Bertha, a surgeon, performed a kidney transplant on one of her patients.The surgery was not successful and the patient did not survive.Which of the following statements is true in this case?
A)Bertha cannot be held strictly liable as she was providing a service.
B)Bertha can be held strictly liable for the death of her patient.
C)Bertha and the medical staff assisting in the surgery are strictly liable for the death.
D)The donor of the kidney can be held strictly liable for the death of the patient.

Question

Quizplus · Accepted Answer

Strict liability typically applies to defective products, not services. As a surgeon providing a service, Bertha would not be held strictly liable.

Bertha, a Surgeon, Performed a Kidney Transplant on One of Her