Supreme Court of Maryland
Frankel v. Deane
August 25, 2022
Summary
The court held that the circuit court improperly excluded the plaintiff's expert testimony by resolving disputed facts, choosing between conflicting medical records and patient testimony, and interpreting medical literature without expert assistance. Expert testimony may use inferential reasoning to establish breach and causation when each inference is supported by expert testimony, and the plaintiff's experts' opinions were not inadmissible merely because one expert had not reviewed treating physicians' notes. The court directed further proceedings under the current expert-admissibility standard, before a different judge.