Monday, April 02, 2007

Plus Ca Change

Looks like West Virginia may be in for a round of medical malpractice "reform" agitation, probably targeting experts who testify outside their specialty -- perhaps via some "code of ethics." Leading the charge, apparently, will be a group of ordinary citizens, outraged over how the legal system has caused the ruination of American health care, spontaneously coming together in a grassroots campaign the usual suspects.



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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.