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PubMed2004

Operationalizing the standard of medical care: uses and limitations of epidemiology to guide expert testimony in medical negligence allegations.

In most U.S. jurisdictions, jurors are instructed that physicians must use "the skill and care ordinarily provided in similar circumstances." A failure to do so is called malpractice. However, how is a lay juror to know what ordinary medical care is? From physician experts testifying about their experience? Given that individual recollections of experience are likely to be skewed in the direction which, in retrospect, is preferred (the "Monday Morning Quarterback" phenomenon), and that the database upon which they are drawn is likely to be small (at least when compared with what might be available elsewhere), idiosyncratic generalizations of medical expert witnesses are almost certainly fraught with potential inaccuracies. Statistical descriptions of standard medical practices, published in peer-reviewed journals whenever possible, would provide a necessary buffer for jurors specifically, and the public more generally, against the inevitable possibility that an individual expert's experience is skewed, or recollection faulty.

Epidemiology↗
PubMed1989

[Implementing ENT medical expert testimony in hit-and-run offenses].

The precondition to enforce a correct ENT hit-and-run expertise is knowledge of loudness and frequency of the noise of the bump. The exact anamnesis about type of car and noise production in the car such as air condition or radio helps the expert to calculate the background noise and the noise of the bump close by the ears of the driver. Measurements of the pure tone audiogram with additional wideband background noise simulating the calculated background noise in the car should be carried out in the defendant. Important is also the performance in frequency selectivity of the person indicted for hit-and-run offence. A reduction in frequency resolution proficiency reduces the loudness of the noise of bump.

Accidents, Traffic↗