Task $1$:

Scenario $1$:

Ms$.$ Sameera, a $35-$year$-$working woman, had been enduring excruciating chronic back pain for several months due to a herniated disc in her lower back. The pain had significantly impacted on her daily activities and quality of life, prompting her to seek medical assistance. After consulting with her primary care physician, she was referred to Prestige General Hospital, a renowned medical institution known for its expertise in orthopedic procedures.

Filled with hope and trust in the hospital's reputation, Ms$.$ Sameera arrived at Prestige General Hospital for her scheduled surgery. Dr$.$ Abdulla, an esteemed orthopedic surgeon with a stellar reputation for successful procedures, was assigned to perform the surgical intervention. Ms$.$ Sameera felt reassured knowing that she was under the care of such an experienced and renowned specialist.

As the day of the surgery arrived, Ms$.$ Sameera arrived at the hospital, accompanied by her supportive family. She was prepared for the procedure and taken to the operating room, where Dr$.$ Abdulla and the surgical team were waiting. The environment exuded professionalism and efficiency, further reinforcing Ms$.$ Sameera$$s confidence in the hospital and its medical staff.

However, as the surgery progressed, an unforeseen and devastating event unfolded. Despite Dr$.$ Abdulla's extensive experience and reputation, an error occurred during the procedure, leading to the inadvertent damage of a nearby nerve. Unbeknownst to both Dr$.$ Abdulla and Ms$.$ Sameera at the time, this error would have severe consequences for Ms$.$ Sameera's health and well$-$being.

Upon awakening from the anesthesia, Ms$.$ Sameera immediately noticed something was amiss. Instead of experiencing relief from her chronic back pain, she felt an agonizing, new sensation radiating down her leg. The pain was excruciating and persistent, leaving her bewildered and deeply concerned about her condition.

Medical examinations and subsequent consultations with other specialists confirmed the devastating truth, Ms$.$ Sameera had suffered nerve damage during the surgery. The damage resulted in severe complications, including persistent pain, loss of sensation$,$ and reduced mobility in her lower extremities. What was supposed to be a solution to her chronic pain had become a life$-$altering setback.

Ms$.$ Sameera$$s hopes and trust in Prestige General Hospital and Dr$.$ Abdulla were shattered. She struggled to comprehend how such a reputable institution and highly regarded surgeon could have made such a critical mistake. The emotional and physical toll on Ms$.$ Sameera and her family was immense, as she was sole bread earner of the family and they grappled with the devastating consequences of surgery.

In the aftermath of the surgery, Ms$.$ Sameera faced a long and arduous journey of recovery, rehabilitation, and ongoing medical treatments. Her life had taken an unexpected turn, as she now had to navigate through a world of chronic pain management, therapy sessions, and the need for long$-$term medical care.

$1.$ By using relevant law to support your answer explain whether Sameera can sue Prestige General Hospital and Dr$.$ Abdulla. Assuming that, Sameera has a valid claim against advise her on the determination of her damages. $(2+3=5$ Marks$)$

$2.$ Explains the elements of negligence Sameera will have to prove while making a claim against Prestige General Hospital and Dr$.$ Abdulla $($You must use relevant case law to support your answer. $(5$ marks$)$

$3.$ Explain the defenses available to Prestige General Hospital and Dr$.$ Abdulla if it decides to defend itself against Sameera$$s claim. You must use relevant case law to support your answer. $(5$ marks$)$