#Legal Malpractice Attorneys

[hakiminjurylaw]

Beverly Hills Personal Injury Attorney: Your Path to Justice and Compensation

It may take a long time to recover from emotional and physical effects of accident. But with an expert lawyer you can easily get the rightful compensation and claim to cover your medical expenses and other needful things. Contact our Beverly Hills Personal Injury Attorney now! We at the Law Offices of Eslamboly Hakim proudly maximize our client’s compensation in every case.

[lawbyrhys]

The Crazy Shit My Non-Law Friends Say #2

I was speaking with a friend in the medical field about topics we learned during our respective educations and how we don't always utilize all the generalized information to the fullest extent in our specialized work. In an effort to relate to me in conversation while having no substantive understanding of law, he said the following:

"It’s like telling a malpractice lawyer to recite tort law."

Let's take a moment to appreciate the hilarity.

I replied with, "I'd sure hope a malpractice lawyer would be able to recite tort law since malpractice, aka professional negligence, is a tort." Of course, a chuckle was uttered in there, too. Any lawyers who deal with civil casework have to have a thorough understanding of tort law. Our personal injury friends continue to be the butt of the joke; I'll always defend you, though!

To my friends in the medical profession: Please make sure your understanding of the law and your legal duty of care responsibilities are in order. Otherwise, you may face malpractice, or negligence, suits, as well as come into your own harm if you don't know your legal right to refuse unsafe working conditions. Stay smart and safe!

[casefoxinc]

Planning Your Next Chapter: A Lawyer’s Guide to Retirement Preparation

Ready to transition from the courtroom to a well-deserved retirement? Our comprehensive guide helps lawyers navigate the journey to retirement with ease. From financial planning and investment strategies to lifestyle adjustments and maintaining a sense of purpose, discover the essential steps to ensure a smooth and fulfilling retirement. Start planning your next chapter today!

[mattersuite]

The Benefits of Legal Malpractice Insurance for Lawyers

Lawsuits can happen to anyone, even the best lawyers and attorneys. Legal malpractice insurance provides critical protection for your practice. Explore the benefits, from safeguarding assets to upholding client trust. Learn how to choose the right policy and avoid common pitfalls. Get insured, get empowered to focus on what matters: your clients.

[attorneysfirst]

Shielding Excellence: The Vital Role of Law Firm Malpractice Insurance

In the ever-evolving landscape of legal practice, law firms shoulder immense responsibilities while navigating intricate legal matters. However, the risk of facing malpractice claims is an inherent aspect of the profession, emphasizing the crucial need for Law Firm Malpractice Insurance.

Understanding Law Firm Malpractice Insurance

Law Firm Malpractice Insurance, a specialized form of professional liability coverage, is designed to safeguard law firms from the financial repercussions of legal malpractice claims. These claims can arise from various scenarios, including errors, omissions, or negligence in providing legal services. This insurance is an essential tool for risk management, ensuring that law firms can continue their operations even in the face of unforeseen challenges.

Comprehensive Coverage Features

Professional Liability Protection: The core of Law Firm Malpractice Insurance is professional liability coverage, offering financial protection in the event of claims related to errors, omissions, or negligent acts during legal representation.

Legal Defense Costs: Malpractice claims often lead to extensive legal expenses. This insurance covers the costs associated with defending the law firm against such claims, allowing firms to mount a robust defense without compromising their financial stability.

Settlements and Judgments: In instances where a malpractice claim results in a settlement or judgment, the insurance steps in to cover these financial obligations, preventing severe economic setbacks for the law firm.

Extended Reporting Period (ERP): Law Firm Malpractice Insurance typically includes an Extended Reporting Period, commonly known as "tail coverage." This feature enables the reporting of claims even after the policy expires, provided the incident occurred during the policy period.

