M1- The law of negligence and rules on damages in given situations.
There are many examples in the media of negligence which were successful or unsuccessful in recovering damages.
There was an article of a mother who had a botched delivery which left her child needing life long care.
Suzanne Adams was in labour with her son James, the midwife either ignored or could not interpret the CTG trace on the heart monitor. The monitor showed that the heart rate of James was abnormal as he was in distress. The hospital failed to carry out a Caesarean section, which meant the delivery of James was delayed. He ended up not getting enough oxygen to his brain, which left him with cerebral palsy, this could have been avoided.
The hospital owed Suzanne …show more content…
This was high as they did not monitor James properly and prolonged the process of the birth.
• The seriousness of harm. This was extremely high as James was affected physically and mentally.
• Cost of prevention. It would have not cost the hospital much to carry out a Caesarean section to keep the child healthy.
• There was no social value included.
James would have not developed these injuries but for the hospital failing to carry out the right procedures.
The damage was also foreseeable and not too remote.
Suzanne was successful as the case had all elements and received compensation of £14.6 million so it could cover both damages, these were special damages and general damages. Special damages because of the medical bills, modification of their home, an adjusted car, disability equipment etc and general damages because there was no telling the pain and suffering James has to go through and how much a nurse would cost from here to the future.
Another case for negligence would be the case of wrongful insemination. Jennifer Cramblett, a lesbian woman, was mistakenly sent sperm from a black man instead of sperm from a white man, as a result she now has a mixed race daughter. She filed the lawsuit under wrongful birth. The clinic kept paper records and accidentally mixed the numbers on Jennifer's order due to her
There are many examples in the media of negligence which were successful or unsuccessful in recovering damages.
There was an article of a mother who had a botched delivery which left her child needing life long care.
Suzanne Adams was in labour with her son James, the midwife either ignored or could not interpret the CTG trace on the heart monitor. The monitor showed that the heart rate of James was abnormal as he was in distress. The hospital failed to carry out a Caesarean section, which meant the delivery of James was delayed. He ended up not getting enough oxygen to his brain, which left him with cerebral palsy, this could have been avoided.
The hospital owed Suzanne …show more content…
This was high as they did not monitor James properly and prolonged the process of the birth.
• The seriousness of harm. This was extremely high as James was affected physically and mentally.
• Cost of prevention. It would have not cost the hospital much to carry out a Caesarean section to keep the child healthy.
• There was no social value included.
James would have not developed these injuries but for the hospital failing to carry out the right procedures.
The damage was also foreseeable and not too remote.
Suzanne was successful as the case had all elements and received compensation of £14.6 million so it could cover both damages, these were special damages and general damages. Special damages because of the medical bills, modification of their home, an adjusted car, disability equipment etc and general damages because there was no telling the pain and suffering James has to go through and how much a nurse would cost from here to the future.
Another case for negligence would be the case of wrongful insemination. Jennifer Cramblett, a lesbian woman, was mistakenly sent sperm from a black man instead of sperm from a white man, as a result she now has a mixed race daughter. She filed the lawsuit under wrongful birth. The clinic kept paper records and accidentally mixed the numbers on Jennifer's order due to her