JUDGMENT OF THE COURT
Section 213 (a) of the Penal Code is in the following terms:
"213. A person is deemed to have caused the death of another person although his act is not the immediate or the sole cause of death in any of the following cases -
(a)if he inflicts bodily injury on another person in consequence of which that other person undergoes surgical or medical treatment which causes death. In this case it is immaterial whether the treatment was proper or mistaken, if it was employed in good faith and with common knowledge and skill, but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed in good faith or was so employed without common knowledge or skill".
In other words, a person inflicting the injury on a deceased person is not deemed to have caused the death of that deceased person if the surgical or medical treatment which is the immediate cause of death of the deceased person was negligent.
On t…