Example full hypothetical Q&A negligence causing personal injury(1) - PLEASE NOTE You have been provided an example question and answer to a

Example full hypothetical Q&A negligence causing personal injury(1)

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PLEASE NOTE: You have been provided an example question and answer to a hypothetical question involving the tort of negligence involving personal injury. You should not be copying parts of this answer or my phraseology as part of your tutorial answers or in the exam. My writing style is one of many ways you could write the answer. The purpose of showing you this answer is to give you an idea (and tips) about structuring an answer on the tort of negligence. The beauty of law (and the reasons why lawyers remain employed) is that there is no one absolute right answer. The case law and legislation are your tools and how you apply these tools will determine the strength of your answer. Provided that you make valid arguments based on relevant law you will receive a high mark for your tutorial work and exam answers. QUESTION Aurelie is a successful ballerina but a promising career has been cut short by a serious injury to her right knee. She has torn the anterior cruciate ligament in this knee and requires surgery. She attends the Glades Private Hospital for the surgery to be performed by Dr Stephens. Dr Stephens had read Aurelie’s medical history and was aware of which knee he was to operate on. Before being taken to the operating room Aurelie is given medication to relax her. As she is waiting to into the operating room a nurse checks her details. Aurelie is asked which knee is being operated on and in her “relaxed” state points to her left knee, which is in perfect condition. The nurse places a cross on this knee with a coloured pen. Dr Stephens operates on Aurelie’s left knee and finds a perfectly intact cruciate ligament. He then operates on and repairs Aurelie’s right knee. When she awakes she is horrified to find that she cannot move her left leg. The medical evidence shows that the operation on Aurelie’s right knee was not responsible for her losing movement in her left leg. Advise Aurelie whether she has a claim under the tort of negligence against the Doctor and/or Nurse. Issue: Did Nurse and/or Doctor owe Aurelie a duty of care? Law: Donoghue v Stevensonor any case addressing reasonable foreseeability Swain v Waverley Municipal Councilor any case addressing control / vulnerability test Application: The nurse and doctor owe a duty of care to Aurelie. As a hospital patient, it is foreseeable that Aurelie may possibly be at risk of harm by the actions of hospital staff (Donoghue v Stevenson). The doctor and nurse are in a position of control given
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