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Question: Angela was visiting her friend Betsy. She complained of a severe headache and Betsy gave her a box of painkillers that had been prescribed by her (Betsy’s) doctor. On the outside of the box and on a leaflet inside, there was a note reading: “Do not consume with alcohol. May cause severe nausea and diarrhoea.” Angela had drunk two small glasses of wine. She took two of the painkillers (the recommended dose for an adult). An hour later she became violently ill and was admitted to the Downbeat Hospital. She was examined by Conrad, a doctor, and told him about the pills she had taken. Conrad arranged for her to be admitted and prescribed a drug to treat her condition. Daphne, the nurse on duty, misread the doctor’s notes and gave her only 10 per cent of the dosage that Conrad prescribed. Angela became more seriously ill and required painful and debilitating abdominal surgery. There is a strong possibility that, if she had been given the correct dosage, she would have recovered after a few days.

It has now been established that Angela suffered from an extremely rare allergy to one of the ingredients of the painkillers. No other case has been identified where a person taking one of these painkillers suffered a comparable reaction. It cannot be established whether the wine had contributed to the reaction.

Advise Angela as to any claims in negligence against the Downbeat Hospital.

Answer: The above question demands discussion whether Betsy (B), Conrad (C) and Daphne (D) had breached duty of care to Angela (A) and whether there is any intervening factor that is likely to discharge their liabilities and whether Downbeat Hospital vicariously liable for the tort committed by its employees. Generally, these issues indicate that, this question calls for discussion on negligence and also subsequently vicarious liability (VL). The possible tortfeasors could be (either) B, C or D and the claimant is definitely, Angela (A). Generally, the general rule is that, in order to succeed in an action in negligence, a claimant must prove all the elements of the tort, which was established in Hill v Chief Constable of West Yorkshire; the elements are: the claimant has to show that, 1) the to......(short extract)

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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 2368 | References: No | Date written: Not available | Date submitted: October 26, 2017 | Coursework ID: 1032

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