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landmarks in the common law

Negligent medical treatment within causation

The question of whether medical negligence breaks the causal chain as a new intervening act is often a key element in a scenario-based criminal law exam. Ian Yule addresses some of the common misunderstandings of this important issue

This column is relevant to AQA AS Unit 2 and A2 Unit 4, and OCR A2 Unit G153 (criminal law).

In most, if not all, cases where a serious injury has been inflicted on a victim, medical treatment is required, and the general rule in such cases is that the defendant will be held liable for murder or manslaughter if that treatment is negligent and as a result the victim dies.

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