Question
Hey Tutors, could you please give me an in-depth explanation of this practice question? The Jurisdiction is Australia New South Wales. Ms Craig was born
Hey Tutors, could you please give me an in-depth explanation of this practice question? The Jurisdiction is Australia New South Wales.
Ms Craig was born on 1 January 1984. On 1 January 2014 Ms Craig was admitted to the Private Hospital as a private patient and underwent an elective sterilisation procedure which was performed by Dr Denton, gynaecologist that day (the procedure). During the procedure, Dr Denton failed to properly clamp Ms Craig's fallopian tubes with the filshie clips so that they became sealed and eventually severed, to ensure sterilisation.
After the procedure, Ms Craig became pregnant with her fourth child, Rachel born on 1 March 2016 via caesarean section. Rachel was born healthy with no disabilities. Ms Craig suffered a postoperative complication of the caesarean section, as a result of which she was unable to work for four weeks and experienced great pain.
Ms Craig was diagnosed with chronic depression in April 2016, caused by the shock associated with an unexpected and unwanted birth, her pregnancy with Rachel, and the complications from the caesarean delivery.
From 1 April 2016 to 1 March 2017 Ms Craig did not work as she was rearing Rachel and took maternity leave. With her first three children, Ms Craig resumed her pre-injury job working full-time when each child turned one month of age.
In April 2017, Ms Craig's partner, Avery Craig, died, while driving to work at Industrial Designs Co. A sign that had been installed above the highway by Tilburg Council, fell on Avery's car, killing Avery instantly. An expert report has subsequently found that the sign was installed poorly by the contractor, XYZ Highway Gear, the year before, with incorrect fastenings being used. Tilburg Council routinely inspects all signs on the highway but their employee failed to pick up on this mistake at their inspection in January 2017.
Ms Craig's depression worsened after Avery's death. Due to the depression, Ms Craig has continued to be unable to return to work at all.
She also requires 3 hours per week of domestic assistance.
Ms Craig was earning $5,000 net week working full-time as a project manager for 10 years before Rachel was born.
Advise all parties as to rights and liabilities in tort
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