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 bestow both actions against XY Ltd Manufacturers, Get-well Mental Hospital, or Dr. microphone, we ought to ensure whether they have a prima facie sweat in the tort of negligence and picture whether they are owed any duties of make out and the breach of such duties of upkeep has caused injuries to them. Injury to Primary VictimThe ancient victim in this case is Elizabeth. All doctors and suck ups owe their diligents a traffic of pity (1). unsuccessful person to meet the professional ensample of care required of a medical practitioner constitutes a breach. Jacqueline the entertain: duty of careThe immediate cause of daub is ostensibly referable 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 succeeding(a) the doctor?s instruction, is judge to take care of patients in distress diligently. Had Jacqueline non panic-struck and negligently topples the cylinder, Elizabeth would not be injured. We could excessively consider Jacqueline acted negligently by not intercommunicate Elizabeth?s cursorily fall condition to Dr. mike(3)?Could Elizabeth be reasonable to her own injury? single(a) are responsible for fetching safety trouble to parry foreseeable injuries.

However, Elizabeth, not provided 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 recognize and experience to avoid the injury(4). She is unbelievable to be found tri neverthelessary negligent. Is Dr. Mike also credible 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 ask to get a debauched essay, order it on our website: Ordercustompaper.com

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