Question
Use the IRAC method to structure your answer and separate headings for 'Issue(s)', 'Rules', 'Application' and 'Conclusion'. High-profile and controversial neurosurgeon Billie Leo faces tough
Use the IRAC method to structure your answer and separate headings for 'Issue(s)', 'Rules', 'Application' and 'Conclusion'.
High-profile and controversial neurosurgeon Billie Leo faces tough new restrictions on brain tumour operations after he operated on the wrong side of his patient Susan Smith's brain. Billie Leo has been prevented from performing certain operations until he obtains written approval from a fellow neurosurgeon after complaints led to an emergency hearing before regulators last week. The complaints were deemed of such seriousness that the health and safety of the public might be at risk. Since then, another patient Michael Brown has come forward claiming that Billie was negligent when he operated on his brain. Michael's claim is that he didn't have a brain tumour, but Billie wanted to operate anyway. Michael was examined in Billie's consultation rooms for migraine headaches and Billie had insisted that he needed urgent brain surgery. Billie carried out the surgery using a laser that damaged a small section of Michael's brain.
Focus on the tort of negligence
What are the requirements that need to be satisfied? Are any defences available? What kind of remedies are available?
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