Dr. Frankenstein is a spinal surgeon. While performing surgery on Penelope Darling, he accidentally nicks Penelope's spinal cord. As a result, Penelope suffers a loss of mobility in her left leg. Penelope sues Dr. Frankenstein for negligence.

1. What would Penelope have to show in order to win against Dr. Frankenstein?

2. What could Dr. Frankenstein raise as a defense?

3. How would the standard of care be determined in this case?

4. In your opinion, who would win the case, Penelope or Dr. Frankenstein?