How to evaluate and apply probabilistic scientific evidence that cancer (or other diseases) have been caused by chemical substances (or other environmental agents) constitutes a critical problem which must be addressed by legal institutions. This article analyzes the basis of the current scientific concepts of causation and the means of incorporating epidemiological and statistical evidence of causation into the legal process, primarily with respect to cases of harm to individuals. Experiments with and adjustments of the legal system to effect an adequate accommodation of such probabilistic evidence are suggested.
Legal and Scientific Probability of Causation of Cancer and Other Environmental Disease in Individuals
Troyen A. Brennan, Robert F. Carter; Legal and Scientific Probability of Causation of Cancer and Other Environmental Disease in Individuals. J Health Polit Policy Law 1 February 1985; 10 (1): 33–80. doi: https://doi.org/10.1215/03616878-10-1-33
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