Sheema recently visited her local Hospital's Accident and Emergency ("A&E") department, complaining of blurred vision in her right eye and a severe headache. She was seen by a junior doctor, Dr Elahi, who was in his first month of training in A&E. Dr Elahi examined Sheema and diagnosed that she was suffering from a migraine. He discharged her on the same date and suggested she buy some aspirins from the local pharmacy.

Normally, a more senior doctor would have been on duty with Dr Elahi, supervising, but the hospital, due to a number of annual leave requests from senior staff, had reduced all A&E staffing to a minimum. Dr Elahi could have telephoned the A&E consultant for further advice as he had the consultant's home telephone number, but he decided that he did not need to as he was sure of the diagnosis.

After a few days, the vision in Sheema's right eye deteriorated further and she visited the A&E department again four days later and was seen by Consultant Thornley who correctly diagnosed the problem as a detached retina. Consultant Thornley ordered emergency eye surgery. However, she failed to explain to Sheema that there was a 35% risk of blindness with the procedure, thinking that she would want this surgery anyway.

Sheema underwent the surgery and unfortunately, is now blind in her right eye. Had Dr Elahi immediately referred her for surgery, the operation would have had a 65% chance of success as the retina was only partially attached.

Advise Sheema as to her legal remedies.