IntroductionIn order to advise whether Elizabeth, John, Lucy and Ben could bring both 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 convey and the breach of such duties of cautiousness has caused injuries to them. Injury to Primary VictimThe antiquated victim in this case is Elizabeth. All doctors and sop ups 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 repayable 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 intellectual hospital, in addition to following the doctor?s instruction, is anticipat e to take care of patients in distress diligently. Had Jacqueline non frightened and negligently topples the cylinder, Elizabeth would not be injured. We could excessively consider Jacqueline acted negligently by not informing Elizabeth?s cursorily worsening condition to Dr. microphone(3)?Could Elizabeth be liable to her own injury? item-by-item are responsible for taking safety trouble to turn away 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 watch and experience to avoid the injury(4). She is unlikely to be found contributive 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 oxygen tank had Elizabeth?s demeanor not influenced b! y the... If you want to get a bountiful essay, order it on our website: BestEssayCheap.com
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