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All Cases
Criminal Law
Court of Criminal Appeal
1956

R v Jordan

(1956) 40 Cr App R 152

Ratio Decidendi

In exceptional circumstances, grossly negligent medical treatment can break the chain of causation where the original wound has substantially healed and the treatment is 'palpably wrong'.

Facts

Jordan stabbed a man. The wound was healing, but doctors administered a drug to which the victim was known to be allergic and gave excessive intravenous fluids. The victim died.

Judgment Summary

The murder conviction was quashed. The medical treatment was 'palpably wrong' — sufficient to break the chain of causation.

Key Quotes

"Death resulted from the introduction of terramycin after the deceased had shown he was intolerant of it. The treatment was palpably wrong."

Hallett J

Subsequent Treatment

Narrowly confined

Described as a 'very exceptional case' in R v Smith [1959] and R v Cheshire [1991].