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:
Choice 1 Win, because one who settles without judgment can still recover contribution
Choice 2 Win, because Nurse’s liability was established by Intern’s settlement
Choice 3 Lose, because one who settles cannot recover in contribution
Choice 4 Lose, because indemnification, not contribution, is the appropriate remedy

 

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:
Choice 1 Win, because bandaging Patient was within the scope of Intern and Nurse’s employment
Choice 2 Win, because Intern and Nurse were jointly and severally liable
Choice 3 Lose, because hospital was negligent in hiring Intern and Nurse
Choice 4 Lose, because contribution, not indemnification, is the appropriate remedy

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