In order to prove the value of future medical expenses, a physician must testify «to a reasonable
degree of medical certainty» that the victim will require specific future medical treatment.
Newkirk hired an expert witness, Dr. David Egilman, who testified that Newkirk «within a reasonable degree
of medical certainty developed lung disease as a result of inhaling flavors released by microwaved popcorn.»
The judge wrote: «There is another justification for the policy of excluding homosexuals from service in the United States Armed Forces... [F] ar and away the highest risk category for those who are HIV - positive, a population who will with a high degree
of medical certainty one day contract AIDS, is homosexual men.»
In medical malpractice cases in Georgia lawyers have traditional used the phrase «to a reasonable degree
of medical certainty.»
Expert testimony is inadmissible unless a competent expert testifies «to a reasonable degree
of medical certainty» that a given event caused the plaintiff's injuries.
The defendant also pointed to the witness» uses of the words «likely» and «possible» as failing to meet the reliability requirement under Daubert, since the statements were not expressed to a reasonable degree
of medical certainty.
If your provider can say this to a reasonable degree
of medical certainty or probability, your claim is much stronger with a higher likelihood of success.