Chapter 16 - MEDICAL CAUSATION
The defense hired a pediatric pulmonology expert.
Good.
He reviewed everything.
His conclusions:
Elodie has genuine asthma.
Anxiety may amplify perceived breathlessness at times.
Controller adherence appears inconsistent.
The final hospitalization involved a viral trigger.
It is impossible to state with medical certainty that Bernice’s altered dosing caused that specific admission.
Correct.
Then:
Briefly delaying rescue inhaler in mild symptoms is not automatically harmful if consistent with a physician-approved action plan.
Also correct.
But Bernice did not have such authority.
Then prosecution expert:
Deliberately reducing scheduled controller medication and concealing the change increases risk.
Making a child exercise to “test” breathing during symptoms can be unsafe.
Removing/allowing oxygen interruption against hospital instructions inappropriate.
No evidence Bernice intended serious injury.
Good.
The criminal case narrowed.
Felony reckless endangerment?
Maybe.
Misdemeanor medical neglect?
Strong.
Falsification of private log not necessarily standalone criminal offense.
Interference with medical care.
The prosecutor eventually charged:
One felony child-endangerment count based on sustained intentional deviation plus concealment.
One misdemeanor count related to hospital physical handling.
One misdemeanor medical-neglect count.
No assault? Pulling causing fall may fit battery, but child endangerment covers.
Bernice pleaded not guilty.
Trial scheduled.
Before trial she sent one letter through attorneys.
Griffin,
I was wrong to change the controller medication without Patel.
Good.
Then:
I still believe you sometimes panic and teach Elodie to fear symptoms.
There.
Not complete.
Then:
Both can be true.
That was irritatingly fair.
I wrote no reply.
May you like
My job was not to make her insight perfect before court.
Court was coming.
