Today’s edition of “Spot the Logical Fallacy” comes from the medicolegal world:

1) A pregnant mother who had a prior Caesarean section now wants to deliver her next baby at home.

2) Her obstetrician warns her that it’s dangerous and advises the she have the baby in a hospital.

3) The mother ignores her doctor’s advice and has a home birth anyways.

4) The baby is born with “severe brain damage”.

5) The doctor gets sued. According to the article, “Plaintiffs told prospective jurors earlier this week that they are seeking more than $13 million in damages.”

Question: Can you spot the logical fallacy in the plaintiff’s case? More importantly, will the jury?

Answer: The doctor’s defense lawyer correctly states, “[T]he physician should not be held accountable ‘for choices she didn’t make, and for choices she counseled against.’”

Extra credit question: Would this sort of thing increase or decrease medical costs?

Thank you all for playing!