Evidence

July 23rd, 2019 by Rieders Travis in Evidence

EVIDENCE-EXPERTS-REASONABLE DEGREE OF MEDICAL CERTAINTY This case raised an issue which often comes up and that is whether a doctor testifies to a reasonable degree of medical certainty. The court went through his testimony in great detail.  A medical opinion only needs demonstrate with a reasonable degree of medical certainty that Defendant’s conduct increased the risk of harm sustained.  It is then up to a jury to determine substantial factor.  This case involved DVT in patients who are immobile after surgery.  The doctor works in Boston and he explained he is accustomed to offering opinions as “more likely than not.”  That is a Massachusetts standard.  He testified that “more likely than not” and “reasonable degree of medical certainty” mean the same thing to him.  He testified in great detail that he believed there was a cause and effect relationship.  He said that he held his opinion to a reasonable degree of medical certainty.  He said decedent’s survival was more likely than not had he been treated properly.  The doctor said that he was “quite certain” that his opinions were correct.  The court said this case was similar to Vicari.  Dr.…