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R v Cheshire
''R v Cheshire'' () 1 WLR 844 is an English criminal law case establishing the role of the jury in finding liability for death, where subsequent medical negligence occurs following the original injury. The Court of Appeal found that the jury did not have to weigh up different causes of death, and need only be satisfied that the defendant's actions made a "significant contribution" to the victim's death.
==Facts==
On the 9th of December 1987, the appellant attacked and shot a man in a fish and chip shop, following an argument. The victim was admitted to hospital and underwent surgery, though he developed a respiratory problem requiring a tracheostomy tube to be inserted into his windpipe.〔() 1 WLR 844, at 844〕 On the 8th of February 1988, and again on the 14th of February, the victim complained that he was having difficulty breathing, passing away shortly after. Medical evidence at the defendant's trial was given that the victim's death was the result of his doctor's failure to diagnose the reason behind his breathlessness and respiratory obstruction. Nevertheless, the defendant was convicted, with the trial Judge instructing the jury they could find the defendant's chain of causation could only be broken if they were satisfied that the medical staff had been reckless in their treatment.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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