As the practice of science-based medical evidence has challenged the medica
l profession to consider the scientific bases for its methods and procedure
s, on a seemingly parallel path, the United States Supreme Court's 1993 dec
ision in Daubert v. Merrell Dow Pharmaceuticals has challenged the legal sy
stem to consider the science underlying claims of medical expertise. This a
rticle examines how the legal system has responded to that challenge and wh
y the response has been more limited than many had expected; the implicatio
ns of the legal system's approach to scrutiny of claims of medical expertis
e for the practice of science-based medical evidence: and, the central elem
ents of any meaningful change in legal assessments of expertise in medicine
and health care.