Is severally liable for medical malpractice of his partner


Assignment:

Case: Jose Pena and Joseph Antenucci were medical doctors who were partners in a medical practice. Both doctors treated Elaine Zuckerman during her pregnancy. Her son, Daniel Zuckerman, was born with severe physical problems.

Issue: 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 motion for judgment against both defendants.

Question: Is Antenucci jointly and severally liable for the medical malpractice of his partner, Pena?

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