Gain Immediate access to our Essays
FREE access exchanged for your work, or pay £4.99
Words: | Submitted: Mon Dec 22 2003
... death. As Topov's death occurred as a result of Hartley pushing over Topov, but for Hartley's actions, Topov would not have been admitted to hospital where his death occurred under treatment. Legal causation-Hartley's act 'need not be the sole cause or even the main cause...it being enough that his act contributed significantly.' (Pagett) and the fall led to his death which occurred as a result of having his hip reset, and thus he played a significant contribution. However if Hartley could prove that the conduct of the doctors in administering the anaesthetic was responsible for the death, if the treatment was 'palpably wrong' perhaps he could establish that it constituted a novus actus interveniens. (Jordan). However only treatment so extraordinary as to be independent f the defendants conduct breaks the chain, and in Cheshire it was suggested that incompetence does not render treatment 'abnormal in the sense of extraordinary.' Itself. On ...
FREE access exchanged for your work, or pay £4.99