Question 3
Man Mann who was emotionally upset due to marital problems voluntarily checked into a private medical facility for treatment. State law provided that if he tried to leave against medical advice, the hospital could hold him for 72 hours while trying to convince him to stay. During the stay, Mann told his medical providers that he was intensely angry at his wife, who was living with another man, and he wanted to harm her. Despite that knowledge, the hospital issued him an unrestricted weekend pass. When he got out of the hospital Man Mann shot and killed his wife.
The Man's children sued the hospital for negligence. The hospital filed a motion to dismiss mainly because there was no privity with the decedent and no duty owed to her. Is the Hospital Liable?
Yes, because of the duty to rescue others has an exception
No, because the Man shot her not the Hospital.
Yes, because the statements by the man to doctor created a foreseeable danger to others.
No, because there is no legal duty to rescue others.