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Litigation News
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:
Rebuttal entail the opposing evidence that is introduced to counter other testimonies or evidence.
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.
Arraignment
Definition:
An arraignment refers to the process of informing a party of committing a crime in court and then asking whether to plea guilty or not guilty.
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