2025 Question 2 — LawShortcut Independent Model Answer
Medical Negligence · Wrongful Conception · Birth Injury
Scenario summary
In the summer of 2023, Ms A has a €10,000 tubal ligation carried out at Snip Ltd. Dr B assures her the sterilisation is permanent but negligently leaves one fallopian tube improperly cut and fails to spot the mistake. In 2024, A finds herself pregnant with twins.
She gives birth at Hospital C under the care of Dr D. Twin E arrives healthy, but late in the labour no foetal heart monitor is attached, and Twin F sustains a catastrophic hypoxic injury now expected to require €5.5 million in lifelong care. Raising the healthy Twin E to the age of 23 is estimated at €350,000.
A retains a solicitor, Ms G, who in turn briefs Barrister H. H pleads a case against Hospital C and Dr D but, at trial, fails to cross-examine D properly, and A's claim is lost.
Candidates are asked to advise A on the claims in tort open to her against each of those involved, and on quantum.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- 1. Governing Medical Standard — Dunne
- 2. Ms A v Dr B — Failed Sterilisation
- 3. Twin F v Dr D and Hospital C
- 4. Ms A's Own Psychiatric Injury
- 5. Ms A / Twin F v Barrister H — Negligent Litigation
- 6. Quantum
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Tort Model Answer Vault.
Part of the King’s Inns Tort Model Answer Vault — 30 independently authored model answers, 2020—2025.