Question
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.
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.
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