able to:

  1. Demonstrate understanding of relevant APA Ethics Code (2010) principles and standards as applied to clinical practice in a post-stroke population.
  2. Explain an identified applied decision making model in applied ethics.
  3. Apply working knowledge of ethical principles and standards to clinical case examples.  

Target Audience: This applied webinar is applicable to clinicians and academic psychologists at the intermediate and advanced levels of experience.  The content will assist in operationalizing applied ethics in everyday practice and in teaching settings.

Instructional Level:
 Intermediate

About Thomas R. Kerkhoff, Ph.D., ABPP/RP 
 
Dr. Kerkhoff has regularly published in the area of applied ethics across the past 15 years, since joining the University of Florida faculty. He, Dr. Stephanie Hanson and Dr. Lester Butt have co-authored articles, book chapters and 2 clinical casebooks in the area of applied ethics focused upon the specialties of Rehabilitation, Neuropsychology and Health psychology. He recently won the APA Division 22 Distinguished Career award celebrating his 37 years in rehabilitation as a clinician, mentor, teacher and academic. He has presented numerous regional and national continuing education workshops, and continues to serve as a program surveyor/site visitor for APA Committee on Accreditation and the Florida Department of Health. Since retiring in 2014, Dr. Kerkhoff maintains an active professional life, contributing textbook chapters, peer mentoring and serves as Vice President of the American Board of Rehabilitation Psychology.

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Forensic Neuropsychological Assessment of Non-English Speakers: What Do We Know and What Do We Still Need to Know?

1.5 CE Credits

Paola Suarez, Ph.D.
Diomaris Safi Psy.D
Tedd Judd, Ph.D.
Xavier Cagigas, Ph.D.
Marcel Ponton, Ph.D.
Adriana Strutt, Ph.D. 

The papers in this symposium focus on current forensic neuropsychological practice with non-English speakers, offering perspectives on: 1) ethical and foundational guidance; 2) professional considerations; 3) determining competency to take a case; and 4) distinctive issues in Civil and Forensic cases.  Specific papers will include:
- Ethical foundations and guidance, language assessment, and interpreter use skills
- Deciding whether to take a case
- Performance Validity Testing of Non-English Speakers 
- Civil litigation: Distinctive Issues  
- Criminal work: Distinctive Issues

After the session, participants will be able to:
1. Describe the major professional ethics concerning forensic neuropsychological assessment of non-English speakers.
2. Apply a knowledge framework to detect suboptimal effort on cognitive testing when assessing non-English speakers.
3. Determine when is it justifiable to assess a non-English speaker utilizing an interpreter.
4. Identify the unique factors that might increase the risk of misdiagnosing defendants with intellectual disabilities in criminal cases.

Target Audience: Neuropsychologists and trainees
Instructional Level: Intermediate
 
Paola Suarez, Ph.D,
  Clinical Assistant Professor of Psychiatry & Biobehavioral Sciences, serves as an important member of the HNCE in her role as Co-director of the Cultural Neuropsychology Program. For the past two years, Dr. Suarez has served as a faculty member in the UCLA Department of Psychiatry and as Associate Director of the Cultural Neuropsychology Initiative. She was recently elected Chair of the Culture and Diversity Committee of the National Academy of Neuropsychology.

Diomaris Safi Psy.D,  is a licensed psychologist specializing in neuropsychology and forensic evaluations. She is fully bilingual in English and Spanish. Dr. Safi has extensive experience in administering neuropsychological tests, diagnosing and treating various psychological conditions, and providing case consultation.

Tedd Judd, PhD, ABPP-CN, is cross-cultural clinical and forensic neuropsychologist and consultant with 40 years of experience. He has evaluated clients from about 90 countries and has taught neuropsychology in 25 countries. He is Past President of the Hispanic Neuropsychological Society and a Certified Hispanic Mental Health Specialist. He teaches a practicum in non-English cross-cultural psychology. He is the academic co-director of Central America’s first Master’s degree in neuropsychology at the Universidad del Valle, Guatemala. He is board certified in neuropsychology and a Fellow of the National Academy of Neuropsychology. He offers criminal and civil forensic neuropsychology services. He also offers multicultural consultation, training, and mentoring to other professionals and institutions. He has published one book and over 20 book chapters and articles.

