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
An Indispensible Reference for Expert Witnesses and Lawyers
- 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
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
Stephen A. Saltzburg, Howley Professor of Trial Advocacy, Litigation, and Personal Responsibility, The George Washington University.
- Introduction: Evidence Based Medical Dispute Resolution - Tee L. Guidotti, Susan G. Rose
- Constructing the Medical Opinion: Elements, Expression, and Logic - Gary Rischitelli
- Civil Litigation: Principles and Procedures - Susan G. Rose, Karen E. Read
- Adjudicating Cases Involving Scientific Evidence: The View from the Bench - Leo Wenden
- Establishing Causation with Epidemiology - David F. Goldsmith, Susan G. Rose
- The Daubert Decision: Effects on the Admissibility of Scientific Evidence and Testimony - Karen E. Read, Susan G. Rose
- The Nature of Science - Tee L. Guidotti
- Looking Backward: The Bayesian Approach to Assessing Causation - Sorell L. Schwartz
- Causation - Tee L. Guidotti
- The Problem of Smoking - Tee L. Guidotti
- Apportionment - Tee L. Guidotti
- Impairment - Stephen L. Demeter
- Individualized Medical Evaluation and Personal Risk - Ernest C. Levister, Jr.
- Presumption - Tee L. Guidotti
- Communication in Medical Dispute Resolution - Michael D. Roback
- The Era of Juriscience: Evidentiary Needs in Environmental Law - Larry A. Reynolds
- Evidentiary Needs in Occupational Health Law - Ilise L. Feitshans
- Medical Disputes Involving Substance Use in the Workplace and in Athletic Competition - Kent W. Peterson, William J. Judge, Donna R. Smith
- Evidentiary Issues in Workers Compensation - Michael G. Holthouser
- Evidentiary Requirements Under the Americans with Disabilities Act - Christina Guerola Sarchio
- Parity for Mental Health Issues - Susan Silverman
- Medical Evidence and the Professional Standard of Care - Sara Rosenbaum
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