United States Ninth Circuit

In excluding the proffered testimony of plaintiff's medical expert in this FTCA suit alleging medical malpractice, the district court misapprehended the evidence and applied an inappropriately rigid Daubert standard to medical expert testimony.

Appellate Information

• Argued 02/06/2004
• Decided 04/23/2004
• Published 04/23/2004

Judges

• NOONAN, Circuit Judge:, Before: NOONAN, THOMAS, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James McElroy, San Diego, CA, for the plaintiff-appellant.


• For Appellees:
  
• Carol C. Lam, United States Attorney, Richard Tolles, United States Attorney's Office, San Diego, CA, for the defendant-appellee.