Question
Whilst Sheila is sedated in hospital, in preparation of surgery on her waist after falling at training with the national cricket team, the attending nurse
Whilst Sheila is sedated in hospital, in preparation of surgery on her waist after falling at training with the national cricket team, the attending nurse asks her for her name, date of birth, and reason for being in the hospital. In her drugged state, Sheila raises her left hand and gestures to the wrist. The nurse marks the left wrist with a large distinctive X.
The surgeon in the theatre soon begins the operation on Sheila's left wrist but realises that this is not where the injury is. He switches up to the incision and starts to operate on the right wrist. The operation is a success, but Sheila is now unable to resume training early and is unable to travel with the national team to the world cup tournament. Sheila wants to see the hospital and the doctor for her injuries
Question 4 Part B: Assume that the duty of care exists With the aid of case law, explain what Sheila needs to establish in order to prove that the duty was breached and that there was resultant damage.
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