Emma's Negligence Case

In this scenario, a negligence case was fully established. Duty of care was established because the nurses went against their supervisors permission and proceeded to go on with the delivery. Instead, the nurses could have found another OBGYN or at least someone who has experience with delivering a baby instead of handling this situation themselves. This would have never lead to them getting stuck in a position where they didn't know what to do. If they asked for assistance or waited until the other OBGYN arrived, the forceps may have never needed to be used, and poor Emma wouldn't be suffering from facial nerve damage and cerebral palsy. Going along with the deliver because "they felt as though they could" and ignoring their supervisor establishes
Injury was established by the nurses choice of using forceps. The force applied to Emma's head during delievery caused her to suffer facial nerve damage and cerebral palsey. Thankfully, Emma was delivered successfully, but as a result of, she will forever grow up with brain damage. Causation goes along with injury, because if they never used the forceps than maybe Emma would not be suffering from brain damage. In addition, if the nurses just listened to their supervisor and waited until the OBGYN showed up, maybe none of them would have happened or even been a problem. Now Jim and Jane also have to suffer and pay for Emma's life long medical bills due to the negligenent actions of the nursing staff and medical center. Some many things in this scenario could have been done differently to avoid medical error. None of the medical professionals followed their responsibilities and a lawsuit definetely needs to be filed. In conclusion, if the medical center, the nursing staff, and Dr. Kay really cared for their patient, Jane, than they wouldn't be practicing on her to begin with. The hospital should have had stricter rules, and should have only gave this responsibility to nurses with
Assault was established when Clyde Barrow pointed the gun at Sherry Ann and held her at gunpoint until he got the remaining cash from the vault. Even though he did not specifically say he was going to shoot her, its automatically assumed if you have a gun pointed at your head. If she did not follow his direction, he could have shot her and that would of lead to her death. Therefore, she had to follow direction. On the other hand, when Barrow pointed the gun in a full circle though the lobby and told the customers to "get down and stay down". A threat of assault and battery were present but not imminent. The customers probably knew from common sense if they did not stay down, there was a possibility of shot from the robber - but still, they were not the ones who knew the combos to the vault nor were the ones held at gun point. Battery was simply present when Barrow shoved Sherry to the floor breaking her arm. He did this without her consent and it lead to her having physical damage. False imprisonment occurred when Sherry and the Customers had the gun pointed at them. They all felt as if they were trapped and could not get out of the siltation because of the risk of getting shot. They were stuck under Barrows demand, and did not have the right to move freely - everyone who was present in the bank felt stuck until the robber exited the building. Invasion of