Would appreciate any help with this please...
Paul was a mental patient at ABC NHS Hospital who had been suffering from paranoid schizophrenia. The Hospital staff were aware of Paul’s history of stealing cars and reckless driving which occurred on a number of occasions while he was detained at the hospital. They were also aware that his mental illness could cause him to harm himself or others. He was therefore under constant supervision especially during day-time hours.
On Monday August 10th, 2020, Paul’s assigned nurse Betty fell asleep while on supervision duty. She had been to a late-night private event on Sunday and slept for only a couple of hours. While her direct supervisor noticed that Betty was not fit for work on that day, she had no choice but to let her supervise the patients as the hospital was understaffed because of a wave of COVID infections that affected half of the nursing team.
At 8:30 am, Paul stole Betty’s staff card (which opens hospital restricted areas and the front door) while she slept. Paul left the hospital and found that Betty left her car unlocked and with the keys inside. He immediately got in and started driving off the Hospital grounds. His escape was not noticed until it was too late.
Paul had never possessed a driving licence and he drove the car recklessly in a direction heading North from the hospital. A few hundred metres down the road, Matt was crossing at a traffic light that was still on red light for pedestrians crossing. Paul collided with Matt causing him a severe neck trauma and a broken arm which resulted in immediate blood loss. While Paul fled the scene of the accident, passers-by called 999 for an ambulance.
The ambulance operator Katie who was a new trainee was not familiar with the site of the accident. She ended up sending an ambulance to another traffic junction 10 miles away from where Matt lay bleeding. On account of rush-hour, no ambulance showed up at the accident site even after 25 minutes from the call.
Having observed the whole episode from the start and worrying that Matt was losing too much blood, Elliott, a passer-by, decided to haul Matt into his car and take him to a nearby hospital. However, by moving Matt without following the proper procedure required when moving victims of neck trauma, Matt sustained a full lower body paralysis as a result. Elliott told the doctor treating Paul that he felt he had no choice given Matt’s rapid loss of blood at the scene of the
accident. The attending doctor informed Elliott that a trained professional would have tried to stop the bleeding as a first resort while waiting for an ambulance to arrive so that the patient is moved in accordance with the proper neck trauma protocol. In fact, the ambulance arrived only 5 minutes after Elliott drove Matt away in his car.
Meanwhile, Paul drove into a village and parked next to Aya’s house. As the door was unlocked, Paul entered Aya’s house and killed Aya with a brick.
Paul was later charged with and convicted of reckless driving and manslaughter. He was sent back to ABC Hospital. As a result of the events, his mental illness deteriorated. Paul committed suicide a few days later using a sharp nail file he found on the floor of his room. The nail file belonged to nurse Hanson who attended Paul’s room to administer some medication the day prior.
Advise the parties (including Paul’s estate) on liabilities in negligence.