Shakila’s husband, David, had vomited after having dinner at a local restaurant. Shakila then brought him to Hospital Suredie for treatment. It was 1.00 a.m. in the morning and there was no doctor on duty. The assistant nurse on duty had called Dr. Quack Nicholson, who was the doctor in charge, for instructions. Dr. Quack instructed the nurse to tell the patient to go home and consult his own personal physician in the morning. Shakila’s husband died later the next day. The cause of death was diagnosed as a chronic disease and he would have died anyway, even if Dr. Quack had treated him.

Advise Shakila whether she can successfully sue Hospital Suredie and Dr Quack for negligence.