(Download) "Reese V. Stroh" by Supreme Court of Washington " Book PDF Kindle ePub Free
eBook details
- Title: Reese V. Stroh
- Author : Supreme Court of Washington
- Release Date : January 14, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
MADSEN, J. -- William and Frances Reese brought this medical malpractice action against Dr. James E. Stroh, Jr., alleging that he negligently failed to treat Mr. Reese's emphysema with a protein replacement therapy called Prolastin. The trial court excluded the Reeses' expert medical witness' opinion testimony regarding causation as lacking sufficient foundation to go to the jury. The Court of Appeals reversed, holding such testimony should be evaluated under the test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., U.S., , 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993). We affirm that reversal, though under an analysis considerably different from that of the court of appeals.