Question

Dr. Nick, the local surgeon, is called to the hospital to remove Derrick’s appendix. Unbeknownst to Derrick, who is in extreme discomfort, Dr. Nick is seriously intoxicated. During the surgery, Dr. Nick – true to his name – nicks an artery because his intoxicated condition is creating double vision. Derrick suffers severe blood loss, falls into a coma and dies eight months later. A nurse rats out Dr. Nick to the medical board and to the local district attorney. The district attorney would be correct in charging Dr. Nick with:
a. intoxication manslaughter
b. criminally negligent homicide
c. no offense because the death was unintended
d. no offense because too much time has passed between the surgery and Derrick’s death

Answer 1

The district attorney would be correct in charging Dr. Nick with a  criminally negligent homicide.

What is a negligent homicide?

This refers to the criminal charge brought against a person who, through criminal negligence that allows another person to die.

When Dr Nicks. nicks an artery because his intoxicated condition is creating double vision and cause Derrick to suffers severe blood loss, falls into a coma and dies eight months later, he has committed a negligent homicide.

Hence, the district attorney would be correct in charging Dr. Nick with a  criminally negligent homicide.

Therefore, the Option B is correct.

Read more about negligent homicide

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