Question

Henderson and Martin were partners in a medical practice. Martin was a conscientious doctor who rarely made medical errors. Henderson, on the other hand, consistently made such errors. Henderson and Martin were sued for Henderson’s malpractice. A jury found in favor of the plaintiff and a large judgment was entered. Because Henderson had failed to pay his malpractice premiums, there was no insurance coverage. Henderson has few personal assets. What is the liability of Martin? Explain.

Answer 1

The liability of Martin, the conscientious doctor, in a medical malpractice case depends on the legal concept of vicarious liability.

Step-by-step explanation:

In this scenario, the liability of Martin, the conscientious doctor, depends on the legal concept of vicarious liability. Vicarious liability holds a person responsible for the actions of another person, based on their relationship or association. In this case, Martin and Henderson were partners in a medical practice. If the jury found in favor of the plaintiff due to Henderson's malpractice, Martin could potentially be held liable for his partner's actions, even if he did not directly contribute to the malpractice. However, the specific details would depend on the laws of the jurisdiction where the case is being heard.