Specificity of Association and Apportionment
Most medical conditions are multifactor in etiology; ie,
they are reflective of more than one physiologic or environmental process.
Evaluation of the results of epidemiologic studies via regression analysis
(which weighs the contribution of various factors both individually and the
combination on a given event or events) provides data that can be applied when
reaching conclusions regarding the degree to which one would expect a given
factor to contribute to the medical condition under evaluation but never can
provide definitive answers regarding apportionment.
It is
impossible to accurately evaluate to what extent a given factor or exposure was
the contributing cause in a multifactorial disease process. Likewise, in
certain situations (such as heart disease), the genetic predisposition of the
affected individual is a considerable, if not primary, determinant of
causality. Assessing the specificity of association is consequently often the
most difficult aspect of causality analysis.
There is
a great deal of legal terminology focused on establishing, and labeling, the
degree to which an event or injury has led to a particular outcome. The legal
determination of causality uses, but does not necessarily rely upon, the
medical evidence that supports or refutes a casual relationship between a given
event and outcome. Furthermore, it is often societal decision, and not
scientifically required to reach conclusions about the presence or absence of a
casual relationship. Using the legal definitions of causality, a relationship
between an event and a given outcome is classified as “probably” or “possible.”
It is probable if the chance of them being related is greater than 50%. It is
possible if the chance of a relationship is deemed to be less than 50%. The
skill of the attorneys arguing the case, the credibility of the claimant and
his or her physician, the ability of the medical expert to present the medical
information regarding causality, and the existence of case law (which may have
established the de facto existence of a casual relationship unless definitively
proven otherwise) all influence the ultimate determination. Statements are
often made regarding the probability or possibility of a causal relationship
between an event and an outcome in the absence of an objective epidemiologic or
biologic rationale for the determination. While the Supreme Court, in Daubert
case, held that testimony must be grounded in the methods and procedures of
science and based on more than simply subjective belief or unsupported
speculation to be held as relevant and reliable, this standard is not routinely
used in many jurisdictions. Thus the use of the legal terminology alone can
imply a degree of certainty that may be completely unfounded.
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