R v Jordan
Palpably wrong medical treatment that was the sole cause of death broke the chain of causation.
Facts
Mr Jordan stabbed the victim, who was taken to hospital. Eight days later, when the stab wound had mainly healed, doctors gave him a drug to which he was known to be intolerant, and also gave him large amounts of fluid intravenously. He died of pneumonia caused by the treatment. Mr Jordan was convicted of murder, but fresh medical evidence was later obtained.
Legal principle
The Court of Criminal Appeal quashed the conviction. The medical treatment was palpably wrong and was the cause of death, while the stab wound had almost healed at the time of death. In these exceptional circumstances, the treatment broke the chain of causation between the stabbing and the death. The case is now regarded as being confined to its very unusual facts.
Related cases on causation
- Baker v Willoughby [1970] AC 467
- Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Bonnington Castings Ltd v Wardlaw [1956] AC 613
- Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
- Gregg v Scott [2005] UKHL 2, [2005] 2 AC 176
- Hotson v East Berkshire Area Health Authority [1987] AC 750
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