This section contains the nature of the case and procedural background.

P was admitted to Fairfax Hospital in active labor, and D was notified of her admission. Upon admission to the hospital, P signed a form that authorized and/or other members of the Medical Staff of The Fairfax Hospital of his choice, to perform diagnostic or therapeutic medical and surgical procedures on and to administer anesthetics to P. About 12 hours later, P's fetal membranes were artificially ruptured at 8:50 p.m., and at about 10:00 p.m., she was 'pushing with contractions.' At 10:15 p.m., D ordered that P be taken to the delivery room. P made a few, but unsuccessful, attempts to 'push' the baby through the birth canal with her abdominal muscles. When P's attempts to 'push' were unsuccessful, D told her that he was going to use forceps to deliver the baby. Ms. Rizzo testified that 'before I could even get my composure together, ask what they were for, why, [the forceps] were inside me. And my son's head was out, just the head.' Michael (P) was born about 10:30 p.m. About one and one-half hours later, he began to look pale. He was transferred to the intensive care nursery for evaluation. It was determined that he had a subdural hematoma. Dr. French, as well as Dr. Mark C. Arner, a physician who practices obstetrics and gynecology, testified that Michael's subdural hematoma was caused by trauma associated with the use of the forceps. Dr. Lawrence T. Taft, who qualified as an expert witness on the subjects of rehabilitative medicine, pediatrics, and neurology, testified that Michael (P) has cerebral palsy and is permanently disabled as a result of this injury. Dr. Arner testified though P had been given certain medication, she was capable of making medical decisions. P would have been able to deliver Michael (P) spontaneously, without the use of forceps, had D simply waited. If forceps are used in 'non-emergent situations,' the patient should be informed about the use of the forceps and should be given the opportunity to participate in the decision regarding whether the forceps will be used. Dr. Arner opined that D breached the standard of care owed to P because he failed to allow her to participate in the decision to use forceps. D argued that Ps' evidence fails to establish a prima facie case and that Ps failed to present evidence of proximate causation. D asserts that P was allowed to participate in the decision to use forceps because she signed the authorization form. The court struck the informed consent cause of action and D was found not guilty of negligence. P appealed.

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