Question 1

Find and critically read Waqabaca v Vudiniabola[1996] FJHC 91 and answer the following questions:

1. Briefly summarise the material facts of the case.

• The patient, a male child, of 2 years old, attracted a cough and fever on 5th of April, 1985. From 7th of April, 1985, he started vomiting. Also since then he had his last bowel motion. He did not pass any faeces from 7th of April, 1985 and had abdominal distension from 8th of April, 1985. He was admitted to CWM Hospital on 10.4.85 at 11.30 a.m. The operative management came on 11.4.1985. The purpose of the operation was to remove the obstruction. Upon such surgical operation the obstruction was removed. However subsequently whilst still in the hospital on 2.5.85 the patient again attracted mild obstruction for which another operation was carried out. It was after the first operation of 11.4.85 when the patient came out of the theatre that he showed signs of spastic cerebral palsy (SCP) as borne out by the evidence of the patient's parents.

2. What was the negligent act?

• Failure exercise proper and adequate medical care or supervision the patient was entitled to due to his severe condition. Also, failure to ensure that adequate oxygen supply was available to the patient both before, during and after the surgical operations.

3. Who was ultimately held liable for the breach of duty of care? Briefly discuss the reasoning of the court.

• The second defendant who was the Attorney-General who was sued for vicarious liability under the State Proceedings Act Cap. 24. The reasoning of the court

4. From reading this case, briefly explain your understanding of vicarious liability?

5. Do you agree/disagree with the Court's reasoning on holding the hospital medical superintendent/consultant liable for the action/inaction?