Tuesday, October 15, 2013

Homicide and other issues

Homicide and other issues

Law often revolves around language, and particular words have very particular meanings. Many people believe that 'homicide' is synonymous with 'murder' or at least unlawful killing (perhaps because of American TV shows featuring the 'Homicide Squad'). In fact, homicide is simply the killing of another human being. Homicide may be justifiable or excusable, or unlawful.
So killing someone in self-defence is still homicide. Killing someone by accident is homicide. Is allowing someone to die by gross negligence homicide? Arguably not, although it can be gross negligence manslaughter.
Murder on the other hand requires specific intent to either kill a person or to cause them serious harm, or the oblique intent to kill (by doing something that was virtually certain to kill the person). Attempted murder requires the specific intent (or oblique intent) to kill.
To apply any of these terms to apparent or proven avoidable deaths in healthcare is totally inappropriate. 

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