Quackery has been around since civilized society began. The term "quack" is often used to describe a person who misrepresents the physical condition of his patient, the.
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On February 26, 2021, the Massachusetts Supreme Judicial Court (SJC) clarified the standard to be used for factual causation in multiple defendant tort actions. The SJC’s opinion in
Doull v. Foster, 487 Mass. 1 (2021), changed the standard for factual causation from the confusing “substantial contributing factor” test to the more straightforward “but for” causation standard.
The SJC differentiated cases with multiple sufficient causes, such as asbestos and other toxic tort matters, due to the difficulty in establishing “which particular exposures were necessary to bring about the harm.” [
Doull at p. 14]. The Court did, however, leave open the possibility that it may also replace the “substantial factor” test in those cases as well. This potential for a new causation standard has created tremendous uncertainty as to which standard will be used for toxic tort cases in Massachusetts going forward.