This year, 2020, is very strange. The COVID-19 virus has changed the world. This virus has caused many problems, of many kinds, all around the world, including in Australia.

In April 2020, a man named Paddy was feeling quite unwell one evening. He was coughing and had a high fever. As advised by the Victorian government, he went to the local public hospital in Frankston, Melbourne, to be tested for COVID-19.

At the hospital, one of the medical staff was Dr Donald. He was an enthusiastic young doctor who had recently finished his medical studies and internship. On the evening in question, Dr Donald was near the end of his 10 hour shift. However, he was required by his supervisor, Professor Dud, to keep working, due to the very large number of patients arriving with COVID-19 symptoms, as well as other patients. At 3.00 am, and after having worked for 12 hours without a break, Dr Donald began his consultation with Paddy. The doctor decided it was necessary to get a blood sample to test for COVID-19, and not just to use a swab from the mouth.

Paddy's blood sample was taken by Dr Donald himself. Due to exhaustion, Dr Donald accidentally used a needle that had already been used on another patient who, we now know, had Hepatitis A and B.

Usually blood samples were taken by nurses, but on this particular night, there was an extreme shortage of nursing staff. This is the reason that Dr Donald was required to collect the sample, something that he had not done very often.

Ten days later, Paddy went back to the hospital, where he was told that he did not have COVID-19. However, he was now infected with Hepatitis A and B, which was caused by the use of the dirty needle during his earlier visit.

It is now August 2020. Paddy suffers from the following chronic signs and symptoms: abdominal and joint pain, fever, nausea, and fatigue. Until getting ill, Paddy had been a very successful, famous and well-paid TV journalist. He cannot work at present, and has incurred significant medical costs which are not covered by Medicare or his private health insurance.

Paddy seeks your advice about suing in order to get some compensation. Advise him.

NB: DO NOT DISCUSS PART 3-5 OF THE AUSTRALIAN CONSUMER LAW (ACL)