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Case 5

What kind of liability does this hypothetical case present, and against whom?

Answer

A case of mixed professional negligence-intentional tort case against X and Z. Z may be liable for negligent administration of US therapy and battery. X may be vicariously liable for Z's employment-related conduct. Battery allegation arises from Z's treatment of patient's left hand, which was not patient's involved hand.

Negligence allegation against Z may be labeled ordinary vs professional negligence, because the assistant is not a licensed PT and therefore not statutorily defined as health care professional.

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