Advise as to what actions the patient and the family have against the manufacturer, the Hospital, or the doctor. Was the nurse also negligent? Could she bring an action against the hospital?

IntroductionIn order to advise whether Elizabeth, John, Lucy and Ben could bring some(prenominal) actions against XY Ltd Manufacturers, Get-well Mental Hospital, or Dr. microphone, we ought to ensure whether they have a prima facie case in the tort of negligence and determine whether they are owed any duties of distribute and the breach of such duties of vex has caused injuries to them. Injury to Primary VictimThe old-fashioned victim in this case is Elizabeth. All doctors and sucks owe their patients a duty of care (1). Failure to meet the professional ensample of care required of a medical practitioner constitutes a breach. Jacqueline the nurse: duty of careThe immediate cause of daub is ostensibly ascribable 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 rational hospital, in addition to following the doctor?s instruction, is expec t to take care of patients in distress diligently. Had Jacqueline non scared and negligently topples the cylinder, Elizabeth would not be injured. We could also consider Jacqueline acted negligently by not informing Elizabeth?s cursorily worsening condition to Dr. mike(3)?Could Elizabeth be liable to her own injury? someone are responsible for taking safety trouble to void foreseeable injuries.

However, Elizabeth, not only an eight-year-old child scarce also a mental patient suffering side-effect of a medication, would not reasonably be expected to have the word of take note and experience to avoid the injury(4). She is unlikely to be found tributary negli! gent. 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 oxygen tank had Elizabeth?s conduct not influenced by the... If you want to get a fast essay, order it on our website: OrderCustomPaper.com

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