On May 1, 2023, Michael Flomenhaft, Principal of The Flomenhaft Law Firm, PLLC won an historic motion in a medical malpractice case, Martinez v. North Shore Long Island Jewish Franklin Hospital, Supreme Court, Queens County Index No. 702801/2017. Defense counsel’s Frye motion sought exclusion of the admissibility of quantitative electroencephalography (qEEG) to objectively corroborate chronic pain. A Frye motion enables exclusion of medical or scientific evidence that is not sufficiently substantiated as valid. However, the qEEG in question corroborated a clinical diagnosis of chronic pain by demonstrating patterns of brain wave abnormality scientifically recognized as corresponding to chronic pain. This appears to be the first ruling in United States courts allowing qEEG for this purpose. It represents a legal watershed for objective support of the presence of chronic pain which represents a core issue in a major portion of cases in America’s legal system.
See more information on quantitative electroencephalography (qEEG) for chronic pain below:
Michael Flomenhaft’s historic win allowing qEEG for chronic pain