Friday, January 21, 2005

Compromise Brewing on Medmal Reform in Virginia

Our Virginia correspondent, Steve Minor, reports in his excellent Southwest Virginia Law Blog that compromise between lawyers and doctors threatens to break out on medical malpractice reform legislation. The elements of the proposed bill would include pre-filing claim screening, safe harbor for physician apologies, and review by the Board of Medicine for physicians with more than three malpractice claim payments within ten years. Steve also has a post on proposed legislation that would bring a more Daubert-like standard to Virginia.

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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.