Write my Essay on TORT LAW (Negligence)

TORT LAW (Negligence)

Order Description

You will need to read the relevant chapters of the relevant textbooks (TORT LAW) and demonstrate the ability to carry out your own independent research.
You will also need to demonstrate knowledge and understanding of the relevant statute and UK case Law
giving the legal basis surrounding the development of these principles to correctly identify the legal issues, state the law and then give advice as required.
WORD LIMIT: 2,000 WORD
OSCOLA REFERENCING ONLY
ONLY UK LAW REFRENCING

THE TASK
• Identify the legal issues arising from the facts in the scenario in relation to liability in Negligence.
• Evaluate analyse and apply appropriate legislation and case law in the answer.
• Examine the strengths and weaknesses in the application of the law to the facts.
• Provide fully reasoned legal arguments throughout.
• Support your arguments with relevant authorities throughout.
• Ensure you use good use of grammar, syntax and express your argument in a clear and concise manner.
• Finally, write a conclusion consisting of well-researched legal advice with reference to the facts applying legal principles throughout.

THE SCENARIO
Baby Lucy was born with serious physical and mental disability. Her mother, Gilly, was admitted to the neo natal unit of Fair-green Hospital on the 1st April 2017
suffering from pre-eclampsia. Lucy was born 5 days after Gilly was admitted.
A scan was undertaken on her admission showing the baby was very small given that Gilly was 30 weeks pregnant at the time she was admitted. The consultant considered
that Gilly was well enough to go full term and that this would be better for the baby. He did not advise Gilly that the baby was small for its gestational age. He
further considered that the pre-eclampsia was not serious and did not require urgent action.
The consultant advised Gilly that they would keep her in hospital for observation. However, on the 3rd April, Gilly was discharged from hospital and advised to rest
and refrain from work.
Gilly is a practising barrister and was due to appear in court on the 4th April in relation to a long standing complex case which had been adjourned part heard some
three weeks earlier.
Gilly attended the hearing, which continued until 7pm. As she was leaving the court building, she collapsed and was rushed to hospital by ambulance. The consultant
immediately placed Gilly on a drip and advised that they may have to induce labour. Gilly was unhappy about being induced and asked if inducement could be delayed
until her husband arrived. He was working in New York and flew home as soon as he heard about her collapse at court. The consultant agreed to delay inducing Gilling
for several hours so that Gilly’s husband could be present.
Lucy was born the following day some 36 hours after Gilly was advised that labour should be induced. Baby Lucy was born with serious brain damage, which is believed to
have occurred sometime during the delayed period of 36 hours.
Gilly had been injured in a car accident a year before she became pregnant and suffered internal and external injuries to her chest and stomach. She was advised by her
GP at the beginning of her pregnancy that it would be much safer, given her injuries suffered in the accident, if a caesarean operation was the form of delivery. The
GP notified Gilly’s consultant of the extent of her injuries and suggested that a close eye be kept on Gilly through her pregnancy.
Gilly seeks your advice on whether she has a claim against the hospital for the damage to baby Lucy. In your advice, also consider whether the position would be any
different if the inducement procedure had been undertaken sooner.