Importance for Law Firms

For law firms of all sizes, from boutique practices to large multinational entities, Malpractice Insurance is a critical aspect of risk management. The nature of collaborative efforts within a firm and the potential for multiple attorneys working on a case heighten the importance of having a comprehensive insurance policy. It not only protects the firm's financial health but also upholds its professional reputation.

Conclusion

In the dynamic and challenging field of legal practice, law firms must proactively manage the risks associated with professional liability. Attorneys First Insurance stands as a bulwark against potential financial crises, ensuring that legal professionals can focus on delivering exceptional services without the constant specter of malpractice claims. It is not merely a safeguard; it is an indispensable investment in preserving the excellence and longevity of a law firm's reputation and success in the legal arena.

[thewestlawfirm]

In this article, we'll look at what constitutes medical malpractice and the indispensable role an attorney plays in proving your case.

[hakiminjurylaw]

Defending Your Rights: Legal Malpractice Attorneys on Your Side

Legal malpractice is one of the most costly situations that weakens the profession’s reputation. It involves negligence, breach of fiduciary duties, conflict of interest, and breach of contract. If you have suffered an enormous loss and are looking for a team of legal malpractice attorneys in Los Angeles, contact The Law Offices of Eslamboly Hakim today! Our team has been fighting for legal malpractice victims for over two decades.

[mfi-miami]

Florida Attorney Malpractice: Is It Malpractice Or Mistakes?

Florida Attorney Malpractice: When Do A Florida Lawyer’s Mistakes Constitute Malpractice? Potential clients ask MFI-Miami all the time about Florida Attorney Malpractice. Pissed off homeowners usually call and ask for help days before Sheriff’s Deputies are on their way to evict them. By that point, the homeowners only option is to rent a box up their belongings and rent a moving…

[davidjleonardlaw1]

If you ever have been misrepresented by the legal council in Pheonix then you can contact David J Leonard. They are expert witness attorney Tucson.  For more details and information you can give a call to them at 520-622-7737.

[qualityloveparadise]

Injury attorney san Antonio, USA 2023

An injury attorney in San Antonio, USA is a legal professional who specializes in handling cases related to personal injury. Personal injury cases can involve a variety of accidents or incidents, such as car accidents, workplace accidents, slip and fall accidents, medical malpractice, and more. The primary role of an injury attorney is to represent their clients in court and negotiate on their…

[justinspoliticalcorner]

Erin Reed at Erin In The Morning:

On Tuesday, Gov. Janet Mills of Maine signed LD 227, a sanctuary bill that protects transgender and abortion providers and patients from out-of-state prosecution, into law. With this action, Maine becomes the 16th state to explicitly protect transgender and abortion care in state law from prosecution. This follows several bomb threats targeting state legislators after social media attacks from far-right anti-trans influencers such as Riley Gaines and Chaya Raichik of Libs of TikTok. An earlier version of the bill failed in committee after similar attacks in January. Undeterred, Democrats reconvened and added additional protections to the bill before it was passed into law.

The law is extensive. It asserts that gender-affirming care and reproductive health care are "legal rights" in Maine. It states that criminal and civil actions against providers and patients are not enforceable if the provision or access to that care occurred within Maine’s borders, asserting jurisdiction over those matters. It bars cooperation with out-of-state subpoenas and arrest warrants for gender-affirming care and abortion that happen within the state. It even protects doctors who provide gender-affirming care and abortion from certain adverse actions by medical boards, malpractice insurance, and other regulating entities, shielding those providers from attempts to economically harm them through out-of-state legislation designed to dissuade them from providing care.

The bill also explicitly enshrines the World Professional Association of Transgender Health’s Standards of Care, which have been the target of right-wing disinformation campaigns, into state law for the coverage of transgender healthcare.

