Question
In the early hours of one morning in February 2021, Sally, aged 30, who was pregnant with her first child went to Axis Medical Centre
In the early hours of one morning in February 2021, Sally, aged 30, who was pregnant with her first child went to Axis Medical Centre (AMC) complaining of abdominal pain. She was attended to by a staff nurse and after various checks were performed, she was admitted into the hospital. Later, around 10.45am, Sally gave birth to a baby girl, Aggie. Two days after her delivery, and while still in hospital, Sally found her baby to be weak and relatively unresponsive compared to the day before. On sending the baby back to the hospital nursery for the night, Sally told the young trainee nurse on duty that the baby looked ill. The nurse replied that all new babies have high temperature. The next morning, Sally was informed by a doctor that the baby had fallen into a coma due to a viral attack. The baby later regained consciousness but became mentally handicapped. Subsequently, Sally discovered that the trainee nurse on duty had not informed the doctor on night duty that Sally was concerned about her baby's condition. Early action could have prevented the virus from spreading and could have prevented the severity of the infection. Sally also discovered that the virus had affected several other babies at the hospital. The nursery had not separated healthy babies from the sick ones until after her baby went into a coma. Furthermore, since quite a number of babies were ill that particular night, the doctor on duty did not check on every baby in the nursery. Since Sally's baby was confirmed to have suffered from the viral attack, Sally and her husband were subjected to a medical examination. The next day, the doctors informed them that Sally too had been infected by the virus. The hospital had not been able to determine when Sally was actually infected. Sally's gynaecologist had wanted to carry out a medical examination on her two days prior to the delivery, but Sally refused to do so. She also refused the vitamins and health supplements recommended by her doctor. Based on relevant caselaw, advise Sally on any possible legal action she may have against Axis Medical Centre for negligence. Your answer should include a brief discussion on any possible defences.
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