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Question 1
Surgeon performed an operation on Patient at the American Memorial Hospital. An Intern and a Nurse assisted Surgeon. After the surgery, Patient complained of pain that was atypical of normal post-operative pain. As it turned out, Intern and Nurse had bandaged Patient incorrectly. The incorrect bandaging caused Patient's pain and slowed his recovery. Patient sued Intern and Nurse but, before the case could go to trial, Intern settled with Patient. Under the settlement agreement, Intern paid Patient $20,000 and Patient agreed to release Intern from all further claims arising out of this incident. If Intern were to sue Nurse for contribution, he would:
Correct Joint and severally liable tortfeasors are entitled to contribution from each other. Normally, the amount of contribution is established based on the jury's determination of each tortfeasor's percentage of liability. However, even in a situation where one tortfeasor settles with Plaintiff so that there is no judgment, he can collect contribution from the other tortfeasors. Please note that D is wrong because both Intern and Nurse are principally liable for Plaintiff's injuries. Had Intern been vicariously liable for Plaintiff's injuries, he could sue for indemnification. However, among tortfeasors who are all primarily liable, contribution is the appropriate remedy.
Incorrect! Joint and severally liable tortfeasors are entitled to contribution from each other. Normally, the amount of contribution is established based on the jury's determination of each tortfeasor's percentage of liability. However, even in a situation where one tortfeasor settles with Plaintiff so that there is no judgment, he can collect contribution from the other tortfeasors. Please note that D is wrong because both Intern and Nurse are principally liable for Plaintiff's injuries. Had Intern been vicariously liable for Plaintiff's injuries, he could sue for indemnification. However, among tortfeasors who are all primarily liable, contribution is the appropriate remedy.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Surgeon performed an operation on Patient at the American Memorial Hospital. An Intern and a Nurse assisted Surgeon. After the surgery, Patient complained of pain that was atypical of normal post-operative pain. As it turned out, Intern and Nurse had bandaged Patient incorrectly. The incorrect bandaging caused Patient's pain and slowed his recovery. Patient sued American Memorial Hospital under a theory of respondiat superior. If the hospital were to sue Intern and Nurse for indemnification, the hospital would:
Correct Bandaging Patient was within the scope of Intern and Nurse's employment so Patient can successfully sue under a theory of respondiat superior. However, while the hospital is vicariously liable for Patient's injuries, Intern and Nurse are primarily responsible for Patient's injuries. Therefore, the Hospital can sue Intern and Nurse for indemnification. In other words, the hospital, as Intern and Nurse's employer, must pay damages to Patient but the hospital can sue Intern and Nurse to recover those damages that it had to pay to Patient.
Incorrect! Bandaging Patient was within the scope of Intern and Nurse's employment so Patient can successfully sue under a theory of respondiat superior. However, while the hospital is vicariously liable for Patient's injuries, Intern and Nurse are primarily responsible for Patient's injuries. Therefore, the Hospital can sue Intern and Nurse for indemnification. In other words, the hospital, as Intern and Nurse's employer, must pay damages to Patient but the hospital can sue Intern and Nurse to recover those damages that it had to pay to Patient.