Max went to see his doctor complaining of stomach pains and cramps and generally feeling unwell.
His doctor gave him a medical examination and just prescribed him antacid and rest. Max, who had, in fact, accidentally ingested caustic soda whilst cleaning drains, subsequently died.
Is the doctor liable in negligence to Max's family and does he have any defences?
(A) The doctor is liable in negligence to Max's family.
(B) The doctor may be liable for negligence to Max's family but can rely on the defence of contributory negligence.
(C) The doctor does not have any defences.
(D) The doctor can never be liable in negligence to Max.