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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
There are alternatives to filing a lawsuit.
If you do not want to file a lawsuit, you may choose an alternative dispute resolution method. Alternative dispute resolution methods use mediation or arbitration instead of, or in addition to, the courts, to resolve a controversy. ADR methods are often faster, less traumatic, and less expensive than traditional litigation and can produce a better or fairer result.
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Definition:
Habeas corpus refers to the written command (writ) that is either used to bring a prisoner before the court in order to identify the legality of his/her imprisonment or it is used to bring a person in custody to give a testimony before prosecution.
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.
Venue
Definition:
A venue is the physical location were the trial is held.
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