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Legal & Medical
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Provide Unbiased, Objective, Reproducible and Valid Client Assessment(s):
- Meet federal rules of evidence.
- Meet statistical standards for test-retest reliability.
- Observe a stated validation criterion.
- Provide scientific basis regarding conclusions.
Daubert Decision
- With 52% legal involvement in the medical community, the need for factual evidence has never been greater!
- Medical/Allied Professionals can no longer only stand solely by their credentials- their opinion needs to be supported by scientific data.
- Functional Objective Data meets the required federal rules of evidence.
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In the changing health care climate, we need to document and prove what we do and why we do it. A herniated
disc alone does not constitute a serious injury. The current paradigm necessitates proven functional and
physical loss in order to constitute a serious injury.
Insurance Law 5102(d) Defines Serious Injury as
"Permanent consequential limitation of use of a body organ or member; [and] significant limitation of use
of a body function or system"
A plaintiff's pain must be medically determined and meet the 90 out of 180 day rule outlined in Insurance Law Section
5102(d) in order to be considered a serious injury
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Supreme court cases with good objective medical evidence
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Supreme Court cases without good objective medical evidence
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Legal Framework for Functional Evaluation
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