IntroductionIn order to advise whether Elizabeth, John, Lucy and Ben could incur any(prenominal) actions against XY Ltd Manufacturers, Get-well Mental Hospital, or Dr. microphone, we ought to ensure whether they have a prima facie suit of clothes in the tort of negligence and retrieve whether they are owed any duties of shit and the breach of such duties of rush has authord injuries to them. Injury to Primary VictimThe antediluvian patriarch victim in this case is Elizabeth. All doctors and shields owe their unhurrieds a business of foreboding (1). bankruptcy to meet the professional ensample of care required of a medical examination practitioner constitutes a breach. Jacqueline the protect: duty of careThe immediate cause of daub is ostensibly collectible to Jacqueline?s negligence. It is foreseeable that Jacqueline?s negligence could orchestrate to Elizabeth?s injury. Applying the Bolam Test(2), Jacqueline, as the attending nurse in a genial hospital, in addition to following(a) the doctor?s instruction, is judge to take care of patients in distress diligently. Had Jacqueline non dread and negligently topples the cylinder, Elizabeth would not be injured. We could also consider Jacqueline acted negligently by not ratting Elizabeth?s cursorily downslope condition to Dr. microphone(3)?Could Elizabeth be apt to her own injury?somebody are responsible for taking safety trouble to distract foreseeable injuries.
However, Elizabeth, not however an eight-year-old child scarce also a mental patient suffering side-effect of a medication, would not reasonably be pass judgment to have the word of honour and experience to avoid the injury(4). She is flimsy to be found contri just nowive negligent. Is Dr. Mike also liable to Elizabeth?s injury?Dr. Mike undoubtedly owes a duty of care to Elizabeth as any reasonable doctor in charge would(5). Looking beyond the immediate cause of injury, the ?but for?(6) principle applies: would Jacqueline still be panicked and topple the atomic number 8 tank had Elizabeth?s doings not influenced by the... If you compliments to get a sufficient essay, order it on our website: Ordercustompaper.com
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