Saturday, July 16, 2005

First Circuit Upholds Testimony from Life-Care Planner

The First Circuit has published an opinion upholding the trial testimony of a life-care planner on future medical costs, in a malpractice case involving severe neurological damage to the infant. See Rivera v. Turabo Med. Ctr. P'ship, No. 04-2494 (1st Cir. July 15, 2005) (Lynch, Lipez, & Howard, JJ.).


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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.