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The Spinal KineticsNov 15, 2023 12:02:37 PM1 min read

Will a CRMA Pass the Daubert/Frye Challenge?

Introduction

Today, we're diving deep into the credibility of CRMA (Computerized Radiographic Mensuration Analysis) and excessive motion tests, particularly in the context of the Daubert/Frye challenge.

What is the Daubert/Frye Challenge?

The Daubert/Frye challenge is a legal motion made to a judge to exclude evidence or an expert witness. The challenge questions whether the expert's scientific, technical, or specialized knowledge is reliable and relevant to the case. In the medical field, this often comes up when discussing diagnostic methods like X-rays or CRMA.

The Misunderstanding Around CRMA and X-rays

Many attorneys, when asking about the credibility of a CRMA or excessive motion test, may not realize that CRMA is essentially a form of X-ray. They're asking if X-ray technology is a reliable method for assessment, which it undoubtedly is. X-ray measurements are standard in the medical field and have been found reliable enough to be included in surgical guidelines and the AMA guides.

Why X-rays and CRMA Pass the Daubert/Frye Challenge

X-rays and their measurements have long been established as credible and reliable. They are used in various medical contexts, from detecting cancerous nodules to qualifying patients for spinal fusion surgeries. These tests have consistently passed the Daubert/Frye challenge across the United States.

The Role of Technology

At Spinal Kinetics, we use FDA-cleared AI to assist with measurements, ensuring the most accurate and up-to-date technology is applied. While some older methods use screen capture technology, which is about 15 years old, we employ the latest advancements to ensure reliability.

The Importance of Guidelines

X-ray measurements are included in various medical guidelines, such as pre-authorization surgical guidelines and permanent impairment guidelines. Their inclusion in these texts further attests to their credibility and reliability.

Conclusion

The Daubert/Frye challenge is often based on a misunderstanding of what CRMA and excessive motion tests are. Once it's clarified that these tests are based on X-ray technology, the challenge usually becomes a non-issue. So, if you're a healthcare provider facing such a challenge, understanding the basis of these tests can help you navigate the legal landscape more effectively.

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