Rick has just been told that he will have to undergo a second operation because the results of his first operation were not as expected. In the first operation, a small device was inserted near his damaged knee to stimulate bone growth with electrical impulses. The device was not working. The operation was performed by Dr. Jones, who is employed by St. Everybody's hospital. There is evidence that the device itself is faulty. The hospital had purchased the device from Medisci Ltd., which had purchased it directly from the manufacturer, Electrobo Ltd. The operation is not covered by any medical plan, and it will cost Rick $5000. Rick is very upset and wants to sue for damages. Which of the following is correct with respect to who Rick could sue and why?
A) Rick can successfully sue the doctor for negligence.
B) Rick can sue Medisci Ltd. for breach of contract.
C) Rick can sue Electrobo for both negligence and breach of contract.
D) Rick can sue Electrobo for negligence.
E) Rick can't sue anyone. There are no guaranties in surgery.

Question

Quizplus · Accepted Answer

Rick can sue Electrobo for negligence because the device, which was manufactured by Electrobo, was faulty. This suggests a failure in the duty of care owed by the manufacturer to ensure the product was safe and effective for its intended use. Rick's relationship with the doctor, hospital, or Medisci Ltd. does not directly imply negligence or breach of contract on their part without further evidence of their direct involvement in the device's failure.

Rick Has Just Been Told That He Will Have to Undergo