Propofol alarm clock!

[WildCat]

After I read the news article, I remained puzzled at why the case is being called homicide by the coroner. We have partial information, but it appears that the doctor wasn't trying to kill MJ.

Likewise, the drunk driver wasn't trying to run over the girl riding her tricycle on the sidewalk. Still homicide though.

 

[LashL]

A coroner's finding of "homicide" as a cause of death does not mean that there was any "intent" at all. It just means that the deceased did not die of natural causes or by "misadventure" but rather that the actions of someone - whatever those actions might be and whoever the someone might be - resulted in death. So, a coroner's finding of "homicide" as the cause of death does not mean that someone deliberately killed the deceased.

That said, a doctor who administers the anaesthetic, propofol, in a non-hospital setting, and after having previously administered various other sedatives, which may very well be contra-indicated, is probably in deep doo doo viz the negligence standard.

 

[ponderingturtle]

Likewise, the drunk driver wasn't trying to run over the girl riding her tricycle on the sidewalk. Still homicide though.

Or the sober driver driving down the street and the kid runs out right in front of the car.

 

[davefoc]

In Scotland we have a charge of "culpable homicide" which doesn't imply that the accused intended to kill. Do you have a charge like that?

http://slcc.strath.ac.uk/scotslawcourse/crim/homi/culp1.htm

Rolfe.

The exact answer might vary a bit depending on the jurisdiction in the US but the American equivalent of the Scottish culpable homicide and the English crime of gross negligence homicide is criminally negligent manslaughter or criminally negligent homicide.

http://en.wikipedia.org/wiki/Manslaughter

Criminally negligent manslaughter is a kind of involuntary manslaughter in the US.

Manslaughter in some states can be designated as a degree of murder (second or third). In some states it is not designated as a degree of murder. For instance in California second and third degree murder define crimes which are not manslaughter.