Patry v. Capps

The frustration expressed in this dissent is not aimed at my colleagues. I know that they have reluctantly reached this decision because, after a thorough analysis, they have concluded the law compels them to reach this result. My frustration is aimed at a framework of statutes and case law which forces fair and practical jurists to reach a result that is neither fair nor practical.

Chad M. Patry was born on May 30, 1988. He suffers from cerebral palsy and quadriplegia. Dr. William L. Capps delivered this child by Caesarian section after Mrs. Patry experienced difficulties during labor.

Although…