Monday, July 25, 2005

Rhode Island Supreme Court Affirms Physician's Testimony on Cause of Infant's Multiple Fractures

The Rhode Island Supreme Court has upheld the admissibility under Daubert of an orthopedist's opinion that an infant's multiple fractures resulted from a medical condition, not parental neglect or abuse. See In re MacKenzie C., No. 2003-128 (R.I. Sup. Ct. July 18, 2005).


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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.