Medical Journal Accused of Tilting Malpractice Verdict

, The National Law Journal


A federal appeals court is weighing whether medical malpractice plaintiffs who lost birth-injury cases in which the defense relied on a medical article the plaintiffs believe is false can sue the doctors who wrote it and the publishers.

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What's being said

  • Avon

    Although "publishing malpractice" may not exist, it's reckless to publish a story that brachial-plexus palsy can occur in childbirth without traction or obstruction. Science fiction (or is it science fantasy?) should not be permitted to infect civil justice. Whether or not suing the publisher is a viable remedy, our justice system needs a remedy for this kind of false expert evidence. Frye hearings are ill-suited to provide any reliable remedy for a systemic flaw like this.
    Hippocrates would be ashamed!

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