Causation and Risk in the Law of Torts
Scientific Evidence and Medicinal Product Liability
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Product details:
- Edition number 1
- Publisher Hart Publishing
- Date of Publication 1 March 1999
- Number of Volumes Hardback
- ISBN 9781901362855
- Binding Hardback
- No. of pages288 pages
- Size 234x156x22 mm
- Weight 558 g
- Language English 0
Categories
Short description:
This book provides a comparative account of the legal and scientific issues relating to proof of causation in alleged cases of drug-induced injury.
MoreLong description:
This book provides a comparative account of the legal and scientific issues relating to proof of causation in alleged cases of drug-induced injury, principally in Europe and North America. It seeks to assess whether, by using probabilistic approaches, the courts may more accurately determine the cause of adverse reactions contentiously associated with drugs. In four case studies (DES, Bondoctin, vaccine damage and "Gulf War Syndrome"), the deficiencies of orthodox approaches to causation are revealed. A sustained argument is presented in favour of according greater weight to epidemological statistics, as refined by the application of the Bayes' Theorem.
A valuable feature is the discussion of the role of expert witnesses, including an examination of how the author's proposals could be accommodated within the reformed civil process envisaged by the Woolf Report.
The book also examines the economic implications of these proposals. It is a timely contribution to the resolution of the legal problems in this complex area of tort law.
Table of Contents:
Chapter 1 - Causation and Medicinal Products: A Legal and Probability Analysis
Chapter 2 - Diethylstilbestrol and Causation
Chapter 3 - Scientific Evidence, Causation and the Law: Lessons of Bendectin (Debendox) Litigation
Chapter 4 - Vaccine Damage and Causation: A Comparative Perspective
Chapter 5 - Causation, Medicinal Products and the "Gulf War Syndrome"
Chapter 6 - Causation and Medicinal Products: An Economic Analysis
Chapter 7 - The Development Risk Defence and Medicinal Products
Chapter 8 - Possible Economic Consequences of Probabilistic Approaches to Causation
Chapter 9 - Conclusion
