Too Many Probabilities: Statistical Evidence of Tort Causation

Barnes, David W.

Journal: Law and Contemporary Problems

Volume: 64

First Page: 191

Year: 2001

Bluebook Citation: 64 LAW & CONTEMP. PROBS. 191 (2001)

Author: David W. Barnes: all 22 publications


Abstract

Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method.

This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.

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