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Court upholds use of QEEG by non-physicians in expert witness testimony
In what amounts to a landmark decision, particularly for quantitative EEG (QEEG) and neurofeedback practitioners, a New York District Court judge has ruled that expert witness testimony based on QEEG evaluations meets what is called the Daubert standard. Daubert is a legal precedent set in 1993 by the Supreme Court regarding the admissibility of expert witnesses' testimony during federal legal proceedings. It essentially states that trial judges, as “gatekeepers” of scientific evidence, must determine if expert witness testimony is “relevant” and “reliable”.
Daniel Kuhn, M.D. of New York made the case for QEEG and Neuroguide based interpretations in an affidavit presented to the Court, assisted by Bob Thatcher, Ph.D. The judges decision in this case also noted that expert witness testimony using QEEG was not the sole domain of neurologists, indicating that other professionals are qualified to testify as QEEG experts. Dr. Kuhn has tracked the progress of this case and posted additional information on his website, www.kuhncenter.com under Forensic Services, Frye hearing.
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