Topic 9 Breach of Duty - Tutorial Question

Janice and Peter had been married for 6 years. They both loved children but had difficulties conceiving a child. Upon medical examination, Doctors informed Janice that her uterus had suffered some injuries when she had a road accident ten years ago. However, Doctor Jones from Best Child Care Hospital had advised that they should not give up hope and keep trying. Doctor Jones, a renowned gynaecologist was Janice's doctor. In May 2022, 8 years after her marriage, Janice got pregnant and went into labour in February 2023. She was taken to Best Child Care Hospital for delivery. There she was taken care by Doctor Jones who ran all the necessary tests and scans before the delivery. Upon scanning, Doctor Jones found that the umbilical cord was tangled around the baby's neck. He informed Janice that the umbilical cord was tangled around the baby's neck and that a C-section may be required. Janice did not want a C-section and said she would go for normal delivery. A baby boy who was named James, was born. Due to the umbilical cord tangled around his neck, upon being pulled during the delivery had stopped oxygen flow to the brain leading to severe brain damage which left his paralysed. Doctor Jones had not advised Janice of the dangers to the child if normal delivery was pursued instead of a C-section. James through is guardian comes to you for advice if he can sue the following for the damage to his brain and his paralysis: 1. Janice 2. Doctor Jones 3. Best Child Care Hospita