Thursday, December 09, 2004

Eleventh Circuit Upholds Exclusion of Medmal Causation Testimony

The Eleventh Circuit has published an opinion upholding the trial court's exclusion of the plaintiff's causation evidence in a prisoner's medical malpractice case. The panel did hold, however, that the trial court erred when it ruled that the plaintiff's physician experts were not qualified to opine on nurses' duty of care. See McDowell v. Brown, No. 04-10272 (11th Cir. Dec. 8, 2004) (Edmondson, Fay, & Corrigan, JJ.).

posted by pn at 4:11 PM  

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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.