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Mark and Zeke are bitter enemies. Mark decides to "get" Zeke and follows him into a restaurant carrying a knife. Mark confronts Zeke and severely cuts him around the face and arms. The injuries are severe but not life-threatening. Bystanders jump in and subdue Mark. Zeke is taken to the hospital to be treated. While in the hospital, the doctor, without proper examination (which is malpractice), gives Zeke an antibiotic injection to control any possible infection. Zeke is allergic to the antibiotic, goes into a seizure, and dies.

Under Ohio law, what should Mark be charged with?

Answer :

Final Answer:

Under Ohio law, Mark could be charged with assault and possibly manslaughter, but not murder, as the doctor's malpractice and Zeke's allergic reaction severed the direct link to Mark's actions.

Explanation:

Mark's initial actions of confronting Zeke with a knife and causing severe injuries could lead to assault charges under Ohio law. However, the subsequent events, such as the doctor's malpractice in administering an antibiotic without proper examination and Zeke's allergic reaction resulting in death, complicate the legal implications.

While Mark may be held accountable for assault and the immediate consequences of his actions, the doctor's malpractice and the allergic reaction introduce intervening factors that sever the direct causal link between Mark's actions and Zeke's death. In legal terms, this could impact the degree of Mark's liability, potentially precluding a murder charge.

In Ohio, manslaughter charges might be more applicable if it can be established that Mark's actions, even without foreseeing the medical complications, significantly contributed to the tragic outcome. Manslaughter generally involves unintentional killings resulting from reckless or negligent behavior.

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