A patient has filed a $ 3 million medical malpractice lawsuit against St. Patrick's Hospital. In light of the patient's litigious background and the facts of the case, the hospital administration is adamant that 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 a wise one? Why or why not? 

3. 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? 

4. Is it the hospital's or the legal council's decision to try the case or settle it? What decision-making authority does the hospital's insurance company have?