Our Summary: Severe burns due to auto accident

Interesting Notes: Tommy's medical records, which were properly admitted into evidence at trial, paint a grim picture of a man critically injured and in great pain, at times heavily drugged, at times hallucinating, with little possibility of survival. Indeed, the discharge summary prepared by Tommy's physician after Tommy's death stated that “in spite of all [the medical] measures [drugs, respirator, etc.], the patient continued his downhill course.” We hold that this constitutes some evidence of “physical problems ... consistent with mental incapacity.”