Assignment 2: Alternative to the But-For TestBased upon Battocchi v. Washington Hospital Center, 581 A.2d759 (D.C.1990)Because of the use of forceps during his delivery, baby Adam received permanent brain injuries. The attending physician, Dr. Cohn, diagnosed the babys 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 babys head twice while Dr. Cohn attempted to deliver the baby. Dr. Brady was called, did not ascertain the babys 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 babys head, causing brain injuries. The parents settled with Dr. Cohn; only Dr. Brady was a defendant at trial.Please read pp. 182-204 in your text book regarding Alternatives to the But-for Test which is used to test legal causation in a negligence case.Write a two to three (2-3) page paper in which you:Describe the theory of multiple sufficient causes as an alternative to the but-for test.
Decide whether the plaintiff or the defendant traditionally has the burden of proving the defendants tortious conduct was a factual cause of the plaintiffs harm.
Describe the effect of the Court granting the plaintiffs motion to shift the burden of proof regarding causation to Dr. Brady.
Describe whether or not Dr. Bradys burden of proof re: his innocence is made difficult by the fact that Dr. Cohn settled outside of court without admitting fault.
Format your assignment according to these formatting requirements:
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 title of the assignment, the students name, the professors name, the course title, and the date. The cover page and the reference page are not included in the required page length.