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A plaintiff who alleges that lack of oxygen during a botched delivery caused a child's cerebral palsy might have a new obstacle to proving causation, if juries give credence to a recent report commissioned by two major medical organizations.
The report, issued by the American College of Obstetricians and Gynecologists (ACOG) and the American Academy of Pediatrics (AAP), contains a model for determining if the neurological impairment originated at the time of labor and delivery ' which may have been caused by medical malpractice ' rather than having been caused by other factors, such as a pre-existing condition. The study contains four 'must' factors and five others of collective importance.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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