Science on the Witness Stand: Evaluating Scientific Evidence in Law, Adjudication, and Policy

Tee L. Guidotti, MD, MPH
Susan G. Rose, JD, MPH

Price: $50.00

Science on the Witness Stand will be a welcome addition to the library of any medical or legal professional whose work involves presenting medical evidence in a legal context.

The book offers a complete look at the factors to be considered in a variety of legal proceedings, from claims adjudication to liability and other medical/legal proceedings. It begins by introducing an innovative approach the authors call evidence-based medical dispute resolution, then moves on to discuss the elements and logic to be presented in a medical opinion, the principles and procedures of civil litigation, and the jurist's view of scientific evidence. Issues of causality and admissibility of evidence and testimony are presented, along with individualized medical evaluation and personal risk, impairment, and evidentiary needs in environmental law and occupational health law.

A Systematic Approach to Assessing Evidence
In their preface, the authors state, We believe that a systematic approach to assessing scientific evidence in the context of law is possible. However, there is no easy formula. The inspiration for what we are attempting to achieve with this approach comes from the development of clinical epidemiology and critical appraisal, schools of thought that contributed decisively to the development of evidence-based modern clinical practice. Thus, we offer a set of principles that may be used by expert witnesses and lawyers to present scientific knowledge and apply it in the courtroom and in claims adjudication. Drawing on the additional expertise of contributing authors, the book offers a complete look at the factors to be considered in a variety of legal proceedings, from claims adjudication to liability and other medical/legal proceedings. It begins by introducing an innovative approach the authors call evidence-based medical dispute resolution, then moves on to discuss the elements and logic to be presented in a medical opinion, the principles and procedures of civil litigation, and the jurist's view of scientific evidence. Issues of causality and admissibility of evidence and testimony are presented, along with individualized medical evaluation and personal risk, impairment, and evidentiary needs in environmental law and occupational health law. Specific topics such as smoking, substance abuse, mental health issues, workers' compensation, the Americans with Disabilities Act, and the professional standard of care are also covered in depth. The book ends with three case studies illustrating the principles in specific applied situations.

Valuable for Anyone Involved in Workers' Comp and other Medical/Legal Claioms
  • Lays a foundation for greater consistency and more accurate representation of scientific knowledge in the courtroom and in the claims office.
  • Draws on the principles of evidence-based modern clinical practice
  • Illustrates general concepts with specific examples throughout
  • Creates a bridge between the conservative and collaborative culture of science and the adversarial process inherent in the legal process
  • Provides critical background information and valuable insights for policy makers
  • Advises on appropriate language and terminology and how to avoid misunderstandings
An Indispensible Reference for Expert Witnesses and Lawyers
Reflecting the expertise of a physician and a lawyer who have worked in close collaboration with other experts for ten years, Science on the Witness Stand weaves together principles and vocabulary commonly used by health care practitioners or by lawyers, but not often by both. The authors note that the cultures of science and law operate within different sets of beliefs and values, resulting in differing languages which can produce undesirable outcomes such as misunderstanding, frustration of purpose, and unintended consequences. For this reason, they have carefully crafted their work to promote greater cross-disciplinary communication between the legal community and the public health community as well as a better understanding of the language and professional constraints of both the scientific/medical and legal cultures.

New Tools, Better Communication
Science on the Witness Stand is a must-have resource for lawyers and expert witnesses who need to present scientific knowledge and apply it in the courtroom or in claims adjudication. Its evidence-based medical dispute resolution approach gives legal and health care professionals a useful new way to evaluate evidence from the biomedical and population health sciences as it applies to law and the resolution of social issues. And it offers an effective new way for legal and medical professionals to collaborate smoothly and successfully. What the Critics Say "Well written and enjoyable to read. It provides a practical approach to addressing medical disputes." AOEC News, Winter 2002, Volume 9, #4
Table of Contents
    Preface Foreword Stephen A. Saltzburg, Howley Professor of Trial Advocacy, Litigation, and Personal Responsibility, The George Washington University.
  1. Introduction: Evidence Based Medical Dispute Resolution - Tee L. Guidotti, Susan G. Rose
  2. Constructing the Medical Opinion: Elements, Expression, and Logic - Gary Rischitelli
  3. Civil Litigation: Principles and Procedures - Susan G. Rose, Karen E. Read
  4. Adjudicating Cases Involving Scientific Evidence: The View from the Bench - Leo Wenden
  5. Establishing Causation with Epidemiology - David F. Goldsmith, Susan G. Rose
  6. The Daubert Decision: Effects on the Admissibility of Scientific Evidence and Testimony - Karen E. Read, Susan G. Rose
  7. The Nature of Science - Tee L. Guidotti
  8. Looking Backward: The Bayesian Approach to Assessing Causation - Sorell L. Schwartz
  9. Causation - Tee L. Guidotti
  10. The Problem of Smoking - Tee L. Guidotti
  11. Apportionment - Tee L. Guidotti
  12. Impairment - Stephen L. Demeter
  13. Individualized Medical Evaluation and Personal Risk - Ernest C. Levister, Jr.
  14. Presumption - Tee L. Guidotti
  15. Communication in Medical Dispute Resolution - Michael D. Roback
  16. The Era of Juriscience: Evidentiary Needs in Environmental Law - Larry A. Reynolds
  17. Evidentiary Needs in Occupational Health Law - Ilise L. Feitshans
  18. Medical Disputes Involving Substance Use in the Workplace and in Athletic Competition - Kent W. Peterson, William J. Judge, Donna R. Smith
  19. Evidentiary Issues in Workers Compensation - Michael G. Holthouser
  20. Evidentiary Requirements Under the Americans with Disabilities Act - Christina Guerola Sarchio
  21. Parity for Mental Health Issues - Susan Silverman
  22. Medical Evidence and the Professional Standard of Care - Sara Rosenbaum
  23. Appendices Introduction Case Study 1: Cancer Risk Associated with Chromium Exposure from Drinking Water by Harold E. Hoffman Case Study 2: Risk Associated with Exposure to Transformer Fluids by Harold E. Hoffman Case Study 3: Apportionment of Asbestos-Related Disease by Tee L. Guidotti Index
Publication Date 2001
Format Softcover, 428 pages
ISBN 978-1-883595-31-9
Product Code 23070
Tee L. Guidotti, MD, MPH is Professor and Chair, Department of Environmental and Occupational Health, School of Public Health and Health Services, The George Washington University Medical Center, Washington, D.C

Susan G. Rose, MPH, JD is an attorney specializing in toxic torts and pharmaceutical products liability law. She is a partner in the law firm of Stanley and Rose, Oakland, CA and Washington, DC
Price: $50.00

Related Products

  • Communicating Risk in a Changing World

    Communicating Risk in a Changing World

    Timothy L. Tinker, DrPH, MPH
    Maria T. Pavlova, MD, PhD
    Audrey R. Gotsch, DrPh, CHES
    Elaine Bratic Arkin

    State-of-the-art papers and reports on the discussions and conclusions of a symposium sponsored by the member agencies of the U.S. Department of Health and Human Services (DHHS) Environmental Health Policy Committees Subcommittee on Risk Communication and Education, the U.S. Department of Energy, and the consortium for Risk Evaluation with Stakeholder Participation (CRESP). Participants included a broad cross-section of more than 25 researchers and practitioners from government, academia, management, labor, and the environmental movement who are actively involved in science-based public communications.

    MORE INFO

Close