Originally Posted by jwp475

She was most definitely negligent which resulted in a homicide.



It resulted in a death. Homicide requires mens rea. The minimum mes rea for homicide is reckless disregard for human life. No level of mens rea, however, was in evidence here. It was simple negligence resulting in death, like a doctor, at the end of a double ER shift, grabbing the wrong hypodermic syringe off the table and injecting it into the wrong patient. That's the sort of thing we have civil actions for.