FOOTNOTES.
Reading edition
“In these cases there is no difference between a licensed physician or surgeon, and a person acting as physician or surgeon without license. In either case, if a party having a competent degree of skill and knowledge, makes an accidental mistake in the treatment of a patient, through which mistake death ensues, he is not thereby guilty of manslaughter.”
“But if where proper medical assistance can be had, a person totally ignorant of the science of medicine—takes on himself a violent and dangerous remedy to one labouring under disease, and death ensues in consequence of that dangerous remedy having been so administered, then he is guilty of manslaughter; or a man may be guilty of manslaughter if, notwithstanding he has a competent knowledge of medicine, he be guilty of gross rashness in the application of a remedy or gross negligence in attending his patient afterwards. Also, where a man doing a lawful act, which is at the same time dangerous, he neglects to use proper caution, death ensues, if it takes place within a twelve month and a day; but if his life exceeds that period, the law will presume that his death proceeded from some other cause than the wound.”—1 Hawk, P. C. 23 s. 90.
“If a man be sick of a disease which in all likelihoods would terminate his life, and another give him a wound or hurt which hastens his death, this is such a killing as would constitute murder.”—See 1 Lord Hale, 428.—Vide Sewell, on the Law of Coroners.