Assume that Dr. Susan Jones performed an operation on Henry Smith at Community Hospital, which is owned and operated by a for-profit corporation. Dr. Jones is an independent physician in private practice with privileges to admit patients and perform surgery at Community Hospital. Dr. Jones is not an employee of the hospital, and she has no contract with the hospital. In addition, Smith made his own decision to choose Dr. Jones as his surgeon, before he ever went to the hospital. Unfortunately, Smith died as a result of the operation, and his wife has filed a lawsuit against Community Hospital on the legal theory of corporate negligence. The defendant, Community Hospital, has asked the court to throw out the claim against it, on the grounds that Dr. Jones is not an employee or agent of the hospital.
FYI: Regarding the question below: I have been given two different answers: one answer was b alone and the second answer was c which combines both a and b. If you choose c, can you please explain why a is part of the answer as I believe I will need back up for that part of my answer in order to get it right…..
Smith’s wife has also sued Dr. Jones for lack of informed consent. With regard to that particular claim, which of the following things, if any, does the paintiff need to prove?
a. That Dr. Jones failed to meet the applicable standard of care in performing the surgery.
b. That Dr. Jones breached the duty to properly disclose the risks to the patient.
c. both of the above
d. Neither of the above.