Full question:
My daughter died from peritonitis & gangrene, a complication a year and a half after a kidney transplant. She begged her husband to take her to the hospital. He refused and left her alone for several hours to suffer gangrene, and die later. Is this a case of depraved indifference? He had signed a form promising due diligence and did not respect that.
- Category: Criminal
- Date:
- State: Florida
Answer:
This situation would be evaluated by a court based on the specific facts and circumstances. An act is considered 'imminently dangerous' and demonstrates 'depraved indifference' if it meets certain criteria: 1. A reasonable person would recognize that the act is likely to cause serious injury or death to another; 2. The act is done with ill will, hatred, spite, or evil intent; 3. The nature of the act shows a disregard for human life.
In Florida, the law defines murder in the second degree as the unlawful killing of a person through an act that is imminently dangerous and shows a depraved mind, regardless of intent to kill (Fla. Stat. § 782.04). This means that even without a specific intent to cause death, a person can be charged if their actions reflect a complete disregard for human life.
Ultimately, whether the husband's actions constitute depraved indifference would depend on the details of the situation and how a court interprets those actions in light of the law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.