6LAW1062-0905-2024 [Medical Law Coursework 2]
Question # 49978 | Law | 4 weeks ago |
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$30 |
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2024/2025 Medical Law Coursework 2
Instructions
You are a trainee solicitor in the clinical negligence department of Cobalt Solicitors. The firm represent the interests of West Hertfordshire NHS Trust, who have instructed your senior partner Rebecca Vered to advise on two cases, both of which are outlined below.
Rebecca Vered will be presenting your advice to the Trust and has asked that it does not exceed 1,500 words. She advises that you should split your word count equally between Case No1 and Case No2. The footnotes and bibliography must support your advice and be OSCOLA compliant. She explains that the word count excludes the footnotes and the bibliography. She also asks you not to write in the first person (for example, ‘I will be advising’) but in the third person (for example, (‘The Trust is advised that’).
Finally, she tells you that the advice must display a depth of knowledge and understanding, referring directly to the relevant judgments to support the elements of issues outlined above.
Case No 1
You have been asked to provide an advice which explores in depth the issues which relate to medical (clinical) negligence.
You are therefore asked to advise on the elements of medical negligence which appear in the case below:
- The duty of care
- The different potential breaches of duty of care by Dr Cornfoot and Mr Nova
- Causation
The facts
For several years, Alysia a gymnastics coach at the local High School has also trained daily, in preparation for the Olympic trials. One day, whilst in training she sustains a back injury and an ambulance is called.
Once at West Herts hospital, Alysia is seen by Dr Cornfoot, a junior house officer, who fails to take a complete medical history which includes an allergy to Naproxen*. Unfortunately, Dr Cornfoot prescribes Naproxen to help relieve the pain in Alysia’s back, following which Alysia suffers a severe allergic reaction.
Alysia is rushed to the intensive care unit, where she spends the next 10 days heavily sedated,** until she is well enough to be transferred to a general ward. She was told by a nurse, that she was lucky to have survived.
Once on the general ward, she is seen by the orthopaedic surgeon, Mr Nova, who advises Alysia that she needs an operation to help repair the injury to her back. Alysia is concerned about the recovery, as her job requires her to be physically fit and she is hopeful of making the Olympic gymnastics team.
Alysia asks Mr Nova questions about the surgery, but Mr Nova dismisses her concerns and Alysia is not advised about the risks of the surgery or the option of more conservative treatment, such as physiotherapy. However, this specific surgery has a 1:1500 risk of permanent mobility impairment post operatively.
After the operation, Alysia slowly recovers but her movement is severely limited. After a few months her condition does not improve, and she has now sought advice from Cobalt solicitors as she believes the Trust have breached their duty of care. She is no longer able to work as a gymnastics coach and her dreams of making the Olympic team are shattered.
*Naproxen is an anti-inflammatory drug.
** Sedated – being in a clinically calm and controlled state, to help promote recovery.
Case No 2
Laila, aged 31, is 39 weeks pregnant with her first child. She was diagnosed with schizophrenia and anxiety when she was 21 years old.
Laila has decided she wants to give birth at home. Laila is healthy, but the recent scan shows the baby is in a breech* position. Giving birth to a baby who is in the breech position carries a risk that the baby could get stuck in the birth canal, which can cause severe injury or could be fatal for the baby. The consultant obstetrician has recommended that Laila's baby be delivered as soon as possible by a planned caesarean section.
Laila declined the caesarean section. She explained to the obstetrician that she understands that a breech delivery carries significant risk to the baby, but she still wishes to give birth at home. She told her midwife that dark forces were planning to kidnap her and her unborn child, so she must stay at home and give birth there because they would not be safe anywhere else.
The Hospital Trust wishes to apply to the Court of Protection for a declaration that Laila should attend the hospital for a planned caesarean section.
Please advise the Hospital Trust on the Mental Capacity Act 2005 and specifically how it may apply to this situation, including mental capacity and best interests.
*a breech position is where the baby is presenting with its pelvis or hips first. This can result in the baby getting stuck in the birth canal, which can cause injury or death.
Please ensure you read the Assessment Booklet carefully for assessment requirements https://herts.instructure.com/courses/121394/pages/module-assessment-strategy-and-assessment-dates-final
The assignment you submit on your canvas account must be your own work which you have planned and written independently. For further advice on academic integrity and/or how to use Turnitin, consult the LLB academic integrity page.
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