Question
Hermione consults Dr Dumbledore , who is a medical specialist, in relation to an illness. Although Dr Dumbledore suspects that Hermione is suffering from a
Hermione consults Dr Dumbledore, who is a medical specialist, in relation to an illness. Although Dr Dumbledore suspects that Hermione is suffering from a sexually transmitted disease (STD), he assumes it is one that is fairly harmless and does no further tests. He prescribes antibiotics and tells Hermione to come back in one week. He merely tells Hermione she has an infection, as he does not want to embarrass her.
A week later, Hermione is admitted to hospital, seriously ill. It turns out she is suffering from a dangerous but rare STD that can have serious health consequences. In Hermione's case, it results in kidney failure (which is a normal consequence of the disease). Hermione needs a kidney transplant. The most suitable donor may be her father, Voldemort, who agrees to donate one of his kidneys. Voldemort undergoes extensive tests at considerable expense, and then undergoes surgery by a specialist surgeon to have his kidney removed. The kidney transplant to Hermione is successful for Hermione, but Voldemort suffers some serious post-surgical complications, despite the surgeon performing the surgery with due care and skill.
In the week before she was admitted into the emergency ward, Hermione had unprotected sex with her boyfriend, Ron, (from whom she did not get the STD; she got it from a liaison with Harry). Ron is also infected with the disease and suffers serious medical consequences.
Advise Ron and Voldemort whether they have a claim against Dr Dumbledore and specifically whether he owes them a duty of care. You can assume that Dr Dumbledore was negligent in his treatment of and advice to Hermione, that it was foreseeable, indeed quite possible that she was suffering from the rare STD, and that he should have done tests to determine whether she is suffering from that disease. The STD in question is a not a notifiable disease, that is, there is no legal obligation on Dr Dumbledore to inform health authorities.
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