Elements of negligence to the actions of the first carer

Reference no: EM133525220

Scenario

Emma and her grandmother live together. Emma is an 18 year old young adult who also lives with intellectual and physical disabilities. Her home has been extensively adapted to provide a safe living environment. Emma is demanding and can be quite unpleasant to the carers who attend daily for 2 hours. On Tuesday, Emma, as usual, complains about being showered, being walked to the bathroom, being dressed, and is very agitated. The carer struggles at every stage of her duties and, in desperation, transfers Emma, using a wheelchair. On Wednesday, Emma is even worse. It is evident she has hardly moved since the day before, and she starts screaming when the carer attempts to mobilise her. Transferring by wheelchair despite Emma's refusal and distress, the carer, notices a large bruise over Emma's lower back and asks if that is why she is so difficult. Emma mutters she fell "days ago". On Thursday, a different carer attends and when getting Emma out of bed observes her left leg is cold and that a bruise is extending along the thigh. This carer calls the doctor who visits and diagnoses a broken femur (thigh bone) and an ambulance transfer for Emma to go to the hospital.

Respond to the following for Scenario:

Apply the elements of negligence to the actions of the first carer.
Where might liability lie in this scenario should action in negligence be commenced?

Reference no: EM133525220

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