Page 212 - Veterinary Toxicology, Basic and Clinical Principles, 3rd Edition

Toxicology and the Law Chapter | 11 179

VetBooks.ir “legal” diagnosis is appreciated by the court system. This must determine which facts are admissible as evidence
This distinction between a medical diagnosis and a
All facts are not admissible as evidence. The judge
and which are not admissible as evidence as a preliminary
distinction is stated for example in Wynacht:
There is a fundamental distinction between Dr. Z...’s abil- matter. Specifically, the judge must determine “the quali-
fications of a person to be a witness,” and “the admissibil-
ity to render a medical diagnosis based on clinical experi-
ity of evidence.”Rule 104, (a) The weight and credibility
ence and her ability to render an opinion on causation of
of the evidence is not determined at this preliminary
W.’s injuries. Beckman apparently does not dispute, and
stage. Rather “evidence relevant to weight or credibility”
the Court does not question, that Dr. Z is an experienced
is normally “introduce[d] before the jury.” Rule 104, (e)
physician, qualified to diagnose medical conditions and
A major factor used to determine the admissibility of
treat patients. The ability to diagnose medical conditions is
evidence is relevance. “Relevant evidence” and “material
not remotely the same, however, as the ability to deduce,
fact” are two phrases that are often used synonymously.
delineate, and describe, in a scientifically reliable manner,
“Relevant evidence” is “evidence having any tendency to
the causes of these medical conditions. Wynacht v.
make the existence of any fact that is of consequence to
Beckman Instruments, Inc. 113 F. Supp. 2d 1205, 1209
the determination of the action more probable or less
(E.D. Tenn. 2000).
probable than it would be without the evidence.” Rule
In short, the diagnosis reached in a routine medical 401 “[A]ll relevant evidence is admissible” with few
clinic is not always sufficient to meet a legal burden of exceptions. Rule 401 “Evidence which is not relevant is
persuasion. Similarly, a diagnosis reached in a routine not admissible.” Rule 402 For example, testimony that
veterinary clinic may not meet this burden either. the sky is blue may not be admitted as relevant, because
The legal burden of persuasion is different in civil and the color of the sky has no tendency to indicate that the
criminal cases. The burden in civil cases is often a pre- feed did, or did not, cause the toxicosis in the animals.
ponderance of the evidence or clear and convincing evi- The judge decides which facts are admissible as evi-
dence. A preponderance of the evidence is sometimes dence and which are not. The factors that influence the
referred to as “more likely than not.” Juries are sometimes judge’s decision on admissibility vary with the type of
instructed to consider a 51% persuasion standard. In a fact. Documents, specimens and testimony are three
civil case, the plaintiff has the burden of persuading the sources of fact that a party may desire to enter into
finder of fact—judge or jury—that his or her claim is evidence in toxicology cases.
valid with a preponderance of the evidence. Similarly, the
defense has the burden of persuading the finder of fact
that their defense is valid with a preponderance of the Documents
evidence.
The burden of persuasion in criminal cases is much Documents require authentication before they can be con-
higher. Here, the burden of persuasion is often referred to sidered as evidence. Document authentication is of
as “beyond a reasonable doubt.” The prosecutor has the increasing interest in many laboratories revisiting record
burden of persuading the fact finder—judge or jury— retention procedures. Authentication of documents is dis-
20
beyond a reasonable doubt, that the crime was committed cussed in Rule 901 of the Federal Rules of Evidence.
by the defendant. Conversely, the defendant raises “rea- Subsections of this rule specify the procedure for authen-
21
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sonable doubt” that the prosecution has met this burden. ticating public or ancient documents. A laboratory
The merits of both civil and criminal cases are argued will likely have additional influence on its record keeping.
based on evidence. Some evidence will require interpreta- For example, veterinary diagnostic laboratories are adopt-
tion. Interpretation of facts is one role of experts. The role ing ISO standards, contract research laboratories adhere
and types of evidence follow.
20. Rule 901 “The requirement of authentication or identification as a
condition precedent to admissibility is satisfied by evidence sufficient to
EVIDENCE
support a finding that the matter in question is what its proponent
Legal cases are decided based on an application of the claims.”
21. Rule 901 (7). “Evidence that a writing authorized by law to be
law to the facts of a particular case. A dispute about facts
recorded or filed and in fact recorded or filed in a public office, or a pur-
themselves or interpretation of those facts arises in many
ported public record, report, statement, or data compilation, in any form,
legal cases. Disputes of fact are decided by the trier of
is from the public office where items of this nature are kept.”
fact. The trier of fact is the judge in a bench trial. The 22. Rule 901(8). “Evidence that a document or data compilation, in any
trier of fact is the jury in a jury trial. The trier of fact form, (A) is in such condition as to create no suspicion concerning its
learns of these facts largely, if not entirely, through authenticity, (B) was in a place where it, if authentic, would likely be,
evidence. and r has been in existence 20 years or more at the time it is offered.”