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Mrs. Smith was aged 85 and on 28 November 2009 was admitted to hospital with pneumonia. On 1st December 2009, she was being assisted by a nurse to get out of bed when she slipped on a wet floor and sustained a fractured neck of her right femur. …
This was treated surgically on 2 December 2009. She died of a pulmonary embolism following a deep vein thrombosis on 10 December 2009.One scenario is that the nurse could be sued for the fractured neck of the patient's femur. Another scenario is that the hospital might be sued for the fractured neck of the patient's right femur. The doctor could be charged with malpractice for the way in which he handled the pulmonary embolism for surgery. The hospital could be liable for the surgery gone wrong. Additionally, as a fifth scenario, the hospital might be liable for the patient's death, in which case, it would be a wrongful death lawsuit. As a sixth scenario, the hospital could get sued for negligence for the patient's death.The first scenario is that the nurse could be sued for negligence in the matter of the patient having fractured the neck of her femur. The nurse was supposed to be helping the patient avoid such a travesty. Since this accident happened on her watch, she would be liable. In negligence, the person preventing the wrong from happening to the other person has a duty of care. "Under the new rules, the existence of a duty states will depend on three factors: the foreseeability of damage occurring; the proximity of the relationship between the claimant and defendant; and whether it is just in the circumstances to impose a duty of care." ...
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