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Old 01-28-2008, 12:16 PM
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Meddeen250 Meddeen250 is offline
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This case is sad. May her soul rest in perfect peace.

However, it is traditionally extremely difficult to obtain damages of negligence in relation to public bodies such as the police, the hospitals etc. The problem is that judges have traditionally insisted that if such claims are allowed, public bodies will resort to defensive practices and that could be detrimental to society. This brings to mind an interesting question: was the hospital negligent in their duties or would saving her life result in the death of another individual on the list? I also believe the judges should look at the role of the Home Office in this matter, although they will argue it is with in their discretion and therefore it is up to them to decide whether she gets indefinite leave to remain in the UK or not.

Her lawyers will probably be using Article 3 of the Human Rights Act which gives everyone "the right to life". But the main question that will probably be on the minds of the judges is; did the hospital owe her a specific duty of care even though saving her life would probably lead to the death of another person on the list?
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