An explanation that a birth injury was unavoidable is a causation position, and it is tested the same way any causation position is tested: against the record. A serious outcome
A life care plan is an organized projection of anticipated care needs and their costs for a person with catastrophic injury. In litigation involving a child with permanent neurological impairment,
The loss of a critical witness is not the same thing as the loss of the witness’s evidence, and it is not a license to treat everything the witness once
“Rescue liability” is not one question. It is at least two, and they run in opposite directions. The first asks whether the person who created the original danger is responsible
When catastrophic injury is followed by death within seconds or minutes, the estate’s claim for conscious pain and suffering cannot rest on the severity of the trauma or on the
The question is not simply whether someone was exposed to a hazardous substance. It is whether that exposure created a present, medically supportable need for surveillance different from ordinary care,
Yes, a defendant can benefit from an incomplete accident reconstruction, but the mechanism matters. The benefit does not come from a rule that evidentiary gaps favor defendants, and it does
A catastrophic truck collision does not simply produce a scene to be photographed and a vehicle to be inspected. It triggers a carrier’s own internal machinery: notification protocols, data-retention rules,
A delayed transfer to a higher-level trauma center does not become a viable litigation theory by the mere passage of time. The case must do considerably more: it must identify
A common but legally weak instinct treats missing evidence as proof of guilt: if the record is gone, the reasoning goes, it must have been bad for the party that
