Medical scientific testimony is often expressed in terms of two different probabilities: 1. The increased probability of harm if a person is exposed, for example, to a toxin. 2. The observed relationship is an artifact of the experimental method. This article demonstrates that neither probability, taken alone or together, measures whether the "preponderance of the evidence" test is met.
David W. Barnes,
Too Many Probabilities: Statistical Evidence of Tort Causation,
64 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol64/iss4/8