Exam (elaborations)
LPL4802 Assignment 1
- Course
- LAW OF DAMAGES
- Institution
- University Of South Africa
LPL4802 Assignment 1
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LPL4802 Assignment 1MASTER KYALO
GUARANTEED SUCCESS
ADMIN
, QUESTION 1: You should study lessons 1-3 before attempting this question
Read the set of facts below and provide a response on the question that
follows. NB. Your response must be presented in the form of an essay. Use
the rubric provided for this assignment to guide you in the planning of your
essay. Y, a female minor student at Smarties Junior Academy in Pretoria, was
born with a congenital cardiac failure that imperils other vital organs. The
result is that she does not enjoy the normal amenities of life and is often
sickly. She believes that her mother’s obstetrician, Doctor X, ought to have
diagnosed this prenatal ailment and advised her mother accordingly. Her
mother, Mrs B, confides in you that had she been advised correctly, she would
have terminated the pregnancy. Both these ladies approach you in your
capacity as an attorney and request that you file claims, on their behalf, for
damages against Doctor X.
Title: Medical Negligence and the Case of Y: An Analysis of Damages
and Liability
Introduction: The case of Y, a minor student at Smarties Junior
Academy in Pretoria, born with congenital cardiac failure and
subsequent complications, raises significant legal and ethical
questions surrounding medical negligence and liability. This essay
aims to explore the circumstances surrounding Y's condition, the
potential negligence of Doctor X, and the legal considerations for
filing claims on behalf of Y and her mother, Mrs B.
Body:
1. Background and Medical Condition: Y, a female minor student,
was born with congenital cardiac failure that has led to various
health issues, denying her the normal experiences of life. This
condition not only affects her daily life but also imperils other vital
organs. As a result, Y has endured frequent illnesses and a
compromised quality of life.
2. Doctor X's Role and Responsibility: Doctor X, the obstetrician
responsible for Y's prenatal care, holds a duty of care towards both
the expectant mother (Mrs B) and the unborn child. The central
question here is whether Doctor X failed in fulfilling this duty by not
diagnosing the prenatal ailment and advising Mrs B accordingly.
3. Medical Negligence and Standard of Care: To establish a claim
of medical negligence, it is essential to prove that Doctor X
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