On Evidence, Medical and Legal

Journal of American Physicians and Surgeons, Volume 10, Number 3, Fall 2005

6 Pages Posted: 29 Dec 2017

See all articles by C G Miller

C G Miller

Clifford Miller

Donald W. Miller, Jr.

University of Washington - Cardiothoracic Surgery

Date Written: July 1, 2005

Abstract

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time.

In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an 'art of probabilities, or at best, a science of uncertainty'.

One can better practice medicine by using other evidentiary standards in addition to the scientific. To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias.

Suggested Citation

Miller, C G and Miller, Jr., Donald W., On Evidence, Medical and Legal (July 1, 2005). Journal of American Physicians and Surgeons, Volume 10, Number 3, Fall 2005, Available at SSRN: https://ssrn.com/abstract=3092731

C G Miller (Contact Author)

Clifford Miller ( email )

Kingfisher House
21-23 Elmfield Road
Bromley, Kent BR1 1LT
United Kingdom

Donald W. Miller, Jr.

University of Washington - Cardiothoracic Surgery ( email )

Box 356340
1925 N.E. Pacific Street
Seattle, WA 98195-6340
United States

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