A defense against the eggshell plaintiff rule is the crumbling skull rule. The crumbling skull rule seeks to rebut the eggshell plaintiff rule by alleging that the harm incurred by the victim was inevitable and the defendant’s actions only had a minimal effect upon the already deteriorating circumstances. For example, a dying patient is treated improperly by a doctor. Under the crumbling skull rule, the doctor would still not be liable for the death of the patient because the doctor’s negligence was not the cause of the patient’s death or deteriorating health, but rather the patient’s deterioration was the inevitable result of his pre-existing illness. The crumbling skull rule seeks to deny causation between the defendant’s actions and the victim’s injuries.
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This entry was posted on Monday, February 15th, 2010 at 10:01 pm and is filed under Personal Injury, Uncategorized, Wrongful Death. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
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