The bill is said to be necessary due to attempts to prosecute doctors and seek information from patients across state lines. In recent months, attorneys general in other states have attempted to obtain health care data on transgender patients who traveled to obtain care. According to the United States Senate Finance Committee, attorneys general in Tennessee, Indiana, Missouri, and Texas attempted to obtain detailed medical records "to terrorize transgender teens in their states… opening the door to criminalizing women’s private reproductive health care choices." The most blatant of these attempts was from the Attorney General of Texas, who, according to the Senate Finance Committee, "sent demands to at least two non-Texas entities." 

[...] Despite these threats, legislators strengthened both the abortion and gender-affirming care provisions and pressed forward, passing the bill into law. Provisions found in the new bill include protecting people who "aid and assist" gender-affirming care and abortion, protections against court orders from other states for care obtained in Maine, and even protections against adverse actions by health insurance and malpractice insurance providers, which have been recent targets of out-of-state legislation aimed at financially discouraging doctors from providing gender-affirming care and abortion care even in states where it is legal.

Maine Gov. Janet Mills (D) signs gender-affirming care and abortion sanctuary state bill LD227 into law despite the best efforts of right-wing anti-trans extremists such as Riley Gaines, Courage Is A Habit, and Libs of TikTok who sought to thwart its passage and signature into law.

[tobiasdrake]

AA4-2, Trial Day 1. We finally met our client five minutes ago and already we know this case is going to be an ordeal.

4-1 was Apollo's first case, but it wasn't really his first case because he had Phoenix there to walk him through it. This is going to be the deep end for Apollo Justice.

As with the last few minutes of the Investigation, any amount of time spent in the company of our client makes crystal-clear what our chief obstacle here is going to be.

Wocky Kitaki is set up to be a nightmare of a client, especially for a rookie lawyer like Apollo. The kind you do not, under any circumstances, allow to make any kind of statement because everything he says can and will be used against us.

So. Yeah. We're not winning this on criminal intent. Wocky is so determined to get sent to prison that he's gleefully painting himself into a corner, made worse by an incredibly open-shut motive.

So. Yeah. This is about as ugly as it can get. We have a defendant with enthusiastic killing intent and a clear motive for violent retaliation. The Prosecution still needs to prove that Wocky did but it takes only one testimony to make a clear and compelling argument that Wocky would.

This is bad. It's bad for us. But, as Gavin points out, it's also bad for Wocky.

With Dr. Malpractice dead, Wocky's days are numbered; A fact that Gavin, so confident in his prosecution, takes clear enjoyment from revealing.

This is an effective introduction for our rival, who's going to be the chief antagonist for this game: Klavier Gavin, the literal rockstar prosecutor.

There's always a personal touch to the Prosecutor. For Klavier Gavin, it's revenge. Despite his music career taking off, Gavin came back because of a personal vendetta.

Out of four prosecutors, Gavin is the third to have revenge as his chief motivation. Edgeworth is the only prosecutor thus far who had something else going on. So that's wearing a bit thin as a source of conflict.

However, I do like how deliciously complex Gavin's vendetta is. Franziska's vendetta was fairly straightforward while Godot's was gross, but Klavier's is interesting. From his perspective, it breaks down like this.

-> Klavier and his brother Kristoph were a legal duo, one working defense and the other in prosecution to ensure justice. -> Phoenix was a crooked attorney who used phony evidence to rig the court and win acquittals for murderers. -> Klavier exposed Phoenix for the fraud he was and ended his entire legal career. -> Seven years later, Kristoph hired Apollo and took him under his wing. -> Phoenix was arrested for murder. -> Apollo, under Phoenix's guidance, betrayed Kristoph and threw him under the bus to acquit Phoenix using questionable evidence.

To Gavin, this whole thing reeks of foul play. And it's easy to see why. He has no love of Phoenix or his tactics, which he makes abundantly clear.

And yet, there's a playfulness to his attitude. Despite his skepticism of Apollo, Gavin's demeanor stands out among the rivals. He lacks the contempt that Edgeworth, the Von Karmas, and Godot so often displayed. He's amicable, which makes for a unique attorney/prosecutor dynamic.

