[blue-duncan]

"and a freak accident happens" That statement says it was not foreseeable and no liability attaches and the poor woman goes home with bubkus. What you should say, to be consistent in your theory of liability, is that the delivery room personnel should have been watching this nosy father-to-be for signs of faint since it was a foreseeable risk, especially when an epidural procedure is taking place.

[John Robertson]

dunc, give it up.
you misstepped when you called him "nosy."
that's not the case.
I explained it.
You didn't get it.
Let it go.
Get some sleep.

[P-Marlowe]

According to the pleading, the hospital employees asked him to help. That kinda makes him a quasi hospital employee and thus he's either covered under the hosptial work comp policy or the hosptial must be treated as an uninsured employer thus giving rise to a civil cause of action and in many jurisdictions prohibiting the hospital from raising any issues of contributory negligence.

Tell me BD, if this poor widowed mother came into your office offering 33% of her recovery, would you turn her away?