Q7) Legal Causation: medical negligence (5)- completely done Flashcards
1
Q
What are the three medical treatment cases?
A
R V Cheshire (1991)
R V Jordan (1956)
R V Malchereck and street (1981)
2
Q
R V Cheshire
A
- Treatment falling within the ordinary band of incompetency is foreseeable.
- ‘So independent and a cause of death in itself’
3
Q
R V Jordan
A
- Palpably wrong breaking the chain of causation.
- This is called NOVUS ACTUS INTERVENIENS.
4
Q
R V Malchereck and street
A
- At the time of death, was the original injury still an operating and substantial cause of death?
- Turning off life support doesn’t break chain.
5
Q
What does legal causation require?
A
that the harm must result from a culpable (blameworthy) act.
6
Q
What are some important phrases to use?
A
- Operating and significant.
- Chain of causation.
- So independent.`
