Kooperativer Bibliotheksverbund

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Format: 1 online resource (xvii, 416 pages) : , illustrations (some color)

ISBN: 9780124046443 , 0124046444

Series Statement: Gale eBooks

Content: As a guide for the practical application of epidemiologic principles, data, and methods in the investigation of causal relationships, this book provides readers with the legal and scientific theories underlying the methods by which risk is used in the investigation of individual causation.

Note: Includes index. , Front Cover; FORENSIC EPIDEMIOLOGY; FORENSIC EPIDEMIOLOGY; Copyright; Dedication; Contents; List of Contributors; Introduction; I - PRINCIPLES OF FORENSIC EPIDEMIOLOGY; 1 - Legal Considerations of Forensic Applications of Epidemiology in the United States; HISTORICAL CONTEXT OF THE FRYE STANDARD; PRELUDE TO THE FEDERAL RULES OF EVIDENCE; ENTER THE FEDERAL RULES OF EVIDENCE; THE JUDICIAL DIVIDE INTERPRETING THE FEDERAL RULES OF EVIDENCE; Daubert; Joiner; Kumho; THE AMENDED FEDERAL RULES OF EVIDENCE; DAUBERT JURISPRUDENCE HAS IMPACTED THE FRYE ANALYSIS; THE EVOLVING SET OF DAUBERT FACTORS , FURTHER LEGAL APPROACHES TO FORENSIC EPIDEMIOLOGYCONCLUSION; 2 - Epidemiologic Evidence in Toxic Torts; INTRODUCTION; Civil Litigation Generally; Features of Toxic Torts; The History of Epidemiologic Evidence in Courts; LEGAL ISSUES ARISING IN TOXIC TORTS; The Elements of Legal Theories Employed in Toxic Tort Claims; Special Problems Posed by Toxic Torts; Factual Causation; Apportioning Harm Among Defendants; The Role of Epidemiologists; APPLYING THE LAW OF FACTUAL CAUSATION IN TOXIC TORT CASES; The Sine Qua Non, But-For, or Necessary Element Test for Factual Causation , The Different Aspects of Factual Causation in a Toxic Tort CaseAgent-Disease Causation; Defendant and Defendant's Misconduct; USING EPIDEMIOLOGY TO PROVE CAUSATION; Epidemiology and Proof of General Causation; Recognizing Epidemiology's Advantages; Recognizing Epidemiology's Limitations: Methodological Issues; Recognizing Epidemiology's Limitations: Power and Significance Testing; Epidemiology and Proof of Specific Causation; Relative Risk Greater Than 2.0; Relative Risk Less Than 2.0; Differential Diagnosis and Specific Causation; Genetic Epidemiology; Judicial Scrutiny of Expert Testimony , JUDICIAL TREATMENT OF NONEPIDEMIOLOGIC CAUSATION EVIDENCEIn Vivo Animal Toxicity Experiments; In Vitro Toxicity Experiments, Mechanistic Evidence, and Toxicogenomics; "WEIGHT-OF-THE-EVIDENCE"; DEFENSES; Statutes of Limitations; Statutes of Repose; Federal Preemption; Contributory and Comparative Fault and Assumption of Risk; SPECIAL TYPES OF TOXIC TORT LITIGATION; Claims Involving Pharmaceuticals; Claims Covered by Workers' Compensation and Federal Employers Liability Statutes; Claims Against Government Entities; Claims Under the Childhood Vaccine Act , Claims Resulting in Bankruptcy or Against Bankrupt EntitiesClaims Seeking Compensation for Increased Risk of Disease; Claims Seeking Medical Monitoring; THE FUTURE OF EPIDEMIOLOGY IN TOXIC TORTS; Scientific Advances: Genetic Epidemiology and the "Omics"; Implications for General Causation; Implications for Specific Causation; Continuing and New Legal Issues; Relative Risk Thresholds, Statistical Significance, and Power; Epidemiology, "Fit" and Accounting for the Individual; Thresholds, Single Hits, and "Any Exposure"; "Substantial Factor" Causation , "Reasonable Medical Certainty": Square Scientific Pegs in Round Legal Holes

Additional Edition: ISBN 9780124045842

Additional Edition: ISBN 0124045847

Language: English