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Larry was in a skiing accident and suffered a serious back injury. Surgery was not necessary but he would have to do extensive therapy to
Larry was in a skiing accident and suffered a serious back injury. Surgery was not
necessary but he would have to do extensive therapy to recover full movement. He
went to GTA Medical Clinic for his rehabilitation. His doctor was Omar, and todate
therapy was going well. During one of his therapy sessions, Omar was distracted and
carelessly performed a procedure that made Larrys back injury much worse. As a
result, Larry must now undergo expensive back surgery.
Prior to Larrys back injury, Larry was a professional basketball player and had signed a
$ contract to play for the Continental Basketball League CBL Since Larry
can no longer play basketball, his contract with the CBL was cancelled.
Larry is suing Omar for the tort of negligence, claiming $ in damages for the
loss of his basketball playing contract. The evidence at trial will show that Larrys back
injury from the skiing accident before he was treated by Omar rendered Larry unable
to play basketball. In other words, even if Omar had not been careless in treating Larrys
back, Larry would still have lost the $ contract.
A Did Omar owe Larry a duty of care? Explain and support your answer.
B Did Omar breach the Standard of Care? Explain and support your answer.
C Did Omars carelessness cause Larry to lose the $
contract? Explain and support your answer.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
A Did Omar owe Larry a duty of care Yes Omar owed Larry a duty of care In a medical context a duty o...
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