Lucy, the patient, has an appointment at hospital to see Elizabeth, the Doctor, with symptoms X, Y and Z. While symptoms X and Y are the same as those of common English Disease A, symptom Z is not linked to any disease common in England. Elizabeth diagnoses Lucy with English Disease A and treats him accordingly. In fact, Lucy has Tropical Disease B, which is new and little known in England, having only been publicised three months ago in the medical journal 'Tropical Diseases Quarterly', which Elizabeth does not read, but which the hospital library subscribes to, along with numerous other medical journals. Left untreated, Tropical Disease B causes a patient's joints in their arms and legs to become stiff, making most everyday activities, especially walking, extremely difficult. If Tropical Disease B had been diagnosed by Elizabeth, Lucy could have been successfully treated.
On his way home from hospital, Lucy is knocked down by a bus after the driver, Brian, falls asleep at the wheel. Although Lucy survives the accident, she has to have both her legs amputated as a result of the injuries sustained in the accident.
A month later, Lucy is diagnosed with a case of Tropical Disease B, which by then is irreversible, when the joints in her arms start to become stiff.
Advise Lucy whether she may be able to claim compensation using the tort of negligence.
harchickgirl1
No.
How is it negligent for Elizabeth to miss a diagnosis that is only just coming to light in England? That would be like suing for missing an HIV diagnosis in 1983. Maybe in 2003, but not in 1983. Sheesh!
She might be able to claim negligence from Brian, though.
hot slaw
Lucy has a cause of action against Brian for negligence.
Lucy only has a cause of action against Elizabeth if she can show that a reasonable physician would or should read the journal in the hospital library. In other words, Elizabeth is held to the standard of care of a regularly practicing physician in that community.
At least, that is the test in the US.
bozo c
She is always able to claim. The question is will the courts agree. I think she will have an easy enough time with the driver. I think she has a claim against the doctor too, but I am not a lawyer.
Orignal From: Tips: Tort law question on negligence, please help!?
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