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Causation and Risk in the Law of Torts: Scientific Evidence and Medicinal Product Liability

Causation and Risk in the Law of Torts: Scientific Evidence and Medicinal Product Liability

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Product Details
Author:
Richard Goldberg
Publisher:
Bloomsbury Publishing PLC
Publication Date:
Mar 19, 1999
Number of pages:
288 pages
Binding:
Hardback or Cased Book
ISBN-10:
190136285X
ISBN-13:
9781901362855

Overview

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.


  • | Author: Richard Goldberg
  • | Publisher: Bloomsbury Publishing PLC
  • | Publication Date: Mar 19, 1999
  • | Number of Pages: 288 pages
  • | Binding: Hardback or Cased Book
  • | ISBN-10: 190136285X
  • | ISBN-13: 9781901362855

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