Free Initial Consultation with
Hawaii Attorney William H. Lawson
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Accident Lawyer Hawaii
William Lawson, Esq.
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
So-called "medical records reviews" by defense medical experts who review medical records but never examine the plaintiff have been found to NOT meet the admissibility requirements of Daubert. A Federal court in Virginia has ruled that a doctor's comments on a patient whom the doctor has never seen (1) evades meaningful testing, (2) eludes peer review, (3) has error rates which are incalculable and (4) fails the test of general acceptability. Diagnoses made simply by reviewing the notes of other doctors and considering tests and procedures which have been performed without the benefit of the patient's own words and a direct physical examination of the patient are simply too unreliable to allow such testimony in court. Hartwell v. Danek Medical, Inc., 47 F. Supp. 2d 703 (W.D. Va. 1999)
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