[tntn]

Despite other comments below, I think that the equivalence drawn between "failed to save" and "killed" reflects an interesting philosophical choice. I don't think that this equivalence is universally accepted, even by those who call thinking otherwise fallacious.

If an EMT fails to save a victim of a car crash, did he/she kill the victim? If the dispatcher misspoke and gave the wrong cross street, delaying aid, did the dispatcher kill them?

[rxhernandez]

In the medical device industry the company who made the device can be found at fault if a clinician makes a poor decision that leads to death based on a fault in the device. If the soldiers would have sought better cover or be otherwise saved in the case that there was no missile defense system was there then yes, some, if not most, of the blame lies on the software error.