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112. Should the court allow the doctor to implead the grocery store?
The doctor is seeking to implead the grocery store. The grocery store contends that its alleged negligence was not a proximate cause of any of the injuries allegedly caused by the doctor.
A shopper slipped and fell in a grocery store, injuring her wrist. In a medical malpractice action against the doctor who treated her, the shopper alleges that the doctor worsened the injury by his treatment. Normally, competent medical treatment would have resulted in a complete cure of the wrist injury.
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A is incorrect. The question is not about the standard of care applicable to the doctor and the store. Rather, this question addresses whether the store, if found negligent, may be held responsible along with the doctor, not only for the shopper's initial injury but also for the worsening of the injury as a result of the doctor's malpractice.
B is incorrect. The mere fact that the doctor's malpractice happened after the alleged negligence of the store does not defeat the imposition of liability on the store for the worsening of the shopper's injury caused by the doctor's malpractice.
C is incorrect. The fact that the doctor's negligence and the store's negligence (if any) both contributed to the plaintiff's injury does not limit the doctor's ability to implead the grocery store. On the contrary, the fact that liability could be assigned to both the doctor and the store provides a basis for why the doctor may implead the grocery store.