10 Aug 2020

KTK wins Daubert motion allowing significant latitude to Life Care Plan expert

KTK’s client received a favorable ruling in an Order from the United States District Court for the District of Kansas denying several defendants’ Daubert motions regarding life care planner testimony in Morgan v. Wesley Medical Center, LLC. A Daubert motion is made during trial to exclude expert testimony based on the witness’s lack of credentials or expertise in an area under question. The judge in this case found our expert’s testimony should stand.

In her decision, Judge Vratil held, “Under defendants’ proposed standard, the Court should exclude an expert witness unless he is an expert on the cause to which he will testify and an expert on all other potential causes, even if those other causes involve entirely different fields of medical study. Defendants offer no authority for this unworkable standard, which would in all likelihood disqualify all medical causation experts.”

This decision by the court defines a standard for expert testimony that assists plaintiffs with life care plans who seek to have those plans introduced in court in medical malpractice and other cases. KTK is pleased with the court’s ruling that will help our client achieve justice in this case and will impact future cases throughout the state.

Memorandum & Order – Huckfeldt