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What’s on Their Minds: Is Foreseeability of Injury Part of the Calculus of Duty Owed in a Medical Malpractice Case? Cromer v. Children’s Hospital. — 1 Comment

  1. How It Looks From the Real Cheap Seats:

    Unfortunately, tort law analysis might have been at the fore during oral arguments, but such does not necessarily lead to the “proper” result from this Court. The position of the OSMA and OHA amici almost perfectly portends the outcome, as demonstrated by this Court’s decisions over more than a decade. If you want to see an illiustrative example of that look, not at Cromer, but at Comer. The decision is based on defective analysis and rationale that any tort class law student should be able to identify. This Court may engage in the intellectual give and take over tort concepts during oral arguments, but has not been constrained by them in deciding who wins.