Unit Title: Civil Dispute Resolution Pleadings
This assignment is marked out of 40 in total and is due to be submitted by 28 September 2021 via the submission point in the Assignment Submission are of the LWZ317 Learn line site.
Civil Dispute Resolution Pleadings Assessment – Australia.
FACTS:
1. In or about May 2018, Josie Adams (born 5 August 1988) and her husband were referred by their GP to Reproductive Services Australia (RSA) for management of fertility issues.
2. RSA operates a fertility clinic at which medical advice and treatment is provided by contracted medical practitioners.
3. Dr Meredith Salakia is a consultant gynaecologist who provides assisted
reproductive technology services for RSA. At the relevant time, Dr Salakia was under a service contract with RSA for her services. Her contract provides, amongst other things, that Dr Salakia will:
a. exercise reasonable skill, care and diligence; and
b. indemnify RSA against all actions, claims, damages, charges and expenses which may be brought or claimed against RSA arising out of or in relation to a breach of this contract by Dr Salakia.
4.Josie Adams consulted with Dr Salakia at RSA in June 2018 for investigation of infertility and underwent various tests as a patient of RSA.
5.During subsequent consultations with Dr Salakia in July 2018, Josie and her husband were informed that her husband had a very low sperm count and that they should consider undertaking an IVF cycle. An IVF cycle involved:
a. An ‘egg retrieval procedure’, in which mature eggs are collected from the
ovaries (and fertilized with sperm in the lab); and
b. An ‘embryo transfer’ in which the fertilized egg is transferred to the uterus.
Civil Dispute Resolution Pleadings Assessment – Australia.
6.Josie was provided with an RSA Patient Information Pamphlet which explained the IVF procedure and the risks associated with same. Relevantly, Pamphlet stated that the risks of the surgical procedures i.e. the egg retrieval and embryo transfer, were small, but included abdominal pain, vaginal bleeding, infection and damage to the bowel or bladder.
7.The risks were also verbally discussed by Dr Salakia. Josie signed the RSA
consent form called “Consent to Infertility Treatment” to undergo the IVF
procedure. The consent form included an acknowledgment that Josie was
informed of and understood the risks of the procedure as set out in the RSA
Pamphlet.
8.On 8 September 2018, Dr Salakia carried out an egg retrieval procedure at RSA’s surgical clinic on Josie and collected 10 eggs under generalanaesthetic (the Egg Retrieval). The medical records show that the procedure was “routine with no complications”.
9.On 13 September 2018, Dr Salakia performed an embryo transfer on Josie (the Embryo Transfer) which is recorded in Dr Salakia’s notes as “easy transfer”.
10.On 15 September 2018 Josie called Dr Salakia saying that she had had two days of lower back pain and had a fever. Dr Salakia advised Josie to collect a urine sample; go to a pharmacy and obtain antibiotics (Dr Salakia faxed a prescription to the pharmacy); and that a nurse would contact her the next day for further tests.
11.However, in the early hours of 16 September 2018, Josie was transported to a Darwin Hospital by ambulance complaining of severe abdominal pain and vomiting. Thereafter, the hospital staff and doctors treated Josie.
12.In the evening of 16 September 2018, Josie underwent an open laparotomy during which there was a division of adhesions and a washout of the peritoneal cavity. The findings from the laparoscopy record that there was a principal diagnosis of bowel perforation and abdominal sepsis in the cavity.
13.Josie spent several weeks receiving medical treatment in hospital.
14.Since her discharge from hospital, Josie has continued to suffer abdominal problems (with at least 12 admissions to hospital) and has seemingly suffered from depression, anxiety and post-traumatic stress disorder. Further, she now claims to no longer be able to conceive naturally because of her complications in 2018. In particular, another medical expert has opined that tests performed in May 2021 have revealed that both Josie’s fallopian tubes are now occluded as a result of her bowel perforation.
15.Josie alleges that Dr Salakia’s negligence caused her loss and damage which is alleged to involve: 1) suffering further medical injuries including sepsis; 2) no longer being able to conceive naturally; 3) suffering psychological injury; and 4)suffering consequential damages including loss of income, need for care, and other costs.
Josie instructs you to commence legal proceedings.
Part A (must complete 1 and 2)
1.Prepare a Writ endorsed with a Statement of Claim.
2.Prepare a defence.
Part B
3.Prepare a comprehensive pre-litigation letter on behalf of Josie against the prospective defendant/s in accordance with Practice Direction 6 of 2009 issued by the Supreme Court of the Northern Territory.
Civil Dispute Resolution Pleadings Assessment – Australia.
Please note that generic words on the forms (as found in the Rules) used in the assignment are to be excluded from the word count for the assignment.
You may invent and insert any facts and particulars that you decide are necessary or desirable (by reference to the principles of pleadings in general an Order 13 of the NT Supreme Court Rules), as long as they are not inconsistent with any of the facts specified in the above scenario.
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