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2 Tort & Med. Y.B. 335 (1962)
Sufficiency of Proof in Traumatic Cancer Cases

handle is hein.journals/tormedyb2 and id is 371 raw text is: Sufficiency of Proof in Traumatic Cancer Cases By GEORGE R. PARSONS, JR.* The factors used in establishing causation between trauma and cancer vary between the medical and legal professions. The author feels that the legal concept of causation is best satisfied by the sequence of events test, which results in a shifting of the burden of proof to the defendant. On the question of causation, see 1 Handling Acci- dent Cases, 559, 572-576, Causation: A Medico-Legal Battlefield; 1 Modern Trials § 96, Eye, Foreign Body, Causative of Cancer, 657-660 and § 97, Breast Cancer and Trauma, 660-666; and Eidman, The De- fense of Traumatic Cancer Cases, 9 Defense L.J. 59 (1961). D ISEASES OF OBSCURE ETIOLOGY raise persistent and frus- trating problems for the medical and legal professions. Cancer, for example, is especially frustrating to doctors be- cause it is the second leading cause of death in the United States., The judge is confronted with the problem of deter- mining whether a tortfeasor's conduct is responsible for a plaintiff's cancer. The workmen's compensation commissioner must decide whether cancer was caused, aggravated, or ac- celerated by an injury or accident arising out of and in the course of employment. With increasing frequency the courts will probably be asked to decide the liability of cigarette manu- facturers for their customers' lung cancers. * Member of the Board of Editors of the Cornell Law Quarterly. B.A. 1959, Wesleyan University; Class of 1962 Cornell Law School. I Adelson, Injury and Cancer, in PHYSICIAN IN THE COURTROOM 9 (Schroeder ed. 1954). 335

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