Can a jury at a medical malpractice trial select an expert's opinion solely for their assistance?
MultiRegion, United States of America
The following excerpt is from U.S. v. DiDomenico, 985 F.2d 1159 (2nd Cir. 1993):
Furthermore, "the jury can be instructed that the expert's opinion is solely for their assistance, and subject to their complete rejection if they consider it unreliable." United States v. Williams, 583 F.2d 1194, 1200 (2d Cir.1978), cert. denied, 439 U.S. 1117, 99 S.Ct. 1025, 59 L.Ed.2d 77 (1979).
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