Xavier Cagigas, Ph.D. serves as Associate Director of the HNCE and Co-director of the Cultural Neuropsychology Program. Dr. Cagigas is the Founding Director of the UCLA Cultural Neuropsychology Initiative, Clinical Assistant Professor of Psychiatry & Biobehavioral Sciences, the former Director of Clinical Services & Training of the UCLA Medical Psychology Assessment Center (MPAC), and Immediate-Past President of the Hispanic Neuropsychological Society. 

Marcel Ponton, Ph.D. is an Associate Clinical Professor in the Department of Psychiatry and Biobehavioral Sciences at UCLA. He has led various clinics and services for the County of Los Angeles through Harbor UCLA for over two decades. Currently, he serves at Olive View Medical Center where he trains pre-doctoral and post-doctoral students.  He is the author of multiple peer-reviewed articles and the co-author of two books in the area of cross-cultural neuropsychological assessment. He is a Fellow of the National Academy of Neuropsychology and the Founding President of the Hispanic Neuropsychological Society. He has been working in the field of head injury assessment and treatment for the past 30 years. He is the Clinical Director of Persona Neurobehavior Group in Pasadena where he focuses on the assessment and treatment of head injury patients. He consults with multiple rehabilitation hospitals in Southern California and he serves as an expert witness in medicolegal matters.  

Adriana Strutt, Ph.D.,
Associate Professor, Neurology and Psychiatry and Behavioral Sciences, Baylor College of Medicine.   

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Civil Capacities in Neuropsychological Assessment

1.5 CE Credits

Presented by:
Freeman M. Chakara, Psy.D.
Clinical Neuropsychologist
Providence Behavioral Health

Psychologists in general, and neuropsychologists in particular, tend to be well trained in assessing cognitive and emotional functioning across the life span. Various specialties within psychology have further established best practice standards within their respective fields: neuropsychology, forensic psychology, geropsychology, etc. In spite of considerable developments and improvements in assessment as reflected by these best practice standards, the area of capacity/competence evaluation remains nascent in development. The purpose of this webinar is to introduce neuropsychologists, postdoctoral fellows, and graduate students to basic principles in assessing civil capacities. Further, simple clinical vignettes will be reviewed to illustrate those types of civil capacities one may encounter in clinical practice. The role of comprehensive neuropsychological assessment, with a focus on capacity questions, will be addressed toward expanding the scope of clinical services to benefit patients and fellow professionals in the context within which we practice. 

After the webinar, participants will be able to:

  1. Identify the five legal standards utilized in determining capacity.
  2. Apply appropriate ethical principles and best practice standards in conducting civil capacity evaluations.
  3. Explain the rationale underlying those assessment procedures utilized in capacity evaluations.
  4. Identify key challenges in capacity evaluations, and discuss benefits of engaging in such evaluations.

Target Audience: Psychologists, Neuropsychologists, Postdoctoral Fellows, & Graduate Students 

Instructional Level: Introductory

About Freeman M. Chakara, Psy.D.
Dr. Chakara is a clinical neuropsychologist who has been in private practice since 2002. In 2000 he earned a PsyD in Clinical Psychology, with a concentration in Neuropsychology, from Widener University. He completed a neuropsychology internship at Lancaster General Hospital’s NeuroCenter under the auspices of Widener University. He then completed a two year postdoctoral Fellowship at Pennsylvania State University’s Hershey Medical Center.  In 2007 he earned board certification with the American Board of Neuropsychology, and in 2011 he was board certified with the American Board of Professional Psychology – Clinical Neuropsychology. In addition to publishing in neuropsychology, Dr. Chakara’s clinical practice entails working with neurologically compromised patients across the lifespan. Within clinical work, he is often consulted to provide Civil Capacity Evaluations. 

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Ethical Pitfalls in Forensic Neuropsychology 

2 CE Credits


Presented by:
Doug Johnson-Greene, PhD., MPH, ABPP
Professor and Vice Chairman, Dept. of Physical Medicine and Rehabilitation
Univ. of Miami-Miller School of Medicine

It is a common misnomer that ethical principles for neuropsychologists are only applicable within a clinical context.  While the goals of forensic neuropsychology are vastly different compared to clinical neuropsychology, many of the same ethical principles apply.  Moreover, most of the common ethical quandaries in neuropsychology actually emanate from the forensic arena, such as issues of competence, disclosure of raw data, and others.  This presentation will seek to review which ethical principles are applicable in forensic neuropsychology, how ethics differ from laws, the role that neuropsychologists should play in the forensic arena, and the types of cases that may give rise to ethical considerations.  We will consider common ethical quandaries that lead to complaints, and how to mitigate and manage ethical issues within the forensic neuropsychology arena.  Suggestions for individual practice modification will be considered for neuropsychologists who are seeking to expand or modify their practice to include forensic activities.

