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VetBooks.ir Chapter 11

Toxicology and the Law

Michael J. Murphy

INTRODUCTION cross-examination.” 3 Hopefully this chapter can be at
least partially useful preparation.
Much of the law of admissibility of scientific expert testi-
This chapter uses a hypothetical example of legal
mony has arisen from legal cases involving the discipline of
issues that may arise in an animal toxicosis case to illus-
toxicology. Consequently, toxicology has influenced the
trate application of the law. It is intended to introduce tox-
legal standards by which scientific expert testimony is icologists and other scientists to a broad overview of some
1
admitted in a legal venue. Theoccurrenceof medical sci-
of the legal issues that may arise when a medical case
ence in the courtroom has recently been reported in the becomes a “legal case.” This chapter is not, and is not
introduction to the Reference Guide to Medical Testimony: 2
intended to be, a comprehensive review of the law.
Physicians are a common sight in today’s courtroom. A sur- Neither is it intended to provide an outline of steps to take
vey of federal judges published in 2002 indicated that medi- for a particular case in a particular jurisdiction or to pro-
4
cal and mental health experts constituted more than 40% of vide any legal advice.
the total number of testifying experts: This chapter primarily relies on the Federal Rules of
5
1. Medical evidence is a common element in product Evidence, and limited case law, to identify issues that
liability suits, may arise when the findings of a medical diagnosis are
2. Workers’ compensation disputes, used in the courtroom. It focuses on the admissibility of
3. Medical malpractice suits, and expert testimony in a legal proceeding. However, the rea-
4. Personal injury cases. sons for conducting toxicology analyses, jurisdiction,
5. Medical testimony may also be critical in certain standard of proof, and evidence are briefly summarized to
kinds of criminal cases. provide context for the role of expert testimony. The
6. The goal of this reference guide is to introduce the basic chapter concludes with some questions one may contem-
concepts of diagnostic reasoning and clinical decision plate when analyzing a toxicology case having “legal”
making, as well as the types of evidence that physicians implications.
use to make judgments as treating physicians or as
experts retained by one of the parties in a case.
Veterinarians and veterinary specialists, including tox-
icologists, are also called upon to provide medical evi-
3. “Introduction--Stephen Breyer.” National Research Council. 2011.
dence. Justice Breyer has stated “[w]e also need to know
Reference Manual on Scientific Evidence: Third Edition. Washington, DC:
how best to prepare a scientist for the sometimes hostile
The National Academies Press. doi: 10.17226/13163. See also Laura L.
legal environment that arises during depositions and
Hooper et al., Neutral Science Panels: Two Examples of Panels of Court-
Appointed Experts in the Breast Implants Product Liability Litigation
93 98 (Federal Judicial Center 2001); Barbara S. Hulka et al., Experience
of a Scientific Panel Formed to Advise the Federal Judiciary on Silicone
1. Venue. The particular county, or geographical area, in which a court Breast Implants, 342 New Eng. J. Med. 812 (2000).
with jurisdiction may hear and determine a case. Black’s Law 4. Jurisdiction. It is the power of the court to decide a matter in contro-
Dictionary. versy and presupposes the existence of a duly constituted court with con-
2. “Reference Guide on Medical Testimony--John B. Wong, Lawrence trol over the subject matter and the parties.
O. Gostin, and Oscar A. Cabrera.” National Research Council. 2011. 5. Issue. A single, certain, and material point, deduced by the allegations
Reference Manual on Scientific Evidence: Third Edition. Washington, and pleadings of the parties, which is affirmed on the one side and
DC: The National Academies Press. doi: 10.17226/13163. denied on the other.

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