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Anna was an ambitious student at high school. She did a first degree in science and was thrilled to then be accepted to the University

Anna was an ambitious student at high school. She did a first degree in science and was thrilled to then be accepted to the University of the Outer West Medical School. Anna does very well in her medical studies and, after undertaking two years of residency, in 2015 she joins Young Ones Medical Practice in Chermside, Brisbane. Young Ones Medical Practice prides itself on its patient focussed, holistic medical services. It is a 'one stop shop' for general practice, physiotherapy, social work and pathology services. The practice's patient-base is mainly young, wealthy, trendy people. One day in 2017, Jane comes to see Anna. Jane is 30 years old and a news reader on Channel 4 morning news. Jane complains of sensitivity to light, headache and nausea. Anna (who has seen 15 other patients that day complaining of similar symptoms) decides that Jane, like the 15 patients before her, must have the flu. Without making further inquiry or investigation, Anna tells Jane to get lots of rest and drink plenty of fluids. She also gives her a bottle of 'Rest-em-up' (a mild sedative) to help her sleep. Anna, is consulted that day by Jenny, a 13-year-old high school student. Jenny has been coming to see Anna once a month for the last six months to be given injections of an anti-psychotic medication. However, Jenny comes to see Anna that day, not to receive her anti-psychotic medication (she received an injection of such medication last week), but to ask about possibly getting some surgery done. Jenny says that she is unhappy about the shape of her hips. She says she wants to have a hip augmentation procedure. It transpires that: Jane does not have the flu. Instead, she has brainitis a bacterial infection of the brain. Brainitis can be diagnosed via CT scan. Three days after seeing Anna, and not feeling any better, Jane goes to hospital where she is given a CT scan, which reveals her true condition. Anti brainitis medication is immediately administered. Jane develops a rash as a result of taking one dose of Rest-em-up. The literature suggests that there is a three percent chance of a person developing a rash as result of taking Rest-em-up. This was not mentioned to Jane by Anna. Another side effect of Rest-em-up is a persistent twitch of the right eye. The likelihood of this side effect is rated at eight percent and was not mentioned to Jane by Anna. 'Modern Doctors and Medicine', an English Journal, notes that no reasonable doctor would advise patients of the risks associated with Restem-up. Jenny has been offered a hip augmentation procedure. She discusses this option with her mother and father. They think it is a great idea. However, Jenny, having heard about the pain and hospital stay involved in having a hip augmentation procedure, has now decided that she does not want the procedure. Jenny's parents (Mary and Mark) contact Anna and tell her to go ahead and arrange the procedure. Jenny calls Anna and says she does not want the procedure. Jane is outraged that Anna did not tell her of the risks of Rest-em-up. She is very worried about the thought she could have ended up with a twitch. Had she been told of both risks, she would have been very concerned about the risk of the twitch and there was a 65% chance she would not have taken the medication. She is not so worried about having a rash. Jenny is not happy with her anti-psychotic medication. When she is on the medication, she is calm and rational, but experiences an upset stomach, headaches and extreme lethargy. When she goes off her anti-psychotic medication, she is prone to fits of violence and anger. She tells Anna she no longer wants to be administered her anti-psychotic medication. Anti brainitis medication, to be effective, needs to be administered within twenty four hours of the onset of symptoms. Advise generally on liability arising out of the above incidents. How if at all, would your advice change if the above incidents had occurred, not in 2014, but in 2001? You may assume that all actions are validly commenced with the periods stipulated in the Limitation of Actions Act 1974 (Qld).

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