Legal Question in Criminal Law in New York
Gunshot wound, medical misadventure, victim dies is it murder
I am taking a medico-legal course on Investigation of Death. I was given an assignment due Sept. 30. My question is:
a gunshot victim survives the initial assault only to die of medical complications in the hospital. The proximate cause of the victim's death is the gunshot wound. Would the shooter of the non-fatal wound be charged with homocide if the victim died from a surgeon's error?
I had to form a decision on the question and defend my position. I'd want to be sure of the legal status before I form an opinion and defend it. thank you
1 Answer from Attorneys
Re: Gunshot wound, medical misadventure, victim dies is it murder
legally, yes. The victim would not be subject to the risk of medical error but for the injury.
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