• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

TORT ESSAY - PROBLEM QUESTION Economic loss and duty of care

Extracts from this document...

Introduction

TORT ESSAY - PROBLEM QUESTION Economic loss and duty of care Isabelle Richard As a result of a car accident caused by Rahul's negligence Sunita is transported to the Accident and Emergency Department of Milton Hospital where unfortunately it soon transpires that nothing can be done to save her. However her parents convince the doctors to keep her artificially biologically alive so as to carry her baby to term. Three months later her son Ashok is born with severe disabilities consequential upon the physical trauma suffered by his mother, and by repercussion, himself, during the accident. Sunita's husband seeks to sue the Milton Hospital Trust in negligence for the birth of his disabled son. The Milton Hospital Trust will be held vicariously liable for the torts committed by its employees during the course of their employment. The issue is therefore as to whether the doctors committed a tort in relation to Sunita's husband when they took the decision to keep her artificially alive for the sake of her unborn baby. The claimant will wish to establish that had they properly diagnosed the risks involved (i.e. the likelihood of the child to be severely disabled) and informed him accordingly he would have certainly exercised his right to terminate the pregnancy (and not keep Sunita on life-support) ...read more.

Middle

a result of it, Lord Steyn applying principles of distributive justice; it would seem normal, logical to anyone that the 'burden' of bringing up an healthy child should fall on the parents, and Lord Clyde considering the expenses the defendant would have to incur if a duty was found would be out of proportion with his culpability. The issue as to when the baby born is disabled was not directly addressed. Judge Henriques in Hardman v Amin reviewed the case concluding it should not and did not apply to the situation where the child is disabled as a result of such clinical negligence. The subsequent Court of Appeal's decisions in Parkinson v St James and Seacroft University Hospital NHS Trust (2001) EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust (2002) EWCA Civ 88 seemed to confirm the view that damages for the cost and maintenance of a disabled child born because of the negligence of the defendant. In such cases therefore it would be fair, just and reasonable to hold the doctors liable in negligence for the (unwanted) birth of a disabled child; it would meet the principles of distributive justice and liability would not be out of proportion with the culpability since the doctors should be taken to have known the disastrous consequences such birth could have upon the parents. ...read more.

Conclusion

The fact that the doctors' actions were not the sole reason for the disability of the child, that the child would not have been disabled if Rahul had not caused the accident in the first place, is mostly irrelevant. Recoverable damages Following the recent cases mentioned above will be awarded the extra cost associated with the disability of the child ; normal costs relating to the upbringing of a child (healthy or disabled) will not be included (following McFarlane). Sunita's husband should be able to recover the expenses that will be needed to accommodate the disabled child due to his disability, to provide for his special needs, the cost of any treatment needed ... Concluding comments on Rahul's liability We can note that Sunita's husband should be able to sue Rahul in negligence for the accident, which caused the death of his wife (considering a possible reduction in the damages awarded due to contributory negligence, by Sunita in not wearing her seat-belt). In relation to the disabled Ashok, if the doctors can escape liability by showing that their actions were not unreasonable then Rahul might be held liable instead since the chain of causation would not have been broken by the medical intervention (Knight v Jones [1982] 1 WLR 349 (CA)). WORD COUNT : 2190 MARK OBTAINED : 72 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Child Development section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Child Development essays

  1. Throughout my essay I am going to study and look at the work of ...

    hired to find out why the process of fermination to make alcohol was going wrong. He discovered that there were large amounts of harmful microorganisms in the vats, and by doing so, he proved that these microbes were the cause of decay, and that they traveled through air.

  2. The purpose of this essay is to describe the holistic assessment of a 66 ...

    "Conducting an assessment provides an opportunity to involve patients in their own care, to develop nurse/patient rapport, to establish the normal life pattern of the individual and to create a document which is not only available for all to see but which can provide a foundation for a plan of care" (Basford and Slevin, p.508)

  1. People with learning disabilities experience loss and bereavement - Analyse how services might support ...

    Familiar daily routines should be continued as these provide a sense of stability and normality (Conboy-Hill, 1992). To access the unique world of a bereaved person with learning disabilities "...requires an element of creativity and adaptability from the bereavement counsellors involved" (Read et al, 1999, p.104).

  2. Health, Social Care and Early years provisions.

    If they fail to do this because of the lack of money, then the home will be closed until it can meet the regulations. This in the long run would cause the home to become more expensive, and again preventing elderly people from using the services because of financial matters.

  1. Health and Social care

    Advice A professional opinion is very important to a client who is not well. Advice is a vital part of the client-carer relationship and gives a more emotional relationship a chance to develop. It also means the patient will receive help with vital decision-making.

  2. Children and the Law.

    In this case however I believe an EPO would be granted due to the fact that the situation has gotten worse and there is no longer any cooperation between Ruth and social services. Ellie is also very young and so in greater need of protection.

  1. Adolescent Pregnancy

    Yet the same society has a radically different message it sends through media. "More than two-thirds of the shows on U.S. television now have sexual content" (CNN 2001). Teen television characters that engage in sexual activity have also risen over the years (CNN 2001).

  2. Reflective essay on "The Little Prince"

    the name of their 'entity' but this ownership isn't really worth being called an ownership because they are of no use to such things. Besides they ignore more important, invisible things of life for which they can make a significant difference.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work