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 is 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 inherently dangerous activities or the use of defective products, not professional services such as those provided by a surgeon. In the context of medical services, liability usually requires proof of negligence or malpractice, not strict liability.

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