Hi,
Can anyone advise on this?I have lots of notes but do not know the structure or the correct law to apply .Can anyone tell me the structure ,or anywhere online that has a outline,i have 2 medical questions like this
Mr Smith a surgeon who works at Nuneaton hospital removes Janes good eye by mistake,along with the damaged eye.
Leaving jane totally blind.
Discuss a claim by Jane against Nuneaton hospital.
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Duty – existing duty found in Barnett v Chelsea and Kensington
Breach – standard = Bolam test ‘competent body of medical opinion’, note Bolitho and that action must be logically defensible
Factors – foreseeability, foreseeable
magnitude.
Likelihood of the harm occurring is high so Dr should have done more to guard against the risk e.g. Haley v LEB
practicality, no reasonably practical precautions were taken,
causation-Causation – Factual causation – ‘but for’ Dr removing her good eye,She would have normal eyesight in her one eye e.g. Barnett