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Medical Causation

Successfully Facing The Daubert Challenge

Dr. Brautbar is a practicing physician who is sometimes called upon to get involved in cases which represent the new and cutting-edge medical toxicology. As all pioneers, "casualties" from the "Daubert" legal maneuvers and other legal maneuvers do occur (see section on scientific evidence).Dr. Brautbar's testimony has been outmaneuvered based on "Daubert" and other "legal maneuvers" in estimated less than 6% of the cases.

With all due respect to the courts, Dr. Brautbar, as do the legal scholars and ample court decisions, believes that applying unrealistic causation standards is not doing justice to the medical profession. Indeed, this has been the position of leading medical scholars as well. ("Inconsistency in Evidentiary Standards for Medical Testimony, Disorder in the Courts" Kassirer JP, Cecil JS, JAMA, September 18, 2002, Vol 288, No. 11, p 1382-1387.) Indeed, many courts and scholars have been critical of these types of maneuvers. The most recent supreme court of North Carolina case (Holverton v. Arai Helmet, No. 282PA03, 358 NC, 440, 597, S.E. 2d G74) demonstrates the trouble the North Carolina Supreme Court had with the concept of asking a judge to be a scientist. "Few judges possess the academic credentials or the necessary experience and training in scientific disciplines to separate contemporary high quality, intricate scientific research from research that is flawed." In that same decision, the North Carolina Supreme Court said, "Those who predicted that trial judges would flex their gatekeeper muscles to exclude vast quantities of plaintiff's proposed expert causation opinion testimony in product liability cases have turned out to be right." The post-Daubert era can be described as the period of "strict scrutiny" of science by non-scientifically trained judges.

For example: Dr. Brautbar was one of the experts who was asked to teach the legal community who took on the tobacco companies at a time when these companies testified under oath "that nicotine is not addictive." (Florida, 1994.) Dr. Brautbar was teaching cutting-edge toxicology, and did this as a service pro bono at the time that nicotine addiction in cigarettes was cutting-edge toxicology and would have been probably out-"maneuvered" by a Daubert motion. Dr. Brautbar taught, wrote, and the rest is history.

Dr. Brautbar was the first treating physician to work with Erin Brockovich, cutting edge toxicology.

Dr. Brautbar is a board-certified internist and nephrologist, and certified in forensic medicine. If you are interested in retaining Dr. Brautbar for forensic and expert witness testimony services, please submit the Contact Form.

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