Reference no: EM133809736

Question 

Zoe Barns is an epileptic patient. On 9th March, 2020 she went for her Doctors' appointment at one of the nearby hospitals where she was receiving treatment for epilepsy. While sitting on the hospital bench she suddenly felt dizzy in what may have been an epileptic attack. She suddenly went into convulsions. A critically ill patient was on a hospital stretcher waiting to be attended. The stretcher was within Ms. Barns proximity.

As Ms. Barns was convulsing, she hit into the stretcher carrying the patient thereby resulting in the patient falling off the stretcher. The patient landed with his forehead and lie prostate on the ground. The fall was fatal. The cause of death was said to have been head injuries as a result of the fall.

Ms. Barns has recuperated having been hospitalized for two weeks. She does not recall anything regarding what transpired at the hospital resulting in the death of the said patient. The Police have charged Ms. Barns with the Offence of Murder.

You have been retained as lead counsel defending Ms. Barns.

Arising from the above, answer the following questions:

1. Provide Ms. Barns with a well-reasoned legal opinion on her criminal liability if any.

2. Do you think Ms. Barns has any defence(s)?

3. Can the hospital be held liable for the death on the ground that there was negligence on their part in ensuring that patients are safe.