Ten years after she was violently assaulted, Judy passes away from a blood infection acquired while receiving follow-up care for pain associated with the assault. Judy also suffered from ovarian cancer and was undergoing chemotherapy for the cancer at the time she died. You represent the original assailant, who has now been charged with murder. What is your best argument for dropping the charges?
A) Medical malpractice was the proximate cause of Judy's death.
B) Judy's ovarian cancer was an intervening cause that killed her.
C) No one could have foreseen that an assault victim would die from follow-up treatment a decade later.
D) None of the above. Defendants are always responsible for the consequences of their actions, no matter how much time has passed.
E) A and B
A) Medical malpractice was the proximate cause of Judy's death.
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