A medical monitoring claim seeks the cost of surveillance for exposed but currently healthy plaintiffs. Elements typically require significant exposure to a proven hazardous substance, a resulting increased risk of serious disease, and the existence of a monitoring procedure that makes early detection beneficial.
Jurisdictions differ on whether present physical injury is required.
Alternative Names:
Medical Surveillance, Medical Monitoring Claim
Why it Matters?
Whether a state permits monitoring without present injury determines the viability of an entire claim category, and it is the threshold research question in any exposure matter. Where recognized, monitoring claims are attractive for class treatment because the remedy is uniform across the class, unlike personal injury damages. Defendants face the prospect of funding surveillance programs for large populations who may never become ill.
Frequently Confused with
Related terms
Frequently asked questions
Is present physical injury required?
Why are monitoring claims suited to class treatment?