After the webinar, participants will be able to:
1. Review the ethical principles that are associated with forensic neuropsychology. 
2. Describe common threats to ethical practice in clinical neuropsychology. 
3. Understand approaches for potential ethical quandaries in forensic neuropsychology.
4. Increase knowledge to proactively and retroactively mitigate ethical complaints.

Target Audience:  Neuropsychologists who are engaged in forensic activities or are considering doing so.

Instructional Level: Introductory

Doug Johnson-Greene, Ph.D., MPH, ABPP is a rehabilitation psychologist and neuropsychologist who has been practicing for over 20 years in academic medical centers.  He joined the faculty at the University of Miami School of Medicine in 2009 after spending 13 years on the faculty of the Hopkins University School of Medicine.  He is currently a tenured Professor, Director of Neuropsychology and Rehabilitation Psychology, and Associate Vice-Chairman of Physical Medicine and Rehabilitation and the University of Miami - Miller School of Medicine.  

He received his doctorate in 1993 from the University of Mississippi, completed his internship at the Portland VA and Oregon Health Sciences University, and completed postdoctoral training at the University of Michigan in 1996.  He is board certified in Clinical Psychology, Rehabilitation Psychology, and Clinical Neuropsychology by the American Board of Professional Psychology.  He is a Fellow of the American Psychological Association (Divisions 12, 22, 40, and 50), the American Academy of Clinical Neuropsychology, and the National Academy of Neuropsychology.  

In addition to his clinical practice he has a long-standing commitment to training and has trained over 80 students and postdoctoral fellows during his career.   He has received grant funding from NIH, DOD, and National Institute of Disability Research and Rehabilitation (NIDRR) and has over 100 research publications. He previously served as the Director and Principle Investigator for the South Florida Traumatic Brain Injury Model System (SF-TBIMS) one of 16 TBI Model System programs sponsored by the Department of Education.  In addition to training and research activities, he has served in numerous national professional leadership roles over the past 20 years for grant review panels, journals, and national organizations such as the Board of Directors for the American Academy of Clinical Neuropsychology, the executive committee of the Society of clinical Neuropsychology, and the editorial board of the journals the Rehabilitation Psychologist, The Archives of Clinical Neuropsychology,  and The Clinical Neuropsychologist.  He is currently President of the Society of Clinical Neuropsychology (SCN), which represents the largest group of neuropsychologists in North America.


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Orientation to the Legal Profession: A Primer on the Consulting Relationship

1.5 CE Credits

Presented by:
Paul M. Kaufmann, J.D., Ph.D., ABPP
University Compliance Officer, University of Arizona, Office of Provost, Tucson, AZ
Chair, President’s Strategic Enterprise Risk Intelligence and Compliance Committees

Clinical neuropsychologists accept more forensic referrals now and spend more time in forensic consulting than ever before.  Recent surveys show weekly hours devoted to forensic consulting increased 97% in the past decade.  When assuming forensic roles, psychologists have an ethical obligation to be reasonably familiar with the rules governing those roles.  This webinar provides an orientation to the legal profession and an introduction to legal reasoning.  Participants will learn about rules of evidence and key court decisions that govern neuropsychologist experts.  Case experience and materials are used to show how expert opinions must be: 1) based on sufficient facts or data; 2) the product of reliable principles and methods; and 3) appropriately applied to the facts of the case. This webinar illustrates principles of effective attorney-neuropsychologist interactions and increases courtroom familiarity, concluding with suggestions about how to manage risks associated with a forensic consulting practice.

After the webinar, participants will be able to:

  1. Describe the basic framework for advocacy, candor, and reasoning in the legal profession.
  2. Develop and implement effective neuropsychologist-attorney interactions.
  3. Discuss and apply rules of evidence and key court cases to enhance forensic reports, formulations, and expert testimony.
  4. Identify and manage ethical dilemmas, legal requirements, and practice risks associated with forensic consulting.

