New York Appellate Court Finds Lower Court Wrongly Permitted Expert Testimony Without Adequate Scientific Foundation; MSSNY & AMA Had Supported Case with Amicus
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The New York Appellate Division, 2d Department, ruled this week that a lower court erred in allowing a plaintiff’s expert witness to opine that premature birth causes autism, an error which led to a $2.25 million jury verdict in favor of the plaintiff against the defendant physician. As a result of the Appellate Court determination in favor of the defendants, the case Terehoff v Frenkel has been remanded back to the lower court for a new trial.
This is one of the numerous cases in which the MSSNY and many other state medical associations working together with AMA’s Litigation Center have submitted an amicus brief to support physicians and our healthcare system. The cases where they submit amicus briefs includes not also challenging wrongly-reached medical liability court decisions, but also ensuring fair health insurance payment, protecting against scope creep and protecting our public health. Here is a link to some more recent activities by the AMA Medical Litigation Center.
