‘The Duty of Care concept operates as an unnecessary and unfair restriction on liability for negligently inflicted harm’. Consider the arguments for and against this position and reach a reasoned view.
In March 2021, Vida’s baby was born by emergency cesarean section at Bantam Hospital. The baby required resuscitation. She was not able to see her child as the baby was immediately rushed to the NICU where a tube was inserted to help her breathe. Vida saw the baby for the first time the next morning.
At that time, the baby was in an intensive care box, surrounded by tubes, monitors, and other medical equipment. Vida could not hold or touch her baby. The baby was later diagnosed with brain damage for which the Bantam NHS Trust has admitted liability on the basis that there was a culpable delay in delivering the baby after clear signs of distress were evident on the heart monitor.
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