Recently, the Georgia Court of Appeals affirmed a directed verdict based onDaubert principles in a shoulder dystocia case.Hawkins v. OB-GYN Associates, P.A., 2008 WL 820723 (Ga.Ct. App.
Problems with Causation Testimony
Recently, the Georgia Court of Appeals affirmed a directed verdict based on <i>Daubert</i> principles in a shoulder dystocia case. The court reasoned that the expert's testimony was 'unreliable' because of improper use of the 'differential diagnosis' method and the fact that he made unsupported leaps from assumed facts to conclusions without evidentiary or medical/scientific support. Here's an analysis of the court's thinking.
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