New York appellate court relaxes Daubert tests on causation evidence
A relaxed standard for determining whether expert testimony should be allowed to establish causation in a medical malpractice case has been adopted by New York’s Appellate Division, 2nd Department. The judges cautioned against an overly demanding approach to expert testimony which could result in prematurely choking off valid claims. The appellate court ruled that the trial court had “too restrictively” applied the test formulated in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), for determining when expert testimony on a novel scientific issue should be permitted.
The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “SuperLawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).