Dr. Hart is a board certified obstetrician. His patient Mrs. Scott is pregnant with her second...

Dr. Hart is a board certified obstetrician. His patient Mrs. Scott is pregnant with her second baby. When Mrs. Scott gave birth to her first baby, Dr. Hart was the doctor who delivered her baby. At that time, Mrs. Scott had a very difficult delivery because her first baby was a very big baby compared to other babies. Mrs. Scott tells Dr. Hart that she is afraid that her second baby will also be big and that if the delivery is difficult, she may need a Caesarean section. Dr. Hart assures her that he will do whatever is needed to take care of her.

Mrs. Scott is ready to give birth to her second baby. While on the hospital delivery bed, Mrs. Scott is struggling with the delivery again. For hours, Dr. Hart keeps asking Mrs. Scott to push harder. However, when the baby is born, the baby is partially brain damaged and partially paralyzed. Later, it is discovered that if Mrs. Scott had undergone the Caesarean Section in time, the baby would have been born without brain damage or paralysis.

Is Dr. Hart negligent? You must discuss all four elements of negligence and how each element is satisfied or not satisfied in this case. Also, you must discuss what is the standard that will be used in a situation like this when a professional person is sued for negligence.

Supplemental materials:

Unintentional Torts (Negligence)

1. Duty of Reasonable Care: Did the person or the business (Defendant) owe duty of Reasonable Care to plaintiff?

2. Breach of duty of Reasonable Care: did the defendant breach that duty of REASONABLE CARE?

3. Causation: Did the defendant’s breach cause the plaintiff’s injury?

4. Damage: Did the plaintiff suffer a legally recognizable injury as a result of the defendant’s breach of the duty of care?

Expert Solution

1. Duty of Reasonable Care: Did the person or the business (Defendant) owe duty of Reasonable Care to plaintiff? - yes, It was Dr. Hart's responsibility to ensure health and safety of Mrs. Scott and her unborn child.

2. Breach of duty of Reasonable Care: did the defendant breach that duty of REASONABLE CARE? - yes. Mrs. Scott's first delivery was problematic as the baby was larger than average newborn baby size. Also, the same doctor, Dr. Hart had done the first delivery. Therefore, he must have been extra cautious in this case, Take immediate decision about Caesarean rather than causing undo damage and delay,

3. Causation: Did the defendant’s breach cause the plaintiff’s injury? - Yes, as the baby born is injured at the head, i.e. the brain is partially damaged. This will cause the child to be partially paralysed and lead a very dependent and unhealthy life.

4. Damage: Did the plaintiff suffer a legally recognizable injury as a result of the defendant’s breach of the duty of care? - Yes. The damage to the brain of the child is permanent and will be forever partially paralyzed.

keosha answered 3 months ago

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