Sentences with phrase «opinions on the causation»

Do Not Let Defendants Exclude Your Medical Experts» Opinions on Causation, Consumer Attorneys of California's Forum Magazine, September 2004

Dr. Farine, a defence expert tried to base his expert opinion on causation on some of the expert findings from the first trial.

These opinions on the causation issue were based on various facts, including Mrs. Cahoon's descriptions of her injuries and the dynamics of the collision.

Not exact matches

In conclusion, there seems to emerge from the Opinion of the AG Saugmandsgaard ØE a narrower interpretation of the State resources criterion, based on the commitment of public resources and causation / remoteness.

Torts — Negligence — Medical malpractice — Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 Causation — Trial judge finding respondent obstetrician liable for applicant infant's injuries — Whether, under principles described in Snell v. Farrell, [1990] 2 S.C.R. 311, it is open for a trier of fact to find causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation by drawing an inference based on all the evidence led at trial, notwithstanding the fact that the defence has led some evidence to the contrary — Whether, in an informed consent case, the causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 causation issue is decided in accordance with the majority or the minority opinions of the House of Lords in Chester v Afshar, [2005] 1 A.C. 134.

These reports consist of expert witnesses offering their professional opinions on a variety of issues, including causation, severity of injuries, diagnosis, and permanence of injuries.

The plaintiff's expert's evidence was criticized because: 1) he didn't review the entire file, just what the plaintiff provided to him; 2) his opinion was formed with the benefit of hindsight; 3) he gave evidence as to causation of the plaintiff's loss, based on what the motions judge might have done had H proceeded differently, which is impermissible.

The article covers how a judge in the U.S. District Court in Connecticut excluded the plaintiff's medical causation expert on Daubert grounds after finding insufficient evidence of the plaintiff's exposure to the drug, which was necessary to support the expert's opinion on specific causation.

You should not make any formal statements about fault, causation, or your opinion on what happened.

To be useful an opinion must be more than a conclusory assertion on causation.

However, his opinion with respect to causation is based to a large extent on incorrect and incomplete information.

As above, Dr. Winston's opinion is broadly consistent with this at least on the initial causation issue (but he is very skeptical about any ongoing impairment).

For example, Feldman analyzed the quality of Supreme Court merits briefs using a composite of features such as passivity, wordiness, sentence length, and tone.63 He found that brief readability was positively associated with the percentage of brief language adopted in the opinion and that the association was highly significant.64 Similarly, Collins et al. analyzed the «cognitive clarity» and plain language of Supreme Court amicus briefs.65 They measured cognitive clarity using the dictionary - based Linguistic Inquiry and Word Count program (LIWC), which relied on an index of categories that relate to cognitive clarity such as «causation, insight, discrepancy, inhibition, tentativeness, certainty, exclusiveness, inclusiveness, negations, and the percentage of words containing six or more letters.»

Upon learning that Freeman intended to disclose an additional or new medical expert witness to offer opinions on the issue of causation, Dr. Crays» lawyers moved to adopt the rulings from the earlier case and bar any testimony of plaintiff's newly disclosed expert opinion pursuant to Illinois Supreme Court Rule 219 (e).

If the treating physician has an expert report submitted on their behalf, the treating physician may testify as a retained expert about matters that go beyond treatment and diagnosis, such as opinions related to causation.

The Court decided the trial judge had carefully weighed the evidence as a whole, including the statistical evidence, the evidence specific to the Plaintiff, and the three expert opinions, all of which involved some speculation and held that she made no palpable and overriding error in finding that the plaintiff had failed to establish causation on a balance of probabilities:

In all investigations of fatal / serious road traffic collisions where there is no exact data or information as to the collision circumstances for example CCTV of the movement of the vehicles, it always comes down to the opinion of the collision investigator on consideration of all of the available evidence as to the causation of the material road traffic collision.