This case also gives Trucy her first chance to shine as our trusty paralegal. Big shoes to fill, as Maya's served in that spot for three games. Maya's spirit channeling was a strong influence on the series for three games straight, and now Trucy has to fill that void.

She doesn't have ghost magic. But she does have the single greatest shenanigan that a paralegal has ever pulled in this courtroom.

HOLY SHIT A MADMAN IS ABOUT TO STAB TRUCY WITH A KNIFE IN THE MIDDLE OF THE TRIAL

HOLY SHIT A MADMAN IS ABOUT TO STAB TRUCY WITH A KNIFE AND HIS NAME IS ME

The audacity of this move. This is crime. We did a crime. But I guess that's fine because we're mob lawyers.

Unfortunately, as much fun as the setup to this bit is, the payoff winds up being an introduction to the Perceive minigame that was already introduced in 4-1.

Yes, we already know about this minigame, Trucy. Your dad explained it already. We do get a little bit of backstory lore for Trucy out of this.

But it's not much. The staged abduction is a good bit, but it'd be better if Trucy had something more substantive that she wanted to talk to Apollo about. Gonna be honest, I don't know why this even needed to be some kind of superpower. It's "being good at noticing subtle things" but presented as a unique ability passed down to Trucy and Apollo.

I like the mechanic but it's weird that it's presented like a Weird Super Thing on the level of spirit channeling and stuff. Do they read Daredevil comics in Japan? Because this feels like someone liked Daredevil comics.

Of course, the funny thing about this mechanic is that, according to Trucy, it's externally observable when Trucy or Apollo is using their enhanced sensitivity.

It's funny to think that, for seven years, Phoenix would play poker with his daughter sitting next to him. And her eyes would be going fucknuts the entire time. Just. Like. Popping out of her skull and wibble-wobbling all over the place.

And. Like. Nobody ever said anything. They sat there. Playing cards. Trying not to make a thing about what must be some terrible medical condition for this child.

In any case, Trucy's presence in court is interesting because she's tasked with pulling double duty for the Feys. She has to fill the shoes of Maya, as Apollo's partner sounding board to bounce ideas off of. But she also has to fill the role of Mia, the experienced legal practitioner who has her shit together and could pull Phoenix out of a jam.

To that end, splitting the difference by making her Not A Lawyer but having her be Phoenix's kid puts her in a nice middle ground, where she's not doing most of the heavy lifting but she can still jump in from time to time.

Though Stickler himself is an annoying witness to have to question, 4-2 is much more of a classic Ace Attorney case than 4-1. We begin on the backfoot with no clear hope in sight and, by the end of it, we've created enough wiggle room to persevere. The facts in evidence make a clear case that Wocky at least went after Dr. Malpractice with malicious intent that night.

However, the prosecution's failure to meet its burden of proof is pretty stark.

Two trajectories from which Wocky could have shot Dr. Malpractice exist but both rely on his bullet magically stopping midair, orbiting around the doc's head to a different location, and then resuming its course.

When it hasn't even been proven that he ever touched the gun to begin with, since the only weapon that's been connected to him is a shiv.

Despite Wocky's best efforts, we close this trial day in a pretty good spot. Though not quite ideal, as our defense while strong rests on the assumption that the victim had no reason to look to his left before being shot.

And between the two options, which is more plausible?

-> The victim, for some reason, turned his head to the left. -> Another person, invisible to both Wocky and Stickler, somehow managed to fire a gunshot without Stickler ever noticing that another person was present.

This trial day ends in a place that feels at first blush like we've conclusively proven innocence. But the more I sit and settle on it, the more precarious the defense's position begins to feel. A good spot to be in for the midpoint of an Ace Attorney case.

Overall, I would call this trial a pretty middling one. It lays out a typical AA scenario that looks straightforward but is actually full of mysteries, this one tying back to last night's bizarre crime spree. It gives our important characters some nice moments of characterization and contains Trucy's hilarious self-kidnapping trick.

