Damages Flashcards
What was the point of law in Markaboui’s Case?
In circumstances where a person who owes a DOC to a P who is already suffering from loss or injury, there’s a higher DOC to not exacerbate the injury or make it worse.
What are the main cases?
- Markaboui’s case
- Hancock v State of Qld
- Wighton v Arnot
What are the facts of Hancock v State of Qld?
P was a woman who had suffered much in her life. She had three children, first 16, second 12 with learning difficulties in need of constant supervision, and third child.
Underwent procedure to become sterilised. Resume sexual relations, got pregnant.
P argued that the clip failed and that it must have failed due to negligence.
Held: It is a known risk that it might not work where the failure is not due to negligence. Action failed.
What are the facts of Wighton v Arnot?
Similar to Hancock’s case.
P suffered from lump on her neck.
Wanted to remove mass.
During procedure, defence severed a particular nerve of the plaintiff. This was not a result of negligence, but he had to cut out the mass.
After surgery, he undertook no diagnosis, nor refer the P to a specialist for remedial surgery.
Held: Dr Arnot failed to exercise due care in the period between completion of surgery and P’s discharge to address the suspicion he entertained at surgery.
Action successful, Doc was negligent
