Assignment 2: Alternative to the But-For Test
Due Week 4 and worth 140 points
Based upon Battocchi v. Washington Hospital Center 581 A.2d759 (D.C.1990)
Because of the use of forceps during his delivery baby Adam received permanent brain injuries. The attending physician Dr. Cohn diagnosed the babys 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 babys head twice while Dr. Cohn attempted to deliver the baby. Dr. Brady was called did not ascertain the babys 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 babys head causing brain injuries. The parents settled with Dr. Cohn; only Dr. Brady was a defendant at trial.
Please read pp. 182-204 in your text book regarding Alternatives to the But-for Test which is used to test legal causation in a negligence case.
Write a two to three (2-3) page paper in which you: