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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
Product liability litigation can arise when a consumer is injured or killed by a defective product.
Under the Trade Practices Act, applicable after July 9 1992, the product liability provisions grant to take legal actions to those who suffer loss or injury due to a defective product or service and give grounds to take legal action against the manufacturer and/or supplier of that particular product.
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Definition:
The subpoena duces tecum refers to the command to a witness to deliver documents.
Affidavit
Definition:
An affidavit entails a written statements in which a party confirms its facts under oath, before a notary has the authority to administer oaths.
Habeas corpus
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.
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