Darren has been injured in a minor car accident and has cracked a bone in his right foot. At hospital he is advised that his injury can be operated on, but the operation carries significant risks for a goal kicker. Darren’s doctor, Zhivago, advises him that the operation on his foot can fix the problem, but may also result in a permanent inability to kick goals. She fails to inform Darren that if the operation is unsuccessful, the over compensation to his right foot will eventually result in him being unable to play football altogether. Darren is advised that the operation carries a 70% success rate although, as injuries to goal kickers are rare, the sample size for such a statistic is limited. He is also advised to act quickly as the risk of inability to kick goals increases the longer it is left untreated. Whilst there are no recorded cases of the injury causing a complete inability to play football, without the operation Darren will be left with 15% less running speed.
Darren chooses to undergo the procedure. Unfortunately for him, the operation is a failure and he is rendered unable to kick goals. Within 6 months he suffers from persistent injuries to his right foot and before one year has passed Darren is unable to play professional football.
Darren is in your office seeking compensation for his loss. Had he been advised that he could be rendered completely unable to play football by the operation he would not have undertaken the procedure. Darren is also seeking compensation because he is no longer able to work as a bouncer, his former job before his football career.
Advise Darren in relation to the law of negligence and any defences that may be available.
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