There was a similar case not so long ago of a pro Domme who left a client tied in suspension alone (it was his fantasy to be left alone- he requested it but that is no excuse) and gagged and he suffocated. Big argument on one list I am on as to whether this was the fault of the Domme or whether anything could have been done. My argument was to apply a little common sense - she could have still monitored him without him knowing that he was being monitored thereby maintaining the fantasy.
It did bring up a lot of issues around consent and whether you should do something inherently unsafe just because someone requests it. And, of course, according to most legal systems I have been told about , it is impossible to legally consent to anything that will do you harm (surgery being an odd exception here gained because it ultimately has an overt benefit). So, even if you say to someone 'beat me within an inch of my life and I don't mind if you kill me' and sign a contract/consent form to that effect and you do die the person who did it is still guilty of murder.