Question
Jennifer, Ken and Jason are medical physicians that decide to start a medical practice together. They decide to form a professional corporation together where they
Jennifer, Ken and Jason are medical physicians that decide to start a medical practice together. They decide to form a professional corporation together where they are all professional shareholder-owners in the professional corporation. They call their professional corporation Doctors R Us P.C. Their hope is to operate their medical practice under a corporate structure that they believe will shield them from personal liability for malpractice claims by their patients because they know that as professionals they are held to a higher standard of conduct. After incorporating their medical practice as a professional corporation, Ken makes a critical mistake. Ken accidentally amputates the wrong leg of his patient Kevin, which under the law would constitute malpractice. Furious, Kevin sues the medical practice and also sues Jennifer, Ken and Jason personally as the shareholders for malpractice. Could Jennifer, Ken and Jason be held liable for malpractice? Why or why not?
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