But Stickler takes up the bulk of the cross-examinations, and he isn't a particularly interesting or fun witness to lock horns with. His snooty Ivy League Academic persona gets old fast. Additionally, including a second Perceive tutorial complete with spoiling the solution is super irritating.

[chiefdazepoetry]

How Lawyers That Sue Doctors Can Help You Obtain Justice

Introduction

When you place your trust in a doctor, you're entrusting your health and well-being to a professional who has undergone years of training and education. Unfortunately, there are instances where this trust can be violated through negligence or malpractice. When such violations occur, it is crucial to seek justice not only for yourself but also to prevent others from falling victim to similar circumstances. How Lawyers That Sue Doctors Can Help You Obtain Justice is the focus of this article, as we explore the roles of medical malpractice attorneys and the significance they hold in the legal landscape.

In this comprehensive guide, we'll delve into various aspects of medical malpractice law, discuss how lawyers can aid you in pursuing justice, and provide valuable insights into navigating this complex field. From understanding the nuances of medical negligence to recognizing when it's time to consult a lawyer, we aim to equip you with knowledge that empowers your pursuit of justice.

Understanding Medical Malpractice What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to provide the standard of care expected in their profession, leading to patient injury or harm. This can encompass various scenarios, including surgical errors, misdiagnosis, improper treatment methods, or failure to inform patients about potential risks.

Key Elements of Medical Malpractice

To successfully prove a case of medical malpractice, certain key elements must be established:

Duty of Care: The healthcare professional had an obligation to provide care. Breach of Duty: There was a failure in meeting the accepted standards of care. Causation: The breach directly resulted in injury or harm. Damages: The patient suffered damages as a result.

Understanding these elements is essential for identifying whether your situation qualifies for legal action.

The Role of Lawyers That Sue Doctors How Do They Function?

Lawyers specializing in medical malpractice have extensive knowledge regarding both legal and medical terminologies. Their role involves investigating claims, gathering evidence, consulting with medical experts, and representing clients throughout litigation processes.

Why Choose Specialized Attorneys?

Opting for specialized attorneys like those from Moseley doctor injuries lawyer Collins Law ensures that you receive representation from professionals who understand the intricacies involved in proving negligence against doctors and healthcare facilities.

How Lawyers That Sue Doctors Can Help You Obtain Justice Legal Representation

One of the most significant benefits lawyers offer is legal representation during negotiations or court proceedings. They will work diligently on your behalf to ensure that your rights are protected and that you obtain fair compensation for your injuries.

Gathering Evidence

A crucial part of building a solid case involves gathering ample evidence. This may include:

Medical records Testimonies from other medical professionals Expert opinions

Your attorney will know what constitutes sufficient evidence and how best to present it.

[brokentoasterrr]

do you ever think about the insane legal ramifications willy wonka would have faced if charlie and the chocolate factory was real. like. yes, the children and their guardians signed a waiver, but surely wonka is liable for a shit ton of violations and malpractices taking place inside his factory? not to mention the slaves he took from their native land to employ in a factory that violates probably every single OSHA regulation there is.

no rails on the bridge or by the chocolate river, no emergency stop for the giant pipe. no emergency stop for the trash chute. no safety measures around the tv. the only person who is genuinely responsible for her own grievance is violet who took a piece of gum from wonka, and continued chewing even after he told her to spit it out. the rest of what happens is just willful negligence on wonka’s part considering his feeble protests whenever a kid does something they’re not supposed to do. and obviously, a lot of the responsibility lies with the parents who are also negligent, but still, they entrusted a man with their children’s safety and the man in question made literally zero effort to keep those kids safe in his factory.

absolute insanity.

anyway if i knew anything about laws i would make a great attorney

[hakiminjurylaw]

Steps To Take After Suffering Damages From Malpractice

Discovering that you have suffered harm as a result of professional negligence can be a distressing experience. Whether it involves medical malpractice, legal errors, or any other form of professional misconduct, taking immediate action is crucial.

