In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it. Elderly Lady v. Italian Restaurant

Negligence

Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he could to be careful, but whether the defendant's conduct was that of a hypothetical reasonably prudent person placed in the same or similar circumstances (Kionka, 2006). In this case because there was only a revolving door the patrons were not able to get out of the restaurant in the fire emergency. The Italian Restaurant would be guilty of negligence in regards to the elderly lady who was injured as patrons tried to escape.

Surgeon
Malpractice

The standard of care of medical doctors is decisively established by the usual or customary practice of reasonably well qualified practitioners in that field. Physicians or others, who are certified specialists, are held to the standards of that specialty (Kionka, 2006). In this case the surgeon who would be considered a specialist would be held to a higher standard of care. A patient in a hospital expects to be treated with the utmost care. Since Anna had expected surgery on her mouth and tooth but yet received an amputated leg, surgeon would be guilty of malpractice negligence.

References

Kionka, Edward J. (2006). Torts. St. Paul: Thomson/West.

Tort. (2011). Retrieved January 30, 2011, from the Lectric Law Library Web site:

http://www.lectlaw.com/def2/t032.htm