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Untangling Causation Issues In Law And Medicine Hazardous Substance Litigation
Judges and juries are increasingly being asked to settle questions about disease caused by hazardous products.With the growth of litigation on toxic substances and unsafe products, more and more courts must wrestle with the complicated scientific proof of the relation between exposure and disease or injury.
This proof frequently involves the use of probabilistic evidence in the form of statistical tests and epidemiologic studies.
Anglo-American law relies on deductive notions of causation and is suspicious of probabilistic evidence of causation.As a result, court decisions of hazardous substance cases are sometimes based on a confused understanding of the critical causal connection.
Physicians who testify in such cases, either as the treating doctor or as expert witnesses, must be aware of the court`s difficulty with probabilistic evidence. In addition, physicians must state clearly the role of such evidence
Lawsuits are different from criminal cases and arbitration.
Lawsuits are civil proceedings, as distinguished from criminal proceedings. Lawsuits are also different from methods from methods of "alternative dispute resolution" such as arbitration or mediation.
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Definition:
A bench trial is a trial by a judge without the jury.
En-banc
Definition:
Court sessions with the whole membership present rather than the usual quorum is called en banc or ?full bench?. U.S. courts of appeals participate in panels of three judges and are then said to be sitting en banc.
Trier of fact
Definition:
The judge or the jury who reach factual decisions as they apply to the law are called the trier of fact.
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