Target Audience: Early- to late-career clinical neuropsychologists and clinical psychologists who are interested in beginning or expanding a forensic consulting practice.

Instructional Level: Intermediate, although the legal concepts and rules are introductory and intended for an audience that is not familiar with the legal profession.

About Paul M. Kaufmann, J.D., Ph.D., ABPP
Dr. Kaufmann is a licensed clinical psychologist, attorney, and board-certified clinical neuropsychologist, who operates a multi-state private practice in forensic consultation emphasizing pediatric neuropsychology.  He completed his Doctoral Degree at the University of Houston in 1988 with Dr. Jack Fletcher as his chair.  In 1990, he completed a two year Post-Doctoral Fellowship at the Child Study Center - Yale University School of Medicine.  Throughout his training and professional career as a neuropsychologist, Dr. Kaufmann has consulted on over one hundred legal cases.  He is an active consultant in administrative, criminal, and civil litigation.  During his career, he has held chief executive positions in both the public and private sector. He has sixteen years of faculty experience at major medical schools in KY, IL and AZ.  Dr. Kaufmann was the founding Director of the University of Arizona Pediatric Neuropsychology Clinic in the Department of Pediatrics at the University Medical Center.  From 1998 – 2002, Dr. Kaufmann was the Hospital Administrator at the Clyde L. Choate Mental Health and Developmental Center, while also a faculty member at Southern Illinois University School of Medicine.  In 2005, Dr. Kaufmann completed his law degree at Southern Illinois University School of Law.  He began his law career on the faculty of the University of Nebraska Law – Psychology program, but quickly transitioned to the full time practice of law.  As a health law attorney, Dr. Kaufmann represented the Nebraska Department of Health and Human Services Divisions of Behavioral Health, Public Health, Developmental Disabilities, and Veterans Homes in administrative hearings, trials, and appeals, as a Special Assistant Attorney General of Nebraska.  He has argued cases before appellate courts, including a case of first impression on the scope of HIPAA before the Nebraska Supreme Court.  He also served as an attorney for the University of Oregon General Counsel.  Dr. Kaufmann maintains active scholarship in research, publication, and consultation on legal problems confronting neuropsychologists. He has published numerous book chapters, peer-reviewed scientific research articles, and legal commentaries, most recently addressing the use of neuropsychological evidence in court and the scope of neuropsychologist expertise.  In 2013, Dr. Kaufmann completed a term as Member-At-Large of the American Academy of Clinical Neuropsychology Board of Directors and he has subsequently served as pro bono Counsel for NFL concussion litigation.  Currently, Dr. Kaufmann serves as the University Compliance Officer at the University of Arizona. 

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Starting a Civil Forensic Practice: Practical Guidelines and Ethical Considerations

2 CE Credits

Presented by:
Michael R. Villanueva, Psy.D.
Southern Oregon Neuropsychological Clinic, LLC

This webinar will address starting forensic work within the context of an already established clinical practice. We will discuss the importance of maintaining a clear separation between forensic and clinical evaluations.  Though forensic and clinical evaluations have much in common, there are a few areas of distinction that are critical for the clinician to consider. The language of a forensic report may be unfamiliar to many clinicians, and we will discuss such terms as “limitations” and “restrictions.”  In addition, we will define levels of certainty, such as "more likely than not," that are often required of the forensic examiner. The webinar focuses on independent medical examinations (IME) and file reviews.  In addition, the presentation will cover ethical considerations such as "dual roles" that are important for the clinician to consider when maintaining both a clinical and forensic practice. We will also discuss the importance of making statements that are objective, verifiable, and remain within the limitations of the information available.  This webinar does not offer marketing advice, but rather provides the clinician thinking of entering the forensic realm with tools to navigate new territory and successfully meet exciting challenges.

After the webinar, participants will be able to:

  1. Distinguish between a clinical and a forensic referral.
  2. List key points to discuss with the claimant prior to an IME.
  3. List and discuss primary ethical considerations when conducting IME’s and file reviews.
  4. Outline ways of approaching typical challenges such as third-party observers, release of raw data, prospective test selection by a third-party, and demands to reveal test lists in advance.
  5. List and describe examples of effective forensic report-writing.

Target Audience: Licensed neuropsychologists presently engaged in clinical practice who desire to make civil forensic referrals a part of their professional work.

