- 10 Marks
BCL – L1 – Q30 – Negligence
Question
Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.
Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:
(a) What is professional negligence
(b) Advice on the options available to her
Answer
(a). Negligence has to do with Duty of Care, Breach of the Duty of Care and Damages. Negligence was defined as the omission to do something which a reasonable man will do.
(b). The employer is vicariously liable for the torts of his worker which were committed in line of duty.
Emmanuel took steps to deliver the mandate of the hospital in order to protect the interest (economic) of the employer though not authorized and not possessing the requisite skills.
Management did not reprimand Emmanuel instead they were repudiating liability. Management is liable, jointly and severally with Emmanuel for claims by Beatrice Yeboah, using appropriate decided case – Ekem v Wiseway Cleaners.
Beatrice can sue the hospital for damages.
- Tags: Damages, Negligence, Tort, Vicarious Liability
- Level: Level 1
- Topic: Tort
- Uploader: Samuel Duah