R v Holloway and Others

(1993) 4 Med LR 304

CRIMINAL DIVISION

Lord TAYLOR of Gosforth CJ, Mr Justice HENRY, and Mr Justice BLOFELD

Negligence — Criminal law — Involuntary manslaughter by breach of duty — Doctor — Duty of care — Injection of Vincristine and Methotrexate into patient's spine — Patient suffered from leukaemia — Patient subsequently died — Anaesthetist — Duty of care — Detached retina operation — Anaesthetist's failure to recognize signs of disconnection of breathing apparatus from patient during operation — Hypoxia of patient. — Appeal — Whether trial judge directed jury correctly on test to establish involuntary manslaughter by breach of duty