This blog aims to guide those affected by malpractice towards seeking justice, with a focus on the San Bernardino area. By understanding the steps involved in the aftermath of malpractice, you can navigate the legal process effectively and ensure proper compensation for your damages.

1. Gather Evidence: Start by meticulously collecting all relevant evidence such as medical records, documentation, and any other supporting materials linked to your case. This serves as a foundation for your claim and strengthens your position.

2. Find an Attorney: Seek the assistance of experienced professional malpractice attorneys in San Bernardino. Research reputable law firms with a strong background in handling cases related to professional negligence. An attorney specializing in malpractice law can evaluate your case, advise you on the best course of action, and fight on your behalf.

3. Understand Damage Claims: Familiarize yourself with the different types of damages that can be claimed, such as economic damages (financial losses) and non-economic damages (pain and suffering). A skilled attorney will help you determine which damages you are eligible to pursue.

4. Document Everything: Maintain a detailed record of all communication and interactions with professionals involved in your case. This includes noting dates, times, and relevant details of conversations, meetings, or correspondences. Such documentation strengthens your narrative in court.

5. Negotiate or Litigate: Your attorney will guide you through the negotiation and litigation process. They will advocate for a fair settlement, but if necessary, they will take your case to court to secure the compensation you deserve.

Wrapping It Up:

After suffering damages from malpractice, it is imperative to take proactive steps towards justice. By gathering evidence, consulting trusted legal malpractice attorneys in San Bernardino like The Law Offices of Eslamboly Hakim, understanding damage claims, and maintaining thorough documentation, you can ensure that your case is presented effectively.

Remember, seeking justice is a complex journey, but with the right support and determination, you can seek the compensation you deserve while holding professionals accountable for their negligence.

[religion-is-a-mental-illness]

By: Leor Sapri

Published: Dec 15, 2023

The core question in lawsuits over state-level age restrictions on “gender-affirming care” or former patients suing their providers for fraud or malpractice is whether sex-trait modification is an evidence-based and ethical medical practice. Recognizing the limits of their own knowledge on such matters, judges have turned to expert witnesses to help them understand the key issues at play. But since both sides in these legal contests appoint expert witnesses to back their claims (typically medical doctors and mental-health professionals), judges must determine which are more credible.

A recent exchange between Moti Gorin, an associate professor of philosophy and bioethicist at Colorado State University, and Alejandra Caraballo, a transgender activist and cyberlaw instructor at Harvard Law School, provides crucial insight into how these questions bear on the outcome of lawsuits over gender medicine. In a paper titled “The Anti-Transgender Medical Expert Industry,” published earlier this year in the Journal of Law, Medicine & Ethics, Caraballo argues that judges should disregard the opinions of medical professionals who testify on behalf of states seeking to restrict “gender-affirming care.” In a newly published letter to the editor in the same journal, Gorin shows the fatal flaws in Caraballo’s arguments. (The journal also gave Caraballo the chance to respond to Gorin.)

Caraballo devotes considerable space to maligning experts and organizations skeptical or critical of “gender-affirming care” as being driven by “anti-transgender” animus. As Gorin points out, these are

serious allegations, directed at named entities and individuals, and presented not on a social media platform or in the opening statement of an attorney engaged in courtroom advocacy but in the pages of a peer-reviewed, academic journal. One should therefore expect strong evidence in support of such allegations, in keeping with the usual norms of academic publishing. Those norms require, inter alia, that easily-verifiable factual claims be true, that accurate and otherwise adequate citations be provided, that the author avoid unnecessarily inflammatory language, and so on.

