What potential defenses could the hospital assert

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Fact Pattern Sarah recently had surgery on her torn ACL and is currently in recovery. Before releasing her, the hospital did not warn her to avoid putting full weight on her repaired leg for at least two weeks after the surgery. However, the hospital did require Sarah to sign a waiver stating that the hospital is not liable for any injuries or complications to her leg she endures after the surgery. A week after the surgery, Sarah decided to try going on a run and put full weight on her repaired leg. As a result, she reinjured her ACL. Sarah decides to sue the hospital for negligence for failing to tell her to avoid going on a run.

What potential defenses could the hospital assert? Do you think Sarah is likely to recover damages? Why is it important for a defendant to have the opportunity to assert defenses?

Reference no: EM134038461

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