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Effective Use of Evidence-Based Medicine to Challenge Causation Testimony
Medical experts testifying about causation in toxic tort, medical device, and pharmaceutical litigation frequently claim to base opinions upon a dispassionate review of the scientific literature, purporting to do the same analysis they perform in their clinical practices. But peeling back the fa'ade often reveals that they have done nothing of the kind. In fact, although many medical experts proclaim adherence to scientific methods and procedures adopted or endorsed by various organizations, cross-examination often reveals the falsity of that assertion. By contrasting the experts' litigation analysis to the analytical standards of their profession, a party can effectively challenge the admissibility of causation testimony.
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