Clear Legal

View Original

B.S. Defence Argument #2

Delayed Onset / Delayed Diagnosis

Injuries are often processes rather than an event.  At the moment of injury, we may have a rush of adrenalin, masking some effects.  A torn ligament may just barely hold for a day or two after the injury, only to snap completely when doing a routine task.  Brain injuries continue to worsen for weeks, months, or years as dying cells poison and kill others.  Psychological and inter-personal effects take months or longer to recognise. 

 Injured athletes often play the rest of the game – maybe season – before their injuries are really noticed.  But we all saw the tackle, crosscheck, or foul that injured them days, weeks, months ago.

 Most first responders are concerned with Airway, Bleeding, and Circulation.  ER doctors want to save lives and discharge patients.  You may take a while to notice you’re not getting better.  Your GP may take a while to refer you to a specialist, or for tests.  It often takes months to see a specialist.  A year or so after the injury, someone finally diagnoses it.

 The defence argues that if there wasn’t a specialist at the scene, who immediately diagnosed all the injuries and effects, the victim is lying.  And all the doctors who later diagnosed the injuries or effect, were fooled by the criminal mastermind victim.

 It takes time to recognize some injuries. 

 B.S. on the other hand is obvious.