Thursday, March 22, 2007
Nebraska Supreme Court nixes requirement that medical experts invoke "magic words" when stating their opinions, affirms child abuse case from Madison county. Blog 702. From Daubert on the Web: do physician experts really "balk" at stating their opinions under oath as "with a reasonable degree of medical certainty?" Perhaps they shouldnt since most experts are used to testifying. Supreme Court affirms child abuse conviction against day care provider when an 18 month old child in her care suffers severe head injury, and according to the physician from shaken baby syndrome. "some experts have been known to balk, despite a high level of confidence in their opinions, because to their understanding, "certainty" connotes indubitability and does not come in "degrees." See State v. Kuehn, No. S-05-888 (Neb. Mar. 16, 2007).