While being treated for his injuries, his injuries were exacerbated by the negligent medical treatment of the appellant, Mahony. AREAS SERVED INCLUDE: Dallas | Fort Worth | Plano | Irving | Garland | Mckinney | Frisco | Carrollton | Flower Mound | Grande Prairie | Grapevine | Haltom City | Coppell | Southlake | And throughout the state of Texas. While these vans are a convenient way to transport groups of people, larger vehicles require a greater degree of driving skill to operate safelyparticularly when fully loaded with passengers [], Theres a lot of confusion about Texas U-turn laws. It was held that there was no novus actus as a result of medical treatment of injuries caused by the defendants negligence, unless such treatment is inexcusably bad or completely outside the bounds of what a reputable medical practitioner might prescribe.[12]. In other words, a defendant may injure someone who is very sturdy, and who heals very quickly. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The eggshell skull rule is a doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligence. 2008). They have no pertinence to the issue of whether, once that contact has occurred, the defendant is responsible for whatever adverse consequences the plaintiff sufferswhether they are foreseeable or not. Id. Gulisano Law, PLLC. That means that even when the victim has a previous injury or is in the middle of a treatment at the time of the car accident (or another incident), they may still be entitled to compensation. The name comes from the analogy of a plaintiff having a skull as . If the result of an accident is that a ten year old boy reacts to his parents concern over his injuries and develops an hysterical condition, no reason of justice, morality or entrenched principle appears to me to prevent his recovery of compensation.". His predisposition to cancer did not matter, nor did the results of the injury. For instance, the judge or jury might find these damages to be unforeseeable. However, with the right legal firm, you can pursue securing the financial justice that you deserve. ;26?AB827",o="";for(var j=0,l=mi.length;j Chef Michael Caines Wife, Ash Hodges, Articles E