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April 14, 2004

Evidence-Based Medicine on Trial

Author Affiliations

Letters Section Editor: Stephen J. Lurie, MD, PhD, Senior Editor.

JAMA. 2004;291(14):1696-1698. doi:10.1001/jama.291.14.1697-c

To the Editor: To better understand the surprising jury verdict described by Dr Merenstein,1 we interviewed the lawyers and the judge in his case, reviewed the lawyers' proposed jury instructions and the parties' written submissions to a pretrial review panel, and read notes of the lawyers' interviews with 3 jurors (including the foreman). Our assessment is that Merenstein is unduly pessimistic about the role of EBM in medical malpractice cases.

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