Extract:
Chris bought a balti pie during half time at a match between the Wanderers and United football teams. The pie was in a sealed opaque foil package with the manufacturer's name "Pukiepies" marked on the packaging. Chris opened the package and began eating the pie. On his third mouthful of the pie he bit down on something hard which also tasted revolting. Chris instantly spat the mouthful back onto the package and discovered that the hard object was a decomposing finger. Chris later felt dizzy and suffered very bad stomach ache and went to the Accident and Emergency Department at Witherington Hospital. At the hospital, gastroenteritis caused by the poison in the decomposing finger was swiftly diagnosed and Chris's stomach was pumped. A junior doctor, Dr Hugh Sless, then injected Chris with antibiotics to prevent infection.
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In order to have a successful medical claim for negligence, it must be shown that the medical practitioner fails his duty of care to his patient and that due to the breach, the patient suffered injury or that the an existing injury was made worse.
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