Author Question: A trained surgeon asks that a first-year medical student suture up a patient. When the student does ... (Read 49 times)

saliriagwu · **on:** Aug 2, 2018

A trained surgeon asks that a first-year medical student suture up a patient. When the student does
so poor a job as to cause injury to the patient, the patient sues the student and the surgeon, under a
theory of vicarious liability. At trial, the surgeon will

A) win, because the first-year medical student made an obvious mistake
B) lose, because caring for a patient is a non-delegable duty
C) lose, since the patient was unconscious when the injury occurred
D) win, because the patient assumed the risk

Question 2

The Restatement (Third) of Torts: Products Liability abandons what legal standard available under
the Restatement (Second) 402A?

A) privity of contract B) fitness for merchantability
C) duty to warn D) unreasonably dangerous