Sidebar - I Taught It Wrong

Statutes & Stethoscopes | Trial Lessons for Medical Injury Lawyers · Sep 30, 2026 · 9m · transcript

Statutes & Stethoscopes: Sidebar - I Taught It Wrong

I have been saying, on this show, on other podcasts and in my own course, that the standard for an expert opinion is fifty-one percent, more likely than not. Part of that was right. Part of it was wrong. In this bonus Sidebar I correct it on the record.

I explain the difference between the burden of proof the jury applies and the confidence language you use in your own opinion, and untangle three phrases: more likely than not, reasonable degree of medical probability, and reasonable degree of medical certainty. I walk through how I got it…