medical malpractice

A patient has filed a $3 million medical malpractice lawsuit against St. Patrick Hospital. In light of the patient’s litigious background and the facts of the case, hospital administration is adamant that it is not liable. It has instructed its legal counsel to proceed toward trial, where it may be absolved of liability.

  1. What source of law is the patient’s lawsuit likely to be based on?
  2. Is the hospital’s decision to proceed toward trial a wise one? Why or why not?
  3. What other options does the hospital have?
  4. Besides the financial resources required to legally defend itself, what non-monetary factors must the hospital take into consideration when deciding to proceed toward trial?
  5. What risks does the hospital assume when it takes a case to trial?
  6. Is it the hospital’s or the legal counsel’s decision to try the case or settle? What decision-making authority does the hospital’s insurance company have?

Please number your responses so that I know which questions you are answering. Questions 1 and 3 probably only require one sentence. The remaining questions require a few sentences or a paragraph! Be sure to cite your sources!