Legal Opinion

Frankel v. Deane

Court of Appeals of Maryland

Decided August 25, 2022No. 43/21Published

1Opinion of the Court

Bennett Frankel, et al. v. Casey Lou Deane, No. 43, September Term, 2021. Opinion by Gould, J. EXPERT TESTIMONY – MEDICAL MALPRACTICE The trial court’s admission or exclusion of expert medical testimony is reviewed on an abuse of discretion standard. When assessing the admissibility of such testimony, the court may not resolve disputed material facts or witness credibility issues; such issues are for the jury to decide. The court abuses its discretion when it excludes testimony based on the court’s factual determinations on genuinely disputed issues. EXPERT TESTIMONY – MEDICAL MALPRACTICE…

2Cases cited25 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  3. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. Griffith v. KentuckySupreme Court of the United States · 1987
  5. Reed v. StateCourt of Appeals of Maryland · 1978

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