Whilst Sheila is sedated in hospital, in preparation for surgery on her waist after falling at training with the national cricket team, the attending nurse asks her for her name, date of birth, and reason for being in the hospital. In her drugged state, Sheila raises her left hand and gestures to the wrist. The nurse marks the left wrist with a large distinctive X.

The surgeon in the theatre soon begins the operation on Sheila's left wrist but realizes that this is not where the injury is. He switches up to the incision and starts to operate on the right wrist. The operation is a success, but 

Sheila is now unable to resume training early and is unable to travel with the national team to the world cup tournament.

Sheila wants to see the hospital and the doctor for her injuries.

Assume that the duty of care exists With the aid of case law, explain what Sheila needs to establish in order to prove that the duty was breached and that there was resultant damage.

Answer rating: 100% (QA)

The case law Sheila needs to establish comes under the doctrine of Res Ipsa Loquitur or the thing sp... View the full answer