Question
Marmaduke and Madison live in Rainspout, an outer suburb of Brisbane. They met when they were in second year of a Bachelor of Liberal Sciences
Marmaduke and Madison live in Rainspout, an outer suburb of Brisbane. They met when they were in second year of a Bachelor of Liberal Sciences degree at the University of the Northern Suburbs in Brisbane. Though Marmaduke's major was physics, and Madison's was chemistry, both shared a love of elegant dining. After a whirlwind romance, Marmaduke and Madison married. They now share four children - Rachel aged 15, Michelle aged 14, Sheenagh aged 12 and Shaun aged 10. Michelle has been undergoing a series of procedures to treat a deformity of her leg. These procedures have been performed with the agreement of her parents. Dr Good (her treating Doctor) has tried three different procedures, none of which have been successful. He has recommended that Michelle undergo a responilectomy - a procedure he has described as painful and involving an extended stay in hospital. Michelle, who is tired of all the procedures, does not want the procedure to be performed. However, Madison and Marmaduke want her to undergo the procedure. Dr Good heads out for a big, alcohol-filled lunch one day. Over lunch he consumes two bottles of wine and three glasses of beer. He arrives back to his surgery just as Reginald enters his surgery wanting to see a doctor. Reginald's arm is swollen just below the shoulder. In his drunken state, Dr Good decides Reginald has suffered a reaction to the consumption of prawns and gives him some anti-prawnitis, telling Reginald to apply the cream to his arm, three times a day, for two days. Marmaduke's cousin, Scoombe, has stage-four cancer. Dr Wrong advises him to undergo two procedures. The first is a colonoscopy - an inspection of the bowel using an endoscope. During the colonoscopy, Scoombe unexpectedly goes into atrial fribrillation. When this happens, the anaesthetist in the operating room, Dr Confused, immediately texts two senior colleagues to ask how to proceed. Scoombe suffers a stroke, with accompanying paralysis down the left side of his body, as a result of Dr Confused not advising Dr Wrong to immediately conclude the colonoscopy. The second procedure conducted ten days later on Scoombe is a bowel re-section. Scoombe undergoes the bowel re-section. Scoombe dies shortly after the procedure. The re-section was competently performed by Dr Wrong. Scoombe was just too sick to have undergone the procedure. Rachel has now given birth to conjoined twins Christine and Anna. If separated, Christine has a 40% of survival, but Anna will definitely die. If not separated, there is a 51% chance they will both die. Reginald's swollen arm was a result of an allergic reaction he suffered to the administration of an Anti-TRIP vaccine given to him one hour earlier by Dr Hopeless. The allergic reaction came on 40 minutes after his injection, while Reginald was walking home. Reginald immediately hailed a cab and went to the nearest Doctor's surgery, Dr Good's, which was a 9 minute cab ride away. There is a conflict of opinion as to whether a doctor should warn a patient of the side effects of Anti-TRIP vaccine. A group of doctors in Australia say they would not warn a patient. The Doctor's Standard (an American journal) has described not warning of the potential of the side effects to be "irrational" and "just plain stupid". There is a 1 in 14,000 chance of an allergic reaction to the vaccine. There is also a 1 in 14,000 chance of the risk of loss of appetite as a result of administration of the vaccine. Dr Hopeless did not tell Reginald of either side effect. Reginald is prepared to say, that, had Dr Hopeless told him of the risk of loss of appetite, he would not have had the vaccine. If Dr Hopeless had have told him of the risk of an allergic reaction, he (Reginald) would have had the vaccine anyway. Reginald had, the night before his vaccination, looked up the vaccine on the internet. He read that the vaccine was provided in single-use plastic vials, was made in Spain, involved the administration of approximately 0.6 ml of a certain ingredient and had various side effects and risks including vomiting, allergic reactions, swelling of the arm, dizziness and loss of appetite (all estimated as occurring in 1 in 14,000 cases). The only known antidote to an allergic reaction to Anti-TRIP is the administration via injection of Anti-Anti-TRIP. To be effective, Anti-Anti-TRIP has to be administered within 6 minutes of the onset of an allergic reaction to vaccination. Anti-prawnitis does not cause any side effects and will not cure an allergic reaction to Anti-TRIP. The two senior anaesthetists that Dr Confused consulted via text will, if called to give evidence, both give evidence that their view (which they expressed to Dr Confused at the time) is that continuing the colonoscopy was a reasonable thing at the time. Advise generally on the above incidents, assuming they occurred in 2022. You may assume that any relevant actions were commenced within the time prescribed by the Limitation of Actions Act 1974 (Qld).
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