Tort scenario.

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Report Thread starter 6 years ago
Hi, I need help with the scenario:

Michelle is a passenger in a car accident, with James, the driver. The other driver, Stephen, stops and notices that Michelle is in a state of shock and gives her an energy drink. As Michelle has diabetes she becomes unwell and subsequently Stephen calls for an ambulance.

The ambulance is delayed in arriving due to a car accident blocking the road to the scene. After Michelle arrives at hospital, Dr. Asif prescribes some medicine to Michelle, but she has a peculiar allergic reaction to the medicine, and subsequently has to stay in hospital four days longer.

My question is, is there any liability on Stephen's part? If so, is he liable for the complications at hospital, or could Dr Asif be rendered liable for the allergic reaction?

Any help would be great.
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Report 6 years ago
Always look at the question thoroughly, then look at the guidance under 'Knowledge' and 'Cognitive' too. What exactly does your question state? Can you type the whole question. What year of uni are you in? The higher the level the more that is required in terms of critique. How many words? You have to be so careful when doing law problem questions as you may not apportion content to the things which are important.

Well this is appears a question relating to the chain of causation and whether Stephen and or Dr Asif are liable for Michelle's personal injuries. Think breach of duty and applicable defences notwithstanding the obvious. Let's start with the not so obvious, what do you know already about Stephen, does he owe Michelle a duty, if so why? Based on what legal authority? Assuming you believe he owes a duty, has he breached it? Is he likely to have medical knowledge of diabetes? Does he alternatively possess a special skill? For tort it needs duty/ breach/ causation? Is the reasonable person in his position likely to know Michelle either has diabetes or that it will exacerbated by an energy drink? Could he ask her if she has any medical conditions, or alternatively is she aware to give him this information? There really is no right or wrong answer just as long as you can show you can look at the situation basing it on current law using your reasoning skills and make a personal opinion, which for tort is mainly common law authorities. Is this also a question about Michelle's personal injury claims...or is it just a question on causation (ie who is to blame)?

Ambulance driver, are you asked in the question if they're liable too?

Dr Asif

Does he owe Michelle a duty, if so has he exacerbated her diabetes condition to have breached the duty, and if so, is he liable for pre-existing conditions? How experienced is the doctor? Does the Dr have any applicable defences?

Just go through the stages one and by one. Write it concisely.

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