Tort Law

Tort Law

The Element of Alternative Liability
Due Week 4 and worth 120 points Because of the use of forceps during his delivery, baby Adam received permanent brain injuries. The attending physician, Dr. Cohn, diagnosed the baby?s 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 baby?s head twice while Dr. Cohn attempted to deliver the baby. Dr. Brady was called, did not ascertain the baby?s 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 baby?s head, causing brain injuries. The parents settled with Dr. Cohn, and only Dr. Brady was a defendant at trial.
Write a one to two (1-2) page paper in which you decide if the court should grant the plaintiff parents their motion to shift the burden of proof with response to causation to Dr. Brady based on the alternative liability theory and defend your answer.
Your assignment must:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the tile of the assignment, the student?s name, the professor?s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
Distinguish defenses to negligence, including assumption of the risk, mitigation, and avoidable consequences.
Describe apportioning damages, compensatory, punitive, and nominal damages.
Define defamation, medical malpractice, and negligent misrepresentation, and apply them to factual situations.
Use technology and information resources to research issues related to law and the legal system.
Write clearly and concisely about issues in law and the legal system using proper writing mechanics
Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, using the following rubric.
Assignment 2: The Element of Alternative Liability
Criteria 0
Unacceptable 40
Developing 60
Competent 80
Exemplary
1. Decide if the court should grant the plaintiff parents their motion to shift the burden of proof with respect to causation to Dr. Brady based on the alternative liability theory and defend your answer. Did not complete the assignment or did not decide if the court should grant the plaintiff parents their motion to shift the burden of proof with respect to causation to Dr. Brady based on the alternative liability theory and defended your answer; omitted information and/or included irrelevant information. Completed with less than 60% accuracy, thoroughness, and logic. Partially decided if the court should grant the plaintiff parents their motion to shift the burden of proof with respect to causation to Dr. Brady based on the alternative liability theory and defended your answer; omitted some key information. Completed with 60-79% accuracy, thoroughness, and logic. Sufficiently decided if the court should grant the plaintiff parents their motion to shift the burden of proof with respect to causation to Dr. Brady based on the alternative liability theory and defended your answer. Completed with 80-89% accuracy, thoroughness, and logic. Fully decided if the court should grant the plaintiff parents their motion to shift the burden of proof with respect to causation to Dr. Brady based on the alternative liability theory and defended your answer. Completed with 90-100% accuracy, thoroughness, and logic.
Criteria 0
Unacceptable 10
Developing 15
Competent 20
Exemplary
2. Clarity Did not complete the assignment or explanations are unclear and not organized. (Major issues) Explanations generally unclear and not well organized. (Many issues) Explanations generally clear and /or organized. (Minor issues) Explanations very clear and well organized. (Added helpful details)
3. Writing ? Grammar, sentence structure, paragraph structure, spelling, punctuation, and APA usage, if required. Did not complete the assignment or had 8 or more different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, and APA usage, if required. (Major issues) Had 6-7 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, and APA usage, if required. (Many issues) Had 4-5 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, and APA usage, if required. (Minor issues) Had 0-3 different errors in grammar, sentence structure, paragraph structure, spelling, punctuation, and APA usage, if required.
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