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January 17, 2014 |

Precluding Med Mal 'Maternal Forces' Defense

Joseph Lichtenstein, the principal of the Law Offices of Joseph M. Lichtenstein, writes: For the most part, the testimony of experts concerning causation is well within the bounds of broadly accepted medical and scientific theory Such testimony is properly challenged through robust cross-examination and is not the subject of a Frye or Parker challenge. Nonetheless, the maternal forces of labor defense has recently been found to be scientifically unreliable by a number of courts in New York.
11 minute read
December 27, 2013 |

Medmal Theory Is Called Into Question

The "maternal forces of labor" theory used to explain a newborn child's injuries and defend doctors against malpractice claims has been rejected by a trial judge nearly two years after an upstate appellate panel discarded the premise on different grounds.
7 minute read

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