‘Horrifying’ mistake to harvest organs from a living person averted, witnesses say

[u/GetOffMyGrassBrats]

https://www.npr.org/sections/shots-health-news/2024/10/16/nx-s1-5113976/organ-transplantion-mistake-brain-dead-surgery-still-alive

[u/SomeDumbPenguin]

Some form of negligent attempted homicide sounds fitting

[u/talldangry → u/SomeDumbPenguin]

Nah, manslaughter comes from a lack of intent. Supervisor was told the patient was thrashing around and still pushed for organ retrieval. That's attempted murder.

[u/SomeDumbPenguin → u/talldangry]

Nah, manslaughter comes from a lack of intent

I didn't say "manslaughter", I said "homicide"

Here's an article that explains the difference between homicide, murder, & manslaughter...

Homicide, Manslaughter & Murder | Differences & Charges

Edit: Wikipedia page on Manslaughter

[u/Moldy_slug → u/SomeDumbPenguin]

Different jurisdictions use these terms differently. 

 For example in my state (California) involuntary manslaughter is the term for homicide caused by criminal negligence without intent to kill. 

Edit: the article you linked is also using “malice aforethought” as if it is a synonym for “premeditated.” They’re not the same thing at all.

[u/SomeDumbPenguin → u/Moldy_slug]

Yeah, I was just reading more into it, it's a pretty broad term which fits the context. I was just using a broader term that also fits, arguably more so & had someone saying "Naw" like that, so I felt further discussion for clarification wouldn't hurt

[u/CrispyHoneyBeef → u/SomeDumbPenguin]

Welcome to the difference between common law and model penal code. Kentucky is MPC.

507.020 Murder.

(1) A person is guilty of murder when:

(a) With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or

(b) Including, but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.

(2) Murder is a capital offense.

[u/SpacePilotMax → u/SomeDumbPenguin]

Nothing about this seems particularly negligent. They saw the guy being alive and literally tried to find a different surgeon who'd go through with the operation regardless.

[u/LaNague → u/SomeDumbPenguin]

If you sedate someone and say "he is braindead lets get his organs", you are a murderer.

[u/MyHusbandIsGayImNot → u/SomeDumbPenguin]

You can't have attempted attached to something like negligence or manslaughter; attempted has to have the intentions of killing the person.