Identify whether all the elements of negligence are present and, if .pdf

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Identify whether all the elements of negligence are present and, if so, who or what entity will be sued successfully: A mother has grown tired sitting up with her baby daughter in the hospital where the daughter has RSV (Respiratory Syncytial Virus) so she stops by the nursing station and asks the nurse to check on her baby while she gets some breakfast, the nurse says she will, the baby develops a choking obstruction from drainage and stops breathing, when the mother returns she finds her baby lifeless, the baby is resuscitated, and the baby suffers severe brain damage. Solution Yes, the element of negligence is present here. Due to the nurse\'s negligence the baby developed a choking obstruction from drainage and stopped breathing. The mother found her baby dead. Since the damage is huge, the nurse must be sued of negligence..

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In addition, we also deem it fit to award a sum of Rs. 1,50,000/- in lieu of the financial hardship undergone particularly by Sharanya’s mother, who became her primary caregiver and was thus prevented from pursuing her own career. In Spring Meadows Hospital and Another v. Harjol Ahluwalia [1998 4 SCC 39] this court acknowledged the importance of granting compensation to the parents of a victim of medical negligence in lieu of their acute mental agony and the lifelong care and attention they would have to give to the child. This being so, the financial hardship faced by the parents, in terms of lost wages and time must also be recognized. Thus, the above expenditure must be allowed. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 8065 OF 2009 V. KRISHNAKUMAR .. APPELLANT VERSUS STATE OF TAMIL NADU & ORS. ..RESPONDENTS With CIVIL APPEAL No. 5402 OF 2010 S. A. BOBDE, J.

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