Surgeon operated on Patient in an operating room at General Hospital. Surgeon was assisted by Intern, who was assigned to the operation by the hospital, and Nurse, who was on the staff of the hospital. During Patientâs convalescence, he complained of pain not explicable as an ordinary post-operative symptom. On investigation, it turned out that Intern and Nurse, who had worked together in bandaging him, had done so in such a way as to constrict certain blood vessels. The faulty bandaging had caused acute pain and retarded Patientâs recovery. After Patientâs eventual recovery, he sued Intern, claiming $20,000 in damages. Before the case went to trial, Patient and Intern agreed to a settlement in which Intern paid Patient $12,000 and Patient released Intern from all further claims for liability arising out of the incident. If Intern brings suit against Nurse for contribution, the most likely result is that intern will:
A. prevail, because one who settles without judgment can recover contribution.
B. prevail because Nurseâs liability is established under res ipsa loquitur.
C. not prevail, because one who settles without judgment cannot recover contribution.
D. not prevail, because Internâs proper remedy is indemnification not contribution.
Answer:A
Surgeon operated on Patient in an operating room at General Hospital. Surgeon was assisted by Intern, who was assigned to the operation by the hospital, and Nurse, who was on the staff of the hospital. During Patientâs convalescence, he complained of pain not explicable as an ordinary post-operative symptom. On investigation, it turned out that Intern and Nurse, who had worked together in bandaging him, had done so in such a way as to constrict certain blood vessels. The faulty bandaging had caused acute pain and retarded Patientâs recovery. After Patientâs eventual recovery, he sued Intern, claiming $20,000 in damages. Before the case went to trial, Patient and Intern agreed to a settlement in which Intern paid Patient $12,000 and Patient released Intern from all further claims for liability arising out of the incident. If Intern brings suit against Nurse for contribution, the most likely result is that intern will:
A. prevail, because one who settles without judgment can recover contribution. B. prevail because Nurseâs liability is established under res ipsa loquitur. C. not prevail, because one who settles without judgment cannot recover contribution. D. not prevail, because Internâs proper remedy is indemnification not contribution.