Suppose a doctor prescribes a drug to a pregnant patient that doctors generally understand to be inappropriate for pregnant patients because of the risk of miscarriage and the patient does in fact suffer a miscarriage two weeks after receiving the drug.Fairly reliable evidence exists that this particular patient had about an 80% chance of suffering a miscarriage anyway.No evidence exists about the precise risk from taking the inappropriately prescribed drug because exceedingly few doctors have been stupid enough to prescribe that drug to pregnant patients.

If the law (hypothetically) gives $100,000 for a miscarriage that was clearly caused by a doctor's negligence, then (1) what would you predict the lawwouldaward in this case, and (2) what do you think the lawshouldaward in this case?