The Element of Alternative Liability
LEG300
Week 4
01/20/2014

The alternative theory is when two or more people commit and act of negligence and only one commits the actual injury.
I believe that the court should grant the parents the motion due to the fact that when Dr. Brady was called, did not ascertain the baby’s position and began using the forceps which then caused the baby brain injuries due to the amount of pressure that was being used to deliver the baby.
If Dr. Brady would have took the time to ask Dr. Cohn more about the baby and the status of the child rather than jumping to conclusions the child with have not had brain injuries. Also if Dr. Cohn had taken the time to properly explain the situation to Dr. Brady this issue would have never developed.
This shows that both Doctors were negligent to the welfare of the child, because before anyone can treat a patient they should always make sure that the know the history of the individual before they take any actions to attempt to help or in this case deliver the child.
These two doctors did not consider that actions could have been taking for there negligent actions. They did not consider the fact that a lawsuit could have been field against the hospital, themselves or the staff that helped deliver the baby.
A malpractice lawsuit could apply in this case to the damage done to the child and the affect it has on the child over all living condition for the rest of its life. It could be up to the judge or the courts if the doctors should be able to keep practicing medicine