What is the standard of reasonable medical probability in asbestos litigation?

California, United States of America


The following excerpt is from Lineaweaver v. Plant Insulation Co., 31 Cal.App.4th 1409, 37 Cal.Rptr.2d 902 (Cal. App. 1995):

Although the standard of "reasonable medical probability" was adopted in one decision involving a carcinogenic pharmaceutical (Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402, 209 Cal.Rptr. 456), it represents a new approach to causation in asbestos cases, and one which finds no close precedent in other jurisdictions. The language is poorly suited to this area of litigation, which is marked by formidable problems of proof because of the delayed onset of symptoms and the typical industrial environment involving multiple exposures to various asbestos products over a period of time. An injured plaintiff's case against a particular supplier commonly rests on vague and fading memories and more or less tenuous circumstantial evidence. A standard requiring "reasonable medical probability" threatens to raise unreasonable practical obstacles to the plaintiff's prospects of recovery. In the case at bar, I do not think Lineaweaver presented evidence satisfying such a standard.

Other Questions


Can a defendant be denied relief under the federal reasonably probable standard or state reasonably probable? (California, United States of America)
What is the test for a reasonable probability of a more favourable result under the reasonable beyond reasonable doubt standard? (California, United States of America)
What is the test for "probable and reasonable" or "reasonably foreseeable" in addressing the natural and probable consequences of climate change? (California, United States of America)
Is there a distinction between a reasonable medical probability and a medical possibility? (California, United States of America)
What is the standard of proof for a prosecutor to argue that a reasonable doubt standard is reasonable? (California, United States of America)
Is there a reasonable probability that there was no reasonable probability of error affecting a result? (California, United States of America)
What is the difference between the "no reasonable possibility" standard and the "harmless beyond a reasonable doubt" standard? (California, United States of America)
What is the test for evidence that the appellant could reasonably reasonably reasonably expect the appellant to have knowledge of a crime? (California, United States of America)
What is the standard for reasonable diligence in medical malpractice cases? (California, United States of America)
How have courts treated the "reasonable person" standard in the context of the reasonable person test? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.