You may already be familiar with the infamous “trolley problem” from memes or games: A trolley speeds down the tracks, about to kill five people tied to the tracks. You, a lever in hand, may choose to switch the trolley to a different track where only one person is tied to the track. Should you pull the lever to kill one and spare five? With the rise of smart cars, maybe a more practical question for manufacturers and designers would be, would your customer buy a car that could potentially kill five pedestrians to save one driver?
Here’s a quick summary of our case: Pregnant with a large baby, the plaintiff was under the care of the defendant, a family physician. During the final stage of the delivery, the baby’s shoulder became lodged in the mother’s pelvis, a condition known as shoulder dystocia. To deliver the baby, the baby’s arm was broken. The baby was also asphyxiated during the onset of shoulder dystocia, and the asphyxiation eventually lead the baby to develop cerebral palsy. The plaintiff says that the damage to the baby was caused by the defendants’ negligence. They question if our defendant should have anticipated shoulder dystocia and whether she should have consulted with another specialist before the final stage of the delivery.