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the anaesthetic had been contaminated with a sterilising fluid. This resulted in both claimants becoming permanently paralysed. The anaesthetic had become contaminated during storage. The anaesthetic was stored in glass ampoules which were emerged in the sterilising fluid. It transpired the ampoules had minute cracks which were not detectable with human eye. At the time it was not known that the anaesthetic could be contaminated in this way and the hospital followed a normal procedure in storing them this way (e-lawresources, 2015). There was no breach of duty. The risk was not foreseeable as it was an unknown risk at the time. This is the action that gives Benny the chance of success.Anesthesia has been contaminated with water disinfection. As a result, both have become permanent paralysis. Anesthesia has become something that has been contaminated during storage. The anesthetic was kept in a glass tube, which can pop out in water disinfection, it tube transpired has cracks and it cannot be detected by the human eye. While it is not known whether the anesthetic may be contaminated in this manner, and the normal procedures in hospital to their storage in this way (e-lawresources 2015) has been violated, that their risks are not able to predict is that it is an unknown risk at the time. This is an action that gives Benny a chance to succeed.
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