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所有案例
Criminal Law
Court of Criminal Appeal
1956

R v Jordan

(1956) 40 Cr App R 152

判决理由

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'.

事实

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.

判决摘要

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

关键引述

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

Hallett J

后续处理

Narrowly confined

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