It should not hold fiduciary responsibility, and it must be able to demonstrate integrity of processes through quality control and quality audits. Patients should be able to choose among independent review programs. Informed consent, where patients buy into the process of carrying out a medical review before it is initiated, is essential. The standard was changed with Daubert v. Merrell-Dow Pharmaceuticals, in which Daubert won claims that birth defects were occurring in offspring of mothers who took Benedictin. Most times, scientific evidence is used to answer a question before the court.
Testing is important because it is at the heart of scientific methodology.
The court also will consider whether a theory has been published or is subject to peer review. Theories published in respected scientific journals have error rates published and their impact explained, and therefore favor admissibility. The use by the scientific community is still a potent form of proof of admissibility. However, scientific evidence based on experience or training may not be subject to the Daubert factors. Return to Contents Session 3.