Instructional Level: Introductory

Michael R. Villanueva, Psy.D. is board-certified in clinical neuropsychology (ABPP-CN).  He has his clinical practice in southern Oregon where he evaluates patients by physician referral for condition such as dementia, traumatic brain injury, stroke, and MS. In addition to clinical work, Dr. Villanueva also accepts forensic referrals, primarily independent medical examinations and file reviews. Dr. Villanueva brings a unique perspective to the issue of clinical and forensic work, being a clinician in a small community which brings about challenges pertinent to dual role, and challenges in building a forensic practice from a small potential pool of referrals.

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Pragmatic Clinical Ethics in Caring for Patients in the Borderland between Neurology and Psychiatry

1.5 CE Credits

Presented by:
Cynthia S. Kubu, Ph.D.
Professor of Medicine
Cleveland Clinic Lerner College of Medicine

Neuropsychologists frequently encounter patients who fall in the borderland between psychiatry and neurology. These patients can present unique ethical challenges to the clinician. The goals of this course are to present an ethical framework to assist clinicians who work with these challenging patients and provide pragmatic tips, based on the sciences and the humanities, that have been successful in helping these patients. Finally, the course will touch on the larger ethical question of providing services to various patient groups in the context of limited resources.

After the webinar, participants will be able to:

  1. Discuss key ethical values in conflict when working with patients who present in the borderland between neurology and psychiatry.
  2. Identify the basic components of the dorsal and ventral tiers and explain how they are related to the neurobiology of stress.
  3. Describe the importance of narrative in working with patients.

Target Audience: Clinical neuropsychologists providing services to diverse adult patients

Instructional Level: Intermediate (basic knowledge of functional neuroanatomy)

Cynthia S. Kubu, Ph.D. is a Staff Neuropsychologist in the Center for Neurological Restoration at Cleveland Clinic. Her clinical and research interests include neuropsychological assessment in neurosurgical treatment for epilepsy, movement and psychiatric disorders; neuropsychiatry; acquired brain injury; dementia; and neuroethics.

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Testimony that Sticks: Developing a Direct, Engaging Relationship with Jurors

1.5 CE Credits

 

Karen Postal, Ph.D., ABPP-CN
Clinical instructor, Harvard Medical School







This workshop shares the fruits of the Testimony That Sticks project – four years of in-depth interviews with seasoned forensic neuropsychologists and psychologists, as well as attorneys and judges. We will take a deep dive during this session in addressing how experts can develop a productive, direct relationship with jurors through person-centered credibility and engaging, accessible language, and maintain that relationship through cross examination. At its heart, the workshop is about disrupting the academic communication style learned in our years of scientific training that results in a net loss of our ability to communicate clearly and simply about the neuroscience we love. It is about shedding jargon, giving ourselves permission to allow emotion to creep back into our language, freeing up our body language, and using vivid, clear language to create moments of genuine, direct, and productive communication with jurors and other triers of fact.  

After the session, participants will be able to:
1. Revise their goals from explaining neuropsychological assessment results to engaging in a direct, unique, two-way communication with jurors. 
2. Distinguish person-centered credibility (how judges, attorneys, and jurors typically understand credibility) from methods-centered credibility (how academically trained experts understand credibility). 
3. Describe traditional academic communication patterns that prevent jurors from accessing our opinions and diminish our person-centered credibility.
4. Describe and use several disruptive communication strategies (including specific social pragmatics and vivid analogies/metaphors) on both direct and cross examination in order to enable moments of access and engagement with jurors.

Target Audience: Neuropsychologists and trainees
Instructional Level: Intermediate
 
Karen Postal is a past president of the American Academy of Clinical Neuropsychology. She is a clinical instructor at Harvard Medical school where she teaches postdoctoral fellows in neuropsychology. Her research focuses on improving communication about neuroscience with patients and the general public. She is the author of Feedback That Sticks: The Art of Communicating Neuropsychological Assessment Results and most recently, Testimony That Sticks: The Art of Communicating Psychology and Neuropsychology to Jurors. Dr. Postal also has a private practice dedicated to helping people think better in school, at work, and throughout later life.  (The real bio:  Karen Postal is a bit of a workaholic.  She has two teenage sons and an 11-year-old daughter who is setting the world on fire. She loves to run and recently took up the drums.)

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