What is the test for determining whether a defendant has a legal duty to seek medical care for the victim?

The People contend that the defendant's delay in seeking medical care for the victim caused the death of the victim. But there is no evidence that the defendant's relationship with the victim was one that imposed a legal duty upon the defendant to seek medical care in the first place. The defendant was not the victim's parent, spouse, legal guardian or one who stood in loco parentis to the victim, i.e., someone who had assumed all the obligations incident to a parental relationship [ People v. Lilly , 71 A.D.2d 393, 422 N.Y.S.2d 976 (4th Dept. 1979) ].