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The broad issue here is differential diagnosis v. differential etiology. Basically, doctors should not testify as to how an injury occurred. Their expertise is limited to and so should their testimony be limited to diagnosing the injury. The opinion is very well written and provides a pretty good road map of how the lawyers attached the testimony. It has broad implications. Both the opinion and the filings are attached.
President Lisa Wayne's written statement to the Senate Commerce, Science, and Transportation Committee regarding advancing the science and use of forensics in criminal cases and investigations.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Respondents.
