If a hospital is found liable due to a surgeon's negligence, what action can be taken?

The choice indicating that liability must be determined based on state laws is correct because each state has its own legal standards and statutes governing negligence and liability. In cases involving medical malpractice, such as a surgeon's negligence leading to hospital liability, the court will apply the relevant state laws to assess whether the hospital can be held vicariously liable for the actions of its employed surgeon. State laws will outline the necessary standards of care, the burden of proof, and potential defenses that may be available in negligence cases. This legal framework is essential in determining both the liability of the surgeon and the hospital, as well as any damages to be awarded.

Regarding the other options, expanding the case to include various parties may be a strategic consideration in some instances, but it is not an automatic action tied directly to the hospital's found liability. Filing a lawsuit in the surgeon's state of residence might be possible, but jurisdictional rules could affect whether such a venue is appropriate, especially in light of the hospital being in a different location. As for the hospital being required to settle without going to trial, while settlements may occur, there is no legal obligation for the hospital to settle, as it can choose to contest the claims in court.