GNM Flashcards
define GNM
act/omission that’s grossly negligent to a person who is owed a duty of care and causes their death
what are the 3 elements
1- D owes V a DOC
2-D BREACHES this DOC causing DEATH
3- Ds act/omission is grossly negligent
element 1
what test is used to establish a DOC
Donaghue v Stevenson
V drank beer that had a snail inside but the drink was brought for him so struggled to make direct claim
when is this case not used
(what circumstance)
give examples
when duty already established
dr-patient
parent-child
teacher-student
wacker
hint- lorry
D agreed to smuggle ppl into UK in back of lorry, he closed the air vent to avoid detection at channel, couldn’t breathe
58/60 died
WAS GNM
POL- duty of care already established lorry driver- passenger
evans
hint- heroin
D brought V heroin, V self injected it and developed symptoms D recognised as an overdose
decided not to seek medical help, V died
GUILTY GNM
POL- D duty to help save her life she contributed to death by providing
element 2
define breach standards
what rules apply? why?
-breach= D fails to reach standard of care expected, measured against RM performing same act
-causation rules apply as breach must cause death
Adomako
D= aneathesist doing eye op, failed to notice oxygen tube come away, v died
GUILTY GNM
POL- breach, a reasonable competent aneathesist would’ve realised
element 3
what does ‘grossly’ negligent mean
-Ds negligence is so potent in causing death as it puts V at risk of death
Bateman
hint- birth
D was Vs Dr at birth, part of Vs uterus came away during childbirth, D didn’t send V to hospital for 5 days, V died
NOT GNM
POL-carried out normal procedures of reasonable Dr
Misra and another
hint - knee
V had op on knee, D responsible for his post op care and failed to identify infection V died from
WAS GNM
POL- was a risk of death from D conduct
