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Dominic - the difficulty with the personal responsibility argument is that the Trial Judge accepted that if the Claimant had been given the correct information, it was likely he would have stayed. It was also accepted as reasonably foreseeable that someone, given the incorrect information that the Claimant was given, would get up and leave.

Even if you still consider the patient (who whilst drunk had also suffered a serious head injury...) was responsible notwithstanding the incorrect information, it still strikes me as a contrib point rather than than a duty of care point.

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