Question:
Eric, his wife Bertha and his daughter Alice (aged 15) were involved in a car accident caused entirely by the negligence of another driver, Denzel. Eric, Bertha and Alice were taken to Littletown hospital.
Eric suffered abdominal injuries in the accident. The surgeon, Mr Yates, decided to attempt a recently developed technique which he had briefly read about the day before in the latest edition of the medical journal, Gut Repair. Four hours into the operation, Mr Yates realised that he didn’t fully understand the new procedure and decided to resort to the conventional technique. A few minutes later Eric suffered a cardiac arrest and will be left with permanent brain damage. Had Mr Yates adopted the conventional technique from the outset, Eric stood a 40% chance of making a full recovery.
Upon arrival at hospital, Alice required immediate surgery. Although in significant pain, Alice stated that she had recently decided to join a religious group which prohibits its followers from receiving blood in medical treatment. Alice consented to surgery but said ‘no blood’ before lapsing into unconsciousness. Unable to speak with Alice’s parents about Alice’s views, the consultant Mr Green undertook the surgery, which included the transfusion of a pint of blood. Alice made a full recovery but is furious that she was given blood.
Bertha suffered injuries to her legs. She is very concerned about her injuries as she is a professional ballerina. She spent two weeks in hospital during which time her injuries were assessed. Her consultant, Ms Hope, recommended that Bertha undergo surgery which, if successful, would reduce the need for months of intensive physiotherapy. Ms Hope failed to mention to Bertha the 2% chance that the surgery would weaken Bertha’s legs causing her to suffer spasms when tired. Bertha underwent the surgery but now suffers spasms on a daily basis. She claims that had she known the risks of the surgery she would have elected to receive physiotherapy instead.
Advise Eric, Alice and Bertha on the tortious issues arising from the above scenario.