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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:

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: