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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.

23 minute read May 29, 2008 at 07:23 AM
By
Eric J. Frisch
Problems with Causation Testimony

Recently, the Georgia Court of Appeals affirmed a directed verdict based on Daubert principles in a shoulder dystocia case. Hawkins v. OB-GYN Associates, P.A., 2008 WL 820723 (Ga.Ct. App. March 28, 2008).

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