Discuss whether Florina is likely to succeed in a medical negligence claim against the receptionist or the radiologist.

Assessment 1: Problem-based question
Learning outcomes: This assessment assesses learning
outcomes 1,2 3 and 5.
Word guide: 2000 words.
Read the following scenario carefully:
Florina
is a 25-year-old female. She was involved in a road traffic accident (RTA) on
12th August 2022. The day after the accident she experienced muscular
pain, a stiff neck, dizzy spells and nausea. That night, she decided to go to
the Accident and Emergency department at her local NHS hospital. She told the
receptionist about the symptoms that she had been experiencing and that she had
been involved in a RTA the day before. The receptionist explained that Florina
did not appear to need urgent treatment and told her that because A and E was
particularly busy, she should expect to wait around 6 or 7 hours to be seen by
a medical professional. Florina did not want to waste precious NHS resources if
she did not need urgent medical care so decided to go home.
The
next morning, Florina made an appointment with her GP. The appointment was
scheduled for the next available slot, which was two weeks later. Florina
continued to experience symptoms during this two-week period.
Florina
attended her appointment and explained the situation in full to her GP. She
also explained that she had experienced very disrupted sleep because of the muscular
pain and stiff neck. The GP concluded that Florina was most likely suffering
from symptoms of whiplash but was concerned about the fact that she was experiencing
dizziness and nausea. He decided to refer her to hospital for an urgent head
scan to rule out the possibility of a more serious head injury. Florina was
given an appointment for a CT scan later that day.
The
CT scan showed that Florina had sustained a minor head injury and that this had
caused some bleeding on her brain. Florina was transferred to a ward and the
bleed was treated successfully. Unfortunately, the radiologist failed to spot the
fact that the scan also revealed that Florina had a tumour on her brain. The
tumour was diagnosed some months later when Florina had a second CT scan. This second
scan was arranged because Florina had reported severe headaches and dizziness. The
tumour was treatable but the chance of the treatment being completely successful
was estimated to be around 45%. The chances of her making a full recovery would
have been higher had the tumour been diagnosed and treated at the time Florina
has the first CT scan. The tumour has been treated successfully but Florina has
not made a full recovery and will most likely experience minor health complications
for the rest of her life.

With
reference to the scenario above, critically discuss whether Florina is likely
to succeed in a medical negligence claim against the receptionist or the
radiologist. You must cite relevant legislation and case law to support your
answer.

Referencing requirements: You must use the
OSCOLA referencing system. A quick guide to OSCOLA can be accessed here: oscola_4th_edn_hart_2012quickreferenceguide.pdf
(ox.ac.uk)

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