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1. Dr. Miller, an obstetrician, was enjoying a 25th anniversary celebration and had a few drinks. He arrived at the hospital and was seen staggering toward the delivery room. Ms. Marshall suggested that the on-call obstetrician be called to perform the delivery. Dr. Miller insisted that he was quite capable of delivering the baby and the on-call obstetrician was never called. During surgery, Dr. Miller accidentally nicked the patient's right thigh with a scalpel and caused a wound in the patient.
A. List all of the parties that are liable for negligence in this case. Do NOT list anyone that was not mentioned in the question.
B. Why are they liable? Apply the elements of negligent tort law to the facts of the case and state any applicable legal doctrine(s).
C. Notice that the question does not mention Ms. Marshall's professional role. How might her legal liability be different based on her role? (Again, think through the elements of negligent tort law.)
2. Provide 2 defenses against negligence claims and explain what they mean
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