Joint and Several Liability and Indemnity Self-Quiz
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:
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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:
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