Question

Shakila’s husband, David, had vomited after having dinner at a local restaurant. Shakila then brought him to Hospital Suredie for treatment. It was 1.00 a.m. in the morning and there was no doctor on duty. The assistant nurse on duty had called Dr. Quack Nicholson, who was the doctor in charge, for instructions. Dr. Quack instructed the nurse to tell the patient to go home and consult his own personal physician in the morning. Shakila’s husband died later the next day. The cause of death was diagnosed as a chronic disease and he would have died anyway, even if Dr. Quack had treated him.

Advise Shakila whether she can successfully sue Hospital Suredie and Dr Quack for negligence.

Answer 1

Step-by-step explanation:

It is difficult to say whether Shakila can successfully sue Hospital Suredie and Dr. Quack for negligence without more information about the specific circumstances of the case and the laws in the jurisdiction in which the incident occurred.

In general, for a negligence case to be successful, it must be proven that the defendants had a duty of care to the patient, that this duty of care was breached, and that this breach caused harm to the patient.

In this case, it could be argued that the hospital and Dr. Quack had a duty of care to David as a patient seeking medical treatment. However, it is also stated that there was no doctor on duty and the cause of death was diagnosed as a chronic disease and he would have died anyway, even if Dr. Quack had treated him. This information suggests that the death may not have been preventable and that there may not have been a breach of the duty of care.

It would be advisable for Shakila to consult with a lawyer experienced in medical malpractice cases to determine the specific laws and regulations that may apply in her case and to evaluate the strength of her potential legal claim.