Reckless endangerment…the conscious disregard of a known substantial likelihood of injury to the patient
Criminal neglect typically is defined as the failure to provide timely, safe, adequate, and appropriate services, treatment, and/or care to a patient.
In instances of extreme medical negligence, a homicide manner of death is appropriate because the fatality is due to criminal acts (or inactions) of another.
I stand by the jury verdict in our case and will not hesitate to rule similarly in the future if I feel that the case meets these definitions.
Natural deaths…natural disease... Therapeutic complications…predictable complications…appropriate medical therapy…Accidents…unanticipated complications and/or inappropriate therapies…Homicides…death at the hand of another person or death due to the hostile or illegal act or inaction of another person.
Our ruling of a homicide does not mean criminal prosecution should or will occur, but, importantly such a ruling:
…also furthers one of the major goals of the medicolegal death investigation system, which is to safeguard the public health.
(American Journal of Forensic Medicine and Pathology, March 2009; 30: 18-22)