This patient is dead. They would not have been if the computer system was up. It was down because of CrowdStrike. CrowdStrike had a duty of care to ensure they didn't fuck over their client's systems.
I'm not even beyond two degrees of seperation here. I don't think a court'll have trouble navigating it.
If that really were how it worked, I don’t think that software would really exist at all. Open Source would probably be the first to disappear too — who would contribute to, say, Linux, if you could go to jail for a pull request you made because it turns out they were using it in a life or death situation and your code had a bug in it. That checks all the same boxes that your scenario does: someone is dead, they wouldn’t be if you didn’t have a bug in your code.
Now, a tort is less of a stretch than a crime, but thank goodness I’m not a lawyer so I don’t have to figure out what circumstances apply and how much liability the TOS and EULAs are able to wash away.
When I read something like this that has such a confident tone while being incredibly incorrect all I can do is shake my head and try to remember I was young once and thought I knew it all as well.
I'm not even beyond two degrees of seperation here. I don't think a court'll have trouble navigating it.