Question
Jose Pena and Joseph Antenucci were medical doctors who were general partners in a medical practice. Both doctors treated Elaine Zuckerman during her pregnancy. Her
Jose Pena and Joseph Antenucci were medical doctors who were general partners in a medical practice. Both doctors treated Elaine Zuckerman during her pregnancy. Her son, Danial Zuckerman, was born with severe physical problems. Elaine, as Daniel's mother and natural guardian, brought a medical malpractice suit against both doctors. The jury found that Pena was guilty of medical malpractice but that Antenucci was not. The amount of the verdict totaled $4 million. The trial court entered judgment against Pena but not against Antenucci. Plaintiff Zuckerman made a posttrial judgment against both defendants. Is Antenucci jointly and severally liable for the medical malpractice of his partner, Pena?
- IsAntenuccijointly and severally liable for the medical malpractice of his partner, Pena?Why or why not?
- In your opinion, is the law fair with respect to liability in a general partnership?
- (a) Explain how the situation above would be different if the doctors were partners in a limited partnership, with Pena as the general partner and Antenuccias a limited partner? (b) Would the situation of a limited partnership be different if as a limited partnerAntenuccimet with Pena once a month to discuss and make decisions about the operation of their medical practice? Explain.
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