Susan Nittrouer, Meganne Muir, Kierstyn Tietgens, Aaron C Moberly, Joanna H Lowenstein
Development of Phonological, Lexical, and Syntactic Abilities in Children With Cochlear Implants Across the Elementary Grades
Journal of speech, language, and hearing research : JSLHR
conventional approach causation negligence test decided balance probabilities even supplemented material contribution principle satisfying onus proof causation insuperable obstacle plaintiffs particularly medical cases yet found breach duty courts sympathies may gravitate toward plaintiff point case accordingly courts sometimes accepted relaxation strict causation principles judicial devices described special principle causation particular duties care shifting burden proof bridging evidentiary gap drawing robust inference causation treating material increase risk sufficient proof causation permitting causation established basis loss material chance achieving better outcome discounting damages accident compensation corp v ambros 2007 nzca 304 new zealand court appeal recognised need legal device ameliorate injustice sometimes caused strict rules causation preferred inferential reasoning approach favoured canadian common law use context accident compensation scheme hoped new zealand supreme court approves ambros opportunity arises