Question
1. Fantasy Circus is a UK travelling circus. The star performer is Antonio; he is an acrobat. Antonio performs the show's final act, a death-defying
1. Fantasy Circus is a UK travelling circus. The star performer is Antonio; he is an acrobat. Antonio performs the show's final act, a death-defying flying trapeze act. Unfortunately, when the tent was being constructed for this performance, Thomas, a trainee scaffolder who had been working for Fantasy Circus for two weeks and was on his own, did not attach the scaffolding to the roof correctly. As a result, the scaffolding broke during Antonio's performance. Antonio's hand was severed by the trapeze wire, and he was rushed to Marquis Royal Hospital. At the hospital, Antonio was treated by Dr Patel, a leading orthopaedic surgeon. Antonio urged Dr Patel to do everything she could to save his hand, as it was essential to his career as an acrobat. Dr Patel decided not to reattach the hand immediately because the wrist was too damaged. Using a pioneering technique, she transferred blood from the healthy hand to the severed hand until the damaged wrist could be successfully repaired. She was hoping that by employing this technique, Antonio had a chance of making a full recovery. While there was medical research supporting the viability of this technique, the procedure had never been performed on a human before. Most doctors would have reattached the injured hand immediately even though this would likely resulted in Antonio only recovering 60% to 80% of the use of this hand and therefore being unable to perform as an acrobat. Unfortunately, Antonio's blood pressure fell following the accident and using blood from the other hand placed too much strain on the blood supply. As a result, an emergency procedure had to be performed on both hands, which delayed the reattachment procedure even further. Antonio's reattached hand only regained 30% of its original use. Antonio can no longer perform.
Advise Antonio as to any possible claims he may have in negligence against the circus and the hospital.
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