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TORT ESSAY - PROBLEM QUESTION Economic loss and duty of care

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  • Essay length: 2218 words
  • Submitted: 17/08/2006
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GCSE Child Development

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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

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