Beruflich Dokumente
Kultur Dokumente
Offender
Offender may may still
still be
be held
held liable
liable for
for the
the death
death ofof the
the
victim
victimififititcan
canbe
beproven
proventhat
thatdeath
deathisisinevitable
inevitableand
andthat
that
even
even without
without the the operation,
operation, death
death isis the
the normal
normal andand
direct
directconsequence
consequenceofofthe theinjuries
injuriessustained.
sustained.
ItItmust
mustbe
beshown
shownthat
thatthe
thephysician
physiciantreating
treatingthe
thevictim
victimisis
competent
competentand
andthat
thathe
heexercised
exercisedcare
careand
anddiligence.
diligence.
That
That the
the wound
wound inflicted
inflicted must
must be
be the
the direct
direct and
and
proximate cause of the death.
proximate cause of the death.
Effect of negligence of the injured person
IfIf death
death occurred
occurred from
from complications
complications arising
arising from
from aa
simple
simple injury
injury owing
owing to
to the
the negligence
negligence of
of the
the injured
injured
person in its proper care and treatment, the offender
person in its proper care and treatment, the offender
isisstill
stillheld
heldresponsible.
responsible.
AAperson
personisisnot
notbound
boundto
toseek
seekmedical
medicalattention
attentionfor
forthe
the
injuries
injuriessustained.
sustained.
The
The fact
fact that
that the
the victim
victim would
would have
have lived
lived had
had he
he
received
receivedtreatment
treatmentisisimmaterial!
immaterial!