Law Updates


Court Holds Doctor’s Differential Diagnosis Was Improperly Admitted Into Evidence

Mariam Toraish v. James Jay Lee, No. 160495 (April 13, 2017) Supreme Court of Virginia. View pdf.

(May 3, 2017) Julia L. Houp, Law Clerk.

For more information, contact Stephen S. McCloskey

Supreme Court of Virginia found that the trial court abused its discretion by admitting the expert testimony of a medical doctor’s differential diagnosis into evidence, which was founded upon an assumption that was not established during trial. The court ruled that the medical doctor improperly excluded a possible cause of death when providing his differential diagnosis.

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