Can a life care planner withstand a Daubert challenge in federal court?
Paul M. Deutsch has written and spoken extensively on this topic and there is not sufficient room within the context of these FAQ’s to provide an extensive response. The short answer is, “Yes.” Many challenges under Daubert and Frye have occurred and have been successfully overturned. In several instances these challenges were lost and in each instance, these occurred because the life care planner did not follow the methodology as outlined within these FAQ’s. That is, these professionals relied only upon their own expertise and usually were found to have overstepped that expertise by entering into the medical arena or the psychological arena and making a diagnosis they were unqualified to make. Paul M. Deutsch has outlined the following key components in answering the four questions under Daubert, (six if you are in Texas) or being prepared under Frye: • Always expect a challenge and be prepared to properly educate all parties on the life care planning process step by step. • Carefully
