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Case 8

Answer

Does the casualty duty doctor owe the patients a duty of care?

Yes, the casualty doctor owed a duty of care in the circumstances;

Is the casualty duty doctor negligent?

The casualty doctor had been negligent in not seeing them;

But even if he had, it was improbable that the only effective antidote could have been administered in time to save the deceased. Therefore the defendants were not liable. The patient would have died anyway.

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