Aliya needed surgery on her right knee. When the anesthesia wore off after the
operation, she noticed surgical wrapping around both knees. When she asked the nurse
why both knees were wrapped, the nurse replied that the surgeon made an incision on
her left knee, discovered the mistake, and proceeded with the operation on the right
knee.
Required: Use IRAC method to advise Aliya on how she can probably recover damages
from the surgeon.
Question 3
Rakow owns a coffee shop. He buys cakes for the shop from Amy’s Cakes. Jane is a
regular customer at Rakow’s coffee shop. One afternoon, Jane ordered a slice of
chocolate cake. After eating half of the piece of cake, Jane discovered the partial
remains of a cockroach in her cake. Jane suffered nervous shock and gastroenteritis
and was unable to work for 4 weeks.
Required: Use IRAC to advise Jane if she would be successful in bringing an action in
tort law against Amy’s Cakes shop.
Question 4
Doreen, with the aid of crutches, was shopping in a suburban shopping centre. She
noticed a sign warning that the floor was wet and slippery but there was no alternative
route available. Although she took special care she fell and broke her hip.
Required: Use IRAC method to determine if Doreen would succeed in a negligence
claim against the shopping centre.

Answer rating: 100% (QA)

Issue Whether Aliya can recover damages from the surgeon for the mistake made during the operation Rule Medical malpractice occurs when a healthcare providers conduct falls below the accepted standard ... View the full answer