Medical malpractice cases often involve the intersection of science, medicine and law. Experts for both the plaintiff and defendant frequently testify to their opinions regarding the cause of injuries or illnesses, without citing medical or scientific literature.
Frye v. U.S., 293 F. 1013 (DC 1923) and Parker v. Mobil Oil Corp., 7 N.Y.3d 434 (2006), and their progeny, allow scientific testimony as to causation to be challenged pursuant to the court’s “gatekeeper” function. The court has the power to prevent unreliable scientific testimony from potentially confusing unsuspecting jurors.
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