Criminal liability of a doctor - scenario problem question.

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__ddxlucy
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Need help, what could the doctor be liable for, or is he even liable for anything.

let me make up a scenario:

2 friends go to a pub, D and V are messing about and D pushes V accidentally and V falls off the chair, cracks her head open on the bar and goes hospital. At the hospital, the doctor tries to treat her, but she dies. Is D liable for murder? what about the Doctor?
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squeakysquirrel
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(Original post by __ddxlucy)
Need help, what could the doctor be liable for, or is he even liable for anything.

let me make up a scenario:

2 friends go to a pub, D and V are messing about and D pushes V accidentally and V falls off the chair, cracks her head open on the bar and goes hospital. At the hospital, the doctor tries to treat her, but she dies. Is D liable for murder? what about the Doctor?
D is liable for manslaughter as it wasn't intentional. What has the poor doctor got to do with it. In A and E they treat people all the time who eventually die
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username3689312
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The only way the doctor would be liable would be that his treatment would have to be soo bad, i.e grossly negligent. Then we are in the realms of causation, novus actus interveniens and policy (who should get the blame) etc.
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Notoriety
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(Original post by squeakysquirrel)
D is liable for manslaughter as it wasn't intentional. What has the poor doctor got to do with it. In A and E they treat people all the time who eventually die
I think you meant to say D is potentially liable for manslaughter. It is a poor habit to get in to -- thinking manslaughter is merely homicide caused by oopsies, as people on the street invariably conceive it.

For this PQ, there is no murder because there's no intention to cause death/serious harm. Could only then be manslaughter -- unlawful act and gross neg. Unlawful act -- AR is unlawful act which causes harm, and the MR is that of the unlawful act. Say the unlawful act is assault -- was the accidental shoving reckless or no? If it's not unlawful act, the death might be under gross neg. This is basically a) duty of care and b) breach of that duty so reckless as to be criminal. You can make a good and effective argument about that, no doubt.

The doctor's liability is relevant, I imagine, in breaking the chain of causation for D -- look at the case-law on this point (I cannot recall what the craic is). Don't just ask yourself if the doctor is guilty of murder; merely did the act of a third party stop D's act as being the operant cause of V's death.
Last edited by Notoriety; 1 year ago
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Guru Jason
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I think OP has just killed someone and is now looking for an out.
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__ddxlucy
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Ok perfect, what if V went hospital, but the Doctor gave him the wrong treatment by accident.. would that mean the doctor is liable for gross negligence as he owed a duty of care?
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Notoriety
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(Original post by __ddxlucy)
Ok perfect, what if V went hospital, but the Doctor gave him the wrong treatment by accident.. would that mean the doctor is liable for gross negligence as he owed a duty of care?
Normally these are phrased "Advise D". The doc's liability is irrelevant, unless they are the person or persons you've been asked to advise.
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Mozartbailey
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D is the cause of the demise of a human and should be castrated publicly at least if he is a man. The doctor is remote from the causation of the demise DUDE you

(Original post by squeakysquirrel)
D is liable for manslaughter as it wasn't intentional. What has the poor doctor got to do with it. In A and E they treat people all the time who eventually die
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