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MMLU-Pro / 1447 / A woman broke her leg while skiing. She was taken to a hospital where she was…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A woman broke her leg while skiing. She was taken to a hospital where she was treated by a doctor who determined that the woman would need surgery to set the broken bones so that they would heal properly. During the surgery, the doctor inserted several metal screws into the woman's leg to hold the bones together. Although the hospital charged the woman a substantial fee for the doctor's services, the bill did not include a separate charge for the cost of the bone screws. A few months after the surgery, the woman's leg still was not fully healed. The doctor eventually concluded that the screws that were inserted into the woman's leg had been defective. The woman was forced to have a second surgery to replace the defective screws. If the woman asserts a strict tort liability claim against the doctor and the hospital for using defective screws in her surgery, she will most likely

category

law

options

  1. not prevail, because the doctor and the hospital can argue that the defect was not apparent during the surgery.
  2. prevail, because the doctor and the hospital provided a product to her that was defective and unreasonably dangerous.
  3. prevail, because the doctor and the hospital failed to provide a follow-up check on the screws used.
  4. prevail, because the hospital and the doctor were negligent in their duty to ensure the safety of medical devices used.
  5. not prevail, because the doctor and the hospital did not manufacture the screws and, therefore, the defect in the screws was not their fault.
  6. not prevail, because the doctor and the hospital will be treated as service providers rather than product sellers.
  7. not prevail, because the hospital did not separately charge for the screws, thus they cannot be held responsible.
  8. prevail, because the doctor and the hospital did not inform her about the potential risks of defective screws.
  9. not prevail, because the doctor and the hospital are not liable for defects in medical devices they did not manufacture.
  10. prevail, because the doctor and the hospital probably would have realized the screws were defective if they had carefully examined them.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1447
task_id
35980920-f154-5b44-85a5-a372d4f835f9
task_key
default--test--1447
task_revision_id
1
config / split
default / test

Official source

initial import