Cares Liability

When Peter tried to take the billy can off the fire using two sticks he struggled. One of the sticks caught on fire and Peter was not fast enough in taking the billy can away from the fire. He dropped the billy can into the fire and it overturned. He also flung the burning stick aside. Peter was not feeling very well, but he put that down to the pain in his hand. However, during the night his temperature rose, and his breathing became laboured. By first light it was obvious Peter was very ill and was disorientated. Peter was taken to the local hospital, where it was discovered Peter's leg was swollen and there were two distinct puncture marks in the swelling. Clearly Peter had been bitten by a snake. A general anti-venom injection was given by the emergency doctor. Peter reacted badly to this injection and was airlifted to a Sydney hospital. He was showing signs of an allergic reaction. No one at the local hospital checked Peter's hand. Peter does eventually fully recover from his snake bite but develops ophidiophobia, which is an extreme and overwhelming fear of snakes. His burnt fingers, on the other hand, do not heal as they should. This may have been because they were not looked at in a timely manner. He needs several skin grafts and further treatment for his left hand. He is taking pain medication and will have to continue with this until at least after all operations. He also struggled at work, with typing on a keyboard. He tendered his resignation. He is struggling to find other employment.

Using the following headings Advise Peter to any claim he may make in negligence based on these facts. Advise him as to how damages for personal injury will be assessed, should they be successful. Refer to relevant sections of the Civil Liability Act 2002 (NSW) and relevant case law in your answer. You are not required to calculate actual damages

Peter v the local hospital

Duty of care Standard of care Damages Causation Defences Cares liability