Problem
Simran and Ciara are third year Law Students and have spent the afternoon looking at graduation dresses. Before heading home, they go to a new bar in Birmingham New Street to celebrate finding 'the perfect dresses'. Ciara is still very excited about passing her driving test the month earlier, so offers Simran a lift home in her car, assuring Simran that she's alright to drive as she's 'only had a couple of ciders'. On the journey home Ciara loses control of the car and crashes into a lamp post. Simran suffers cuts and bruises and is taken to hospital for a check-up due to complaints of pain in her left arm, Ciara is physically unharmed.
Elena was walking nearby the bar in Birmingham New Street to meet her friends when the accident occurred. Although Elena is physically unharmed, she now suffers from post-traumatic stress disorder after witnessing the accident.
At the hospital Simran is seen by Dr. Salvatore who decides not to X-ray Simran's arm to assess the extent of the damage as he recently read a report in a little-known medical journal which suggested that it is better to allow the body 'time to heal' following a trauma. Deciding Simran's arm is not broken but only bruised, Dr. Salvatore sends Simran home to rest and recover with some paracetamol and ibuprofen. 1 month later, Simran returns to hospital the following month with continuous pain in her left arm. It transpires that Simran's arm was in fact broken and, because it was not set in the proper cast (which an X-ray would have confirmed) the bones have fused together wrongly, resulting in a permanent disability. Simran is very upset about this as she cannot continue her job as a violinist for the orchestra she plays for. An expert witness says that there was a chance Simran's arm might not have recovered regardless of Ciara's negligence or Dr. Salvatore's failure to diagnose her broken arm, due to a previous accident years ago.
Simran's grandmother is so distraught about her granddaughter's permanent disability that she now suffers from extreme anxiety and refuses to leave the house.
Advise Simran, Elena, and Simran's grandmother on their rights in negligence against the defendant(s) Ciara and/or Dr. Salvatore. using this method.