Breach of duty help
1(a) Dr Goodwin and Dr Bloom are having a date night at the Amsterdam Bistro. During dinner they share a bottle of wine and are having coffee laced with brandy as a nightcap. At a nearby table another diner Iggy starts gasping for breath. His companion Vijay shouts for help saying that Iggy is choking on a potato that has lodged in his throat. Dr Goodwin recognises Iggy as an out-patient from the Spirit Up Hospital where both he and Dr Bloom work. Dr Goodwin does not step forward as he does not like Iggy because he is always complaining. Dr Bloom however rushes over and performs the Heimlich Manoeuvre, dislodges the potato and Iggy starts to breathe normally. It subsequently comes to light that in performing the Heimlich Manoeuvre Dr Bloom fractured Iggy's rib. A week later Dr Goodwin finds out that Iggy has made a formal complaint about him to the GMC for his failure to act. Iggy has also emailed Dr Bloom saying he will see to it that she never practices medicine again and he is going to sue her for his injuries, claiming that if she'd been sober she would not have fractured his rib. Advise Dr Goodwin and Dr Bloom about any professional sanctions or legal liability that might arise. Shiva is 34 and visits Dr Sharpe her GP as she has recently been experiencing symptoms of heartburn after eating. Dr Sharpe examines Shiva and thinks she has acid reflux. She advises Shiva to avoid fried foods and carbonated drinks and prescribes an antacid. Four weeks later Shiva's symptoms have not improved so she returns to Dr Sharpe who refers Shiva to Dr Kao who is a gastroenterologist at Spirit Up Hospital. Dr Kao examines Shiva in September 2020 and following a blood test concludes she is most likely suffering from an ulcer and prescribes antibiotics to clear the infection. By December 2020 Shiva's symptoms have not improved so she goes back to Dr Kao who performs an endoscopy where it is revealed that she is suffering from oesophageal cancer which is extremely rare in people under 45. Medical evidence shows that if Dr Kao had correctly identified and removed the tumour in September Shiva would have a 55% chance of a full recovery but the delay has now reduced her chances to 45%. Advise Dr Sharpe and Spirit Up Hospital if any breach of duty has occurred and whether causation can be established