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Forensic Medicine Forensic Psychiatry 66aed19b

Novus actus interveniens is related to?

A
Facts speaking for itself
B
Breaking of chain
C
Contributory negligence
D
Therapeutic misadventure
High-Yield Explanation
Ans. is 'b' i.e. Breaking of chain Novus Actus Interveniens:o A person is responsible for his actions and its consequences. This principle applies to cases of assault or accidental injuries. However, sometime such continuity of events is broken by an entirely new and unexpected happening, due to negligence of some other person, i.e. "novus actus intervenien " (an unrelated action intervening).o For example, If a person has been assaulted due to which he has sustained large liver laceration, for which he is operated by a surgeon. If the patient dies intraoperatively or postoperatively due to complications related to surgery or injury, the person who has assaulted the patient will be held responsible. But, if the doctor has done some negligent act during surgery, e.g. left the swab or instrument in abdomen during surgery; and patient dies because of that act (sepsis due to swab), then the responsibility may pass from original incident to later negligent act of doctor by principle of 'novus actus intervention' (an unrelated action intervening). Thus doctor irresponsible for negligent act, Le. criminal negligence, and the assailant will not be fully responsible for the ultimate harm.

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