Because of the use of forceps during his delivery, baby Adam received permanent brain injuries. The attending physician, Dr. Cohn, diagnosed the baby’s position as face down, while in fact the baby was face up. When babies are face up, the use of forceps is inappropriate. The forceps slipped off the baby’s head twice while Dr. Cohn attempted to deliver the baby. Dr. Brady was called, did not ascertain the baby’s position and, using the forceps, eventually delivered the baby. The parents claimed that both doctors negligently used forceps by applying too much compression pressure to the baby’s head, causing brain injuries. The parents settled with Dr. Cohn, and only Dr. Brady was a defendant at trial.
Write a one to two (1-2) page paper in which you decide if the court should grant the plaintiff parents their motion to shift the burden of proof with response to causation to Dr. Brady based on the alternative liability theory and defend your answer.
The specific course learning outcomes associated with this assignment are:
Distinguish defenses to negligence, including assumption of the risk, mitigation, and avoidable consequences.
Describe apportioning damages, compensatory, punitive, and nominal damages.
Define defamation, medical malpractice, and negligent misrepresentation, and apply them to factual situations.
Use technology and information resources to research issues related to law and the legal system.
Write clearly and concisely about issues in law and the legal system using proper writing mechanics