Scenario 2: Contracts and Intentional Torts

Cheryl Hanachek, a resident of Boston, discovered she was pregnant during a strike called by the city's obstetricians in

protest against increasing malpractice insurance premiums for physician childbirth services

Ms. Hanachek first called Dr. Cunetto, who had been her obstetrician for the birth of her first child two years earlier. Dr.

Cunetto's receptionist informed Ms. Hanachek that Dr. Cunetto was unable to take any new patients because her practice

was "full". In fact, Dr. Cunetto had limited her practice due to her patient load. About two weeks later, Ms. Hanachek called

Dr. Simms, who had been recommended by her friends. Dr. Simms' receptionist told Ms. Hanachek that Dr. Simms was

not taking any new patients as his malpractice premiums were so high that he was even considering discontinuing his

practice. When Ms. Hanachek reported to the receptionist that she was having infrequent minor cramping, the receptionist

told her the receptionist told her that the cramping was "nothing to worry about at this stage." Later that night, Ms.

Hanachek was admitted to the hospital on an emergency basis. She was in shock from blood loss due to a ruptured

ectopic pregnancy. As a result of the rupture and other complications, Ms. Hanachek underwent a hysterectomy. She has

brought suit against Dr. Cunetto and Dr. Simms.

1. Write out the operative legal principles and elements. For example, if it is a malpractice scenario, identify and define the necessary elements (e.g. duty, breach of duty causation and damages).
2. As you begin to analyze the scenario, it is important to illustrate the legal principles by applying the facts of the scenario to the legal requirements. Try to have at least one to two facts to support each of the legal claims you make.