Monday, July 14, 2003

Why Medical Malpractice Suits Still Get Brought

The Legal Times has an interesting piece on medical malpractice reform. Headlined "Why Juries Turn Against Doctors," the article ventures that damage caps will just be a stopgap, until physicians recognize that plaintiffs' lawyers have managed to turn Daubert to advantage. (Registration required.)

posted by pn at 9:13 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.