Evidence: Clear and Convincing Proof: Appellate Review

Solving the medical malpractice crisis: use a clear and convincing evidence standard.

The medical malpractice crisis has smoldered for many years with few new ideas regarding how to improve matters. Physicians promote limits on plaintiff noneconomic damages, but this has been ferociously resisted by the legal community. They argue that limiting remuneration to patients harmed by negligent practices is fundamentally wrong. We hypothesize that malpractice litigation is out of cont...

Convincing evidence of tropical forest decline.

In a recent issue of PNAS, Grainger (1) claimed that the evidence for decline of global tropical forests is ‘‘unclear’’ and that it is difficult to demonstrate that it is happening ‘‘convincingly using available tropical forest area data.’’ We agree with most of the article, yet we feel these statements overstate the uncertainty about tropical deforestation. His assessment is based only on the ...

Carcinogenicity of asbestos: convincing evidence, conflicting interests.

In spite of hard epidemiological and clinical evidence associating asbestos fibre with asbestosis and cancer, the issue is controversial and likely to remain so. The focus is now shifting to non-occupational exposure, differential risk to various asbestos fibre types and the relatively low level of carinogenicity of the chrysotile form. This creates further space for scientific debate and the o...

The Sell effect: involuntary medication treatment is a "clear and convincing" success.

The Supreme Court ruling Sell v. United States in 2003 (539 U.S. 166) set a new precedent by mandating federal judges function as decision makers on the issue of whether "nondangerous" incompetent defendants charged with federal crimes can be involuntarily medicated to restore their competency to stand trial. To provide data to inform future opinions by mental health professionals and decisions...

Still no convincing evidence for cognitive map use by honeybees.