Wait a minute, the man did not beat his kid to death. He did not murder her. He beat her, he smashed her up against a concrete wall, yes. And she got injured. Had she been taken care of quickly by the doctors, she would be alive among us today. It is the doctor at the first hospital who really “killed” this kid. Don’t forget.[/quote]
Nonsense. Let me get this right. I beat someone in the head. Now, according to you, my culpability in the matter depends on whether or not someone intervenes to absolve me of my blame. If a doctor refuses to treat the girl, he has killed her. If the doctor treats the girl, and she dies anyway, I have killed her. :loco:
I could have a lot of fun with this. OK. So I cut off a man’s arms and legs, and take him to a hospital. If they refuse to treat him, and he dies, they have killed him. If they treat him and he dies anyway, I have killed him. What happens if they negligently treat him? Do we share the blame?
It may interest you to know that all legal systems I know of, and certainly the British, Canadian, US, Australian, and Irish ones, hold that the person causing the injury which leads to the death is responsible for the homicide.
I’ve got one for you: What happens if I shoot at a corpse, thinking it is alive, and intending to kill the man (who is of course already dead) and the bullet ricochets off the ground and hits an elderly lady with heart diease who promptly has a heart attack. I rush her to hospital where she is treated for the gunshot wound only, but in fact dies of the heart attack. I did not know she had had a heart attack.
Who killed her?[/quote]
The question is a classic negligence tort question (in the US and probably most other common law countries like Britain, Australia). All of you are right. Check the doctrine of contributory negligence. Most US states no longer use contributory negligence due to the exact reasonings posted here and have adopted comparative negligence when assigning fault/blame/responsibility etc.