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


B

Legal Studies & Paralegal

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