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Case 4

Gino, a 20-year-old patient with a fracture of the (R) ankle, was issued crutches in the PT department at XXX hospital. All appropriate risk precautions were explained by the PT issuing the crutches except for the normally routine caution 'not to lean on the crutch axillary pads', so as to prevent injury to the axillary nerves and vessels. Upon arriving at home, Gino adjusted the crutches to make them longer so that they fit more snugly into the axillae.

Will Gino successfully sue the physiotherapist for professional negligence?

Answer