The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica

Stephen J. Carroll ; Lloyd Dixon ; James M. Anderson ; Thor Hogan ; Elizabeth M. Sloss

RAND Corporation

RAND Corporation

关键词: Economists;    Asbestos Litigation;    Courts;    Tort Law;    Expert Evidence;    Law and Business;    Mass Torts;   

ISBN  :  9780833049124
RP-ID  :  TR-774-ICJ

学科分类：自然科学（综合）

美国|英语

来源: RAND Corporation Published Research

【 摘 要 】

Litigation over injuries due to the inhalation of respirable silica dust in the workplace skyrocketed beginning in 2001, raising concerns that silica litigation would become a mass tort with similarities to the asbestos litigation that had occurred in the previous 30 years. However, the litigation collapsed soon after the discovery of numerous abuses in the procedures used to diagnose the injuries. The uncovering of grossly inadequate diagnosing practices was a significant success for the tort system in handling a mass tort. However, there is no guarantee that similar practices would be uncovered should they be used in the future. This report reviews the court proceedings that led to the uncovering of abusive diagnostic practices in silica litigation. It then identifies several areas in which changes in litigation practices and procedures could increase the likelihood that similar diagnosing practices would be uncovered in the future or prevented from occurring in the first place.