Peter, the patient, has an appointment at hospital to see Diana, the Doctor, with symptoms X, Y and Z. While symptoms X and Y are the same as those of common English Disease A, symptom Z is not linked to any disease common in England. Diana diagnoses Peter with English Disease A and treats him accordingly. In fact, Peter has Tropical Disease B, which is new and little known in England, having only been publicised three months ago in the medical journal 'Tropical Diseases Quarterly', which Diana does not read, but which the hospital library subscribes to, along with numerous other medical journals. Left untreated, Tropical Disease B causes a patient's joints in their arms and legs to become stiff, making most everyday activities, especially walking, extremely difficult. If Tropical Disease B had been diagnosed by Diana, Peter could have been successfully treated.
On his way home from hospital, Peter is knocked down by a bus after the driver, Bill, falls asleep at the wheel. Although Peter survives the accident, he has to have both his legs amputated as a result of the injuries sustained in the accident.
A month later, Peter is diagnosed with a case of Tropical Disease B, which by then is irreversible, when the joints in his arms start to become stiff.
Advise Peter whether he may be able to claim compensation using the tort of negligence.
Answer by olmantwo
Any good ambulance chaser {laywer} will be glad to answer for you esp if they can make a buck.
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