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Plaintiff’s mother was pregnant with her third child and had encountered a shoulder dystocia with her second child. She had a normal pregnancy and labor and the child was approximately 9 pounds at birth. The Defendant argued that he had recommended to the Plaintiff that this child be delivered by caesarean section because of his concerns about another shoulder dystocia. Plaintiff argued that Defendant never recommended a caesarean section. Although the Defendant had documented in his prenatal records as well as in the hospital chart that the Plaintiff had declined an operative delivery, there was other evidence to suggest that he had not.