Demonstrate (through explanation and court case examples) how U.S.
Courts (with a focus on Georgia in particular) have treated the use of
the defense that the use of corticosteroids (inhaled and oral meds
--such as advair, ventolin and prednisone etc--used for long term and
emergency treatment of asthma) exacerbated bruising in any type of
battery, corporal punishment, child abuse or similar physical injury
type case. |
Request for Question Clarification by
pafalafa-ga
on
19 Jan 2006 16:44 PST
dd-ga,
When you say "US Courts", do you mean federal court cases only, or are
you also interested in state cases in Georgia?
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Clarification of Question by
dedicateddadga-ga
on
20 Jan 2006 10:06 PST
Most interested in Georgia courts, but if there is a shortage of info
there, then also interested in what other state courts or federal
courts have had to say on cases where this was used as a defense or
mitigating factor in a case of apparent injury to another.
Thanks.
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Request for Question Clarification by
pafalafa-ga
on
20 Jan 2006 17:33 PST
I have reviewed both federal and state case law, but did not find
anything directly relevant to this topic.
Do you have reason to believe that there have been case where this
defense has been offered? If so, it would help to have some more
details.
I did find cases where the complaint was that the medications you
listed were themselves a cause of injury -- many of these were medical
malpractice cases.
I also came across many defendant's who argued that an injured party
(often, a child0 bruised easily, either due to a medical condition, or
drug use, or just as the natural state of affairs for this individual.
But nothing in case law tied together the drugs you listed with an
explanation for someone's bruised or injured condition.
Please let me know your thoughts on all this, at this point.
pafalafa-ga
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Clarification of Question by
dedicateddadga-ga
on
20 Jan 2006 21:18 PST
If you cannot find court cases where this particular type of drug was
part of the defense argument, then the cases or info you refer to in
this statement would possibly be helpful:
I also came across many defendant's who argued that an injured party
(often, a child0 bruised easily, either due to a medical condition, or
drug use, or just as the natural state of affairs for this individual.
We would like specifics on their arguments and how they were received
by the judges/juries if possible.
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