Caraballo provides zero evidence for these accusations. For example, Caraballo describes Stephen Levine, a professor of psychiatry at Case Western Reserve University School of Medicine with five decades of clinical experience treating gender dysphoric patients, as “one of the most prolific anti-transgender medical expert [sic] in the country” and claims that he “has not published peer-reviewed research in the relevant field.” As Gorin observes, however, “It is easy to confirm that this claim is plainly false.” Levine, who chaired the HBIGDA’s (now WPATH) Fifth Standards of Care and served on the American Psychiatric Association’s DSM-IV Subcommittee on Gender Identity Disorders, has many peer-reviewed publications in the field, including landmark papers like “The Myth of ‘Reliable Research’” that touch directly on the evidence base for pediatric gender medicine.

Gorin provides other examples of blatant falsehoods in Caraballo’s paper, raising the question of how the Journal of Law, Medicine, & Ethics could allow such defamatory statements to be made in its pages without even minimal corroboration. As Gorin later explained on X, academic publishing relies on a certain degree of trust. Editors and reviewers assume that scholars will not, for instance, blatantly mischaracterize sources they cite, as Caraballo appears to have done. Recently, a prominent physician argued that the scandal of pediatric “gender-affirming care” was made possible due to a “broken chain of trust” within the medical and scientific establishment, with activist clinicians and researchers exploiting the chains of trust built up over generations by their professional forebearers. That physician is Stephen Levine.

No less embarrassing for Caraballo than the many factual errors in the original article is Caraballo’s apparent misunderstanding of the rules of evidence in adjudication. Here, Gorin takes Caraballo to task on the author's own turf and shows a superior grasp of the issues.

First, some context. Courts are generally a bad forum in which to settle scientific debates. Among other problems, judges are not subject-area experts and have little time to master the nuances of scientific controversies; they must inevitably decide between competing claims of subject-area experts. By definition, such contests require non-experts to substitute their own judgment for that of at least one expert—a scenario that can easily undermine the judge’s credibility in the eyes of scientific critics.

In the 1923 case Frye v. United States, the D.C. Court of Appeals opined that it was hard to determine when a “scientific principle or discovery crosses the line between the experimental and demonstrable stages,” and that, in order to do so, judges should consider whether a scientific principle or discovery has “gained general acceptance in the particular field in which it belongs.”

In 1975, Congress adopted the Federal Rules of Evidence. Rule 702 states, “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.” In the 1993 case Daubert v. Merrell Dow Pharmaceuticals, Inc., the Supreme Court held that Rule 702 supersedes the Frye test of “general acceptance." The Court laid out four criteria to guide judges in their assessment of the reliability of expert testimony:

1. The expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; 2. The testimony is based on sufficient facts or data; 3. The testimony is the product of reliable principles and methods; and 4. The expert has reliably applied the principles and methods to the facts of the case.

It’s easy to see how these doctrinal issues bear directly on the current debate over “gender-affirming care.” When advocates of gender-affirming care maintain that these controversial procedures are evidence-based, they cite the consensus of professional medical associations. Critics point out that this consensus is manufactured and enforced through suppression of contrary viewpoints. They point out that consensus-based medicine is not necessarily evidence-based medicine.

Caraballo’s position is that expert testimony from the likes of Levine and the psychologist James Cantor—author of the definitive, peer-reviewed fact-check of the American Academy of Pediatrics’ policy statement on “gender-affirming care”—should be discounted on the grounds that Levine and Cantor do not directly provide “gender-affirming” medical treatments to minors and that they operate outside the consensus of U.S. medical associations.

