Evidence: Its Meanings in Health Care and in Law
Journal of Health Politics, Policy and Law
Special Issue Overview
In April 2000, the Agency for Healthcare Research and Quality (AHRQ) and the Institute of Medicine (IOM) hosted an expert meeting, "Evidence: Its Meanings and Uses in Law, Medicine and Health Care," to explore the differences in how scientists, clinical practitioners, judges, legal scholars, and juries interpret and use evidence. Participants included attorneys, judges, legal researchers, policymakers, physicians, and health services researchers.
As the participants in the workshop came to realize, the concept and attributes of "evidence" depends on where one sits. Although time-honored legal and medical science interpretations of "evidence" were recognized, it was also acknowledged that the legal system and the health care system would each benefit from sustained efforts of mutual education of practitioners from both fields.
A Special Issue of the Journal of Health Politics, Policy and Law, entitled "Evidence: Its Meanings in Health Care and in Law," was dedicated to thoughtful and provocative discussions of how "evidence" is defined and used in medicine and the law. The issue answers such questions as: How are courts dealing with clinical practice guidelines? How can the courts' use of medical evidence improve health care? How do privacy concerns fit into the evidence debate?
Electronic versions of the articles are provided in two formats: HTML documents and PDF Files. Also note Copyright Constraints on all materials provided.
Editor's Note ( PDF version - 20.37 KB)
Mark A. Peterson
Evidence: Its Meanings in Health Care and in Law, Workshop Summary ( PDF version - 80.08 KB)
Clark C. Havighurst, Peter Barton Hutt, Barbara J. McNeil, and Wilhelmine Miller
An Epistemologist in the Bramble-Bush: At the Supreme Court with Mr. Joiner ( PDF version - 127 KB)
Proof and Policy from Medical Research Evidence ( PDF version - 634.73 KB)
Cynthia D. Mulrow and Kathleen N. Lohr
Expertise in Law, Medicine, and Health Care ( PDF version - 97.85 KB)
Daniel W. Shuman
Cost-Effectiveness Analysis in the Courts: Recent Trends and Future Prospects ( PDF version - 24.94 KB)
Peter D. Jacobson and Matthew L. Kanna
Evidence-Based Medicine and the Law: The Courts Confront Clinical Practice Guidelines ( PDF version - 153.67 KB)
Arnold J. Rosoff
What Does Evidence Mean? Can the Law and Medicine Be Reconciled? ( PDF version - 55.12 KB)
John M. Eisenberg
Commentary—Cost-Effectiveness Analyses: Making a Pseudoscience Legitimate ( PDF version - 24.94 KB)
Commentary—The Use of Evidence and Cost Effectiveness by the Courts: How Can It Help Improve Health Care? ( PDF version - 82.85 KB)
David M. Eddy
Commentary—From the Clinics to the Courts: The Role Evidence Should Play in Litigating Medical Care ( PDF version - 81.24 KB)
E. Haavi Morreim
Commentary—Demystifying the Law/Science Disconnect ( PDF version - 45.71 KB)
Michelle M. Mello and Troyen A. Brennan
Commentary—The Politics of Evidence-Based Medicine ( PDF version - 35.82 KB)
Marc A. Rodwin
Exchange of Views
Too Much Privacy? Or Not Enough? An Exchange on The Limits of Privacy ( PDF version - 33.64 KB)
James A. Morone
Response to Professor James A. Morone ( PDF version - 19.41 KB)
Review Essay: Genetic Testing is Different
Ellen Wright Clayton
Genetic Testing for Alzheimer Disease: Ethical and Clinical Issues, by Stephen G. Post and Peter J. Whitehouse, eds.; Promoting Safe and Effective Genetic Testing in the United States: Principles and Recommendations, by the Task Force on Genetic Testing, NIH-DOE Working Group on Ethical, Legal, and Social Implications of Human Genome Research
The articles contained in this Special Issue were originally published in the Journal of Health Politics, Policy and Law. All rights reserved. This material may be saved for personal use only, but may not be otherwise reproduced, stored, or transmitted by any medium, print or electronic, without the explicit permission of the copyright holder. Any alteration to or republication of this material is expressly prohibited.
It is a violation of copyright law to reproduce any copyrighted information from this publication without first obtaining separate permission directly from the copyright holder who may charge fees for the use of such materials. It is the responsibility of the user to contact and obtain the needed copyright permissions prior to reproducing materials in any form.
Permission requests should be directed to:
Duke University Press
Durham, NC 27708
Fax: (919) 688-3524