Daubert v. Merrell Dow Pharmaceutical Inc., 509 U.S. 579 (1993) is a well-known and often cited opinion issued from the United States Supreme Court concerning the rules and factors applicable to admitting expert scientific evidence in federal trial courts in the United States.
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This case is important in the series of expert evidence decisions related to the two-step admissibility analysis to clarify at what stage each of these issues might best be considered by the trial judge.
The decision to pursue a civil litigation lawsuit should only be done after careful consideration of the merits and risks involved and receiving legal advice on your options. Commencing the litigation process usually starts with the filing of a court document that names the parties to the lawsuit.
In a medical malpractice lawsuit, it is not enough to show that there was a bad outcome as a result of medical care or treatment. Not every mistake made by a medical professional constitutes negligence and is the basis for a successful lawsuit.
by Chris Wullum The Supreme Court of Canada in its decision, White Burgess Langille Inman v. Abbott and Haliburton, 2015 SCC 23, discussed the role
Clinical judgment is a form of defence that is frequently relied upon by physician defendants in medical malpractice cases.