Regarding the first claim, if clinicians do not approve minors for puberty suppression, cross-sex hormones, or surgeries, that might be because they don’t believe that these interventions are evidence-based and ethical. Moreover, as Cantor has explained in expert witness testimony, the expertise of clinicians is different from that of scientists. The clinician’s expertise “regards applying general principles to the care of an individual patient and the unique features of that case.” The scientist’s expertise “is the reverse, accumulating information about many individual cases and identifying the generalizable principles that may be applied to all cases.” Accordingly, Cantor writes, “In legal matters, the most familiar situation pertains to whether a given clinician correctly employed relevant clinical standards. Often, it is other clinicians who practice in that field who will be best equipped to speak to that question. When it is the clinical standards that are themselves in question, however, it is the experts in the assessment of scientific studies who are the relevant experts.” For good reason, Caraballo’s criterion—that a doctor must practice a type of intervention in order to qualify as an expert in the evidence base for that intervention—is neither mentioned nor implied in the Daubert standards.

Not just that, but clinicians who practice “gender-affirming care” are likely to find themselves in intellectual, professional, and financial conflicts of interest, which may produce confirmation bias and impair their ability to dispassionately assess the evidence for the care they provide.

In short, Caraballo’s characterization of who counts as an expert is a classic example of the No True Scotsman fallacy. Caraballo conveniently defines as “experts” only those who practice, and by implication agree with, “gender-affirming care” for kids. It would be as if we agreed to define only clinicians who practice lobotomy as “experts” on whether lobotomy is an evidence-based practice.

As for Caraballo’s second point, about “anti-transgender” experts being outside the consensus in the field, Gorin points out that, under Daubert, this should not disqualify the opinions of these experts. To recall, the court in Daubert explicitlyrejected the “general acceptance” standard in Frye as a prerequisite for determining the reliability of testimony. “It is easy to see why ‘general acceptance’ is too strict a requirement,” writes Gorin. “It would exclude from the start expert testimony that, despite being inconsistent with generally-held opinion or consensus, proves to be consistent with the truth.” Commitment to science means above all commitment to the scientific method. As the Court put it in Daubert, “The focus . . . must be solely on principles and methodology, not on the conclusions they generate.”

Caraballo’s typo-riddled response to Gorin’s criticism complains that he is “hyper fixat[ed] on minor errors rather than the broader argument.” (In fact, Gorin’s examples of Caraballo’s factual errors go to the heart of Caraballo’s thesis that the experts in question are driven by animus rather than good-faith disagreement with the prevailing consensus.) Caraballo then resorts to more mudslinging and name-calling, for instance characterizing Levine as a “conversion therapist” because he uses exploratory therapy for his pediatric patients rather than automatically “affirming” their self-diagnosed “gender identity” as permanent and eligible for hormonal treatments. To support the accusation, Caraballo cites a paper by a transgender bioethicist who opposes “gatekeeping” for drugs and surgeries on the grounds that teenagers should have the right to turn their bodies into “gendered art pieces.”

Caraballo then continues to impugn the motives of “anti-transgender” expert witnesses by claiming that they are paid for their work—an unremarkable observation and one that conveniently ignores the fact that experts on the other side are also paid. For example, Jack Turban is paid up to $400 per hour to testify against state age-restriction laws. (It was money well spent: Turban revealed that he does not understand the basics of evidence-based medicine.)

Speaking of ulterior motives: in a footnote, Caraballo discloses that “these witnesses provided a report that impacted my ability to access care when I visit family in Florida. I can no longer obtain refills there legally due to restrictions placed on adult care. Additionally, my care in Massachusetts has been severely affected by the large influx of trans people fleeing states such as Florida. While this may be an elective academic indulgence for Gorin, this affects my healthcare directly.”

Caraballo ends by wondering, “Why should gender affirming care be considered differently where non-practitioners of a field testify on the relevant standards, they themselves do not practice?”

The answer is simple: those who provide irreversible, sterilizing, and often disfiguring “treatments” to kids on the belief that these young people were “born in the wrong body” are ideologues who need to be reined in by their more professional colleagues. For Caraballo, apparently, only blood-letters should testify on the merits of blood-letting.

==

When activists get desperate, their lies get more egregious.

Caraballo needs to return his law degree. He's dangerously unqualified.