How can someone be charged under the felony murder rule, when the victim was allowed to die?

Question

how can someone be charged under the felony murder rule, when the victim was allowed to die by the inaction of medical personnel to make any sort of attempt whatsoever in response to a shooting victim's need for treatment. had they taken the steps to assess the condition of the patient, and follow it up with proper procedures-or ANY procedures at all- and followed set protocol, this patient would have survived this injury. now, the person who was with the deceased at the time of the shooting, is being charged with felony murder for the death. ??? can the medical staff be charged under thae felony murder rule then, as well ? after all, isn't neglecting to act to save a life a criminal act, when there are professional codes/laws specifically for physicians and nurses, that THEY are violating, making it a criminal act being perpetrated ? especially since they, more than the average thug, know better than anyone, that a death is more than likely to occur as a result of them committing the underlying law ?

Answer 1

Because the person's actions brought about the injuries that caused him to die.

Answer 2

If you want a disertation on the law of causation, there are many fine books on the subject.  If you want nonsensical answers, this is a good place to get them.  Start with the subjects of intervening and superceding causes.  There are time when an intervening cause of death is not forseeable and that will indeed break the chain of causation but what you describe is unlikely to be an intervening cause.  It is, however, typical criminal thinking to want someone else to be responsible for what they have set in motion.

Answer 3

Felony murder is difficult to fight against.  The medical care would have to be unfathomably substandard to warrant a break in the chain of causation.  Gun wounds are difficult to treat and if it was obvious that a victim would die in moments or that the victim had no chance of survival unless immediately receiving advanced care (which would be impossible on the streets), then it would be logical for someone to avoid giving treatment.

Staff wouldn't be charged under felony murder since they didn't commit a felony.  

Neglect/malpractice isn't felonious.  And unless the doctor was also a paramedic/fireman/police officer, the law does not mandate action.  

Professional codes are not laws.

Answer 4

Medical personnel might be guilty of a civil offense and therefore subject to lawsuit or administrative discipline.  They would not be guilty of a penal violation.  

Answer 5

Uphill battle at best, Not sure it’s even a defense unless you are talking about gross negligence on the part of the medical team, They can only do so much at the scene and a bullet wound is tricky  thing; a  person can be wide awake at one moment then depending on the wound turn critical in seconds

As you know with felony murder once your friend deiced to commit the felony then no matter what brought upon the person death, its felony murder,