Question
Grimes, a hypochondriac (a person who worries excessively about their health) went to hospital complaining of stomach pains. Dr Nick who had seen Grimes on
Grimes, a hypochondriac (a person who worries excessively about their health) went to hospital complaining of stomach pains. Dr Nick who had seen Grimes on numerous occasions before refused to examine him because on those previous occasions he had been unable to find anything wrong with him. "It's all in your imagination," said Dr Nick. "There's nothing wrong with you." Grimes died later that night. It was discovered he was suffering from a rare form of poisoning for which there was no antidote. Is Dr Nick liable in negligence? For the purpose of this question ignore the provisions of the Accident Compensation legislation.
Group of answer choices
A,Yes, because he failed to examine Grimes and he owes a duty of care to all patients.
B,No, because there must be a causal link between the breach of duty by the defendant and the damage suffered by the claimant.
C,No, because he has not breached the duty of care owed to hypochondriac patients. Having examined Grimes previously Dr Nick exercised the standard of care expected in the circumstances.
D,No, because death by this particular form of poisoning was not foreseeable.
choice the right answer
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