ARTICLE: Proving Causation: The Use and Abuse of Medical and Scientific Evidence Inside the Courtroom--An Epidemiologist's Critique of the Judicial Interpretation of the Daubert Ruling Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2003 The Food and Drug Law Institute
Food and Drug Law Journal

ARTICLE: Proving Causation: The Use and Abuse of Medical and Scientific Evidence Inside the Courtroom--An Epidemiologist's Critique of the Judicial Interpretation of the Daubert Ruling

2003

58 Food Drug L.J. 223

Author

DAVID EGILMAN, M.D., M.P.H. *, JOYCE KIM ** and MOLLY BIKLEN ***

Excerpt

I. INTRODUCTION

Discussing a ruling on a Daubert motion in a product liability case, a judge clutches her chest and tells the clerk to get an ambulance. After being rushed to the hospital, her doctor diagnoses her with a heart attack. Based on only her medical history, the doctor concludes that her elevated LDL cholesterol, high blood pressure, smoking, and a sedentary lifestyle all contributed to her heart attack. n1 While none of these individual factors double an individual's risk of heart attack, the doctor is confident that they are all significant contributing causes of the judge's heart trouble.



n1 Knowledge of a patient's medical history is a crucial factor in the medical decisionmaking process because it provides most of the evidence on which the physician determines the cause of the disease and bases the disease diagnosis. In fact, the medical history of a patient is so important that the introductory sentence to one of the major primary care textbooks reads, "The medical interview is the primary care physician's most powerful and efficient tool." TEXTBOOK OF PRIMARY CARE MEDICINE 2 (John Noble ed., 2d. ed. 1996).

In a replay of this scenario, instead of going to the hospital after the heart attack, the judge is rushed from her chambers into the courtroom for a Daubert hearing on heart attack causation. Her doctor is called to the stand as an expert to give testimony regarding the causes of the judge's heart attack. Owing to the court's restrictive interpretation of ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities