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While at the hospital, Arishi asked the doctor treating her, Dr Bombay, to have a look at a raised legion on her arm, which she

While at the hospital, Arishi asked the doctor treating her, Dr Bombay, to have a look at a raised legion on her arm, which she said she had had for a couple of weeks. Dr Bombay explained it was a Dysplastic Naevi, which is just an irregular mole, and that they were common and nothing to worry about. Three months later, Arishi noticed the mole getting larger, so she went to a skin specialist who had the mole tested. The test results indicated she had serious skin cancer and that it had spread to other parts of her body. Arishiargues that Dr Bombay should have had the mole tested when she was in the hospital. If he had tested the mole, the skin cancer would have been found and she would have had a 40% chance of the cancer being contained and not spreading to other parts of her body. Researching this issue, she has found that 7 out of 10 of all emergency department doctors in Queensland have suspicious skin legions tested, regardless of why the patient is in the emergency department.

To answer this question, is there a breach of duty? If so, what is the authority for this in regard to case law and legislation?

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