Always respect your opinions. Such happened to me at a Q. Bird landed head up, walked around. Pup circled and sniffed the bird, then returned to the fall area and hunted aggressively. I suggested to the judges that the bird had not been hit and that pup was looking for a bird that was shot. They had the bird picked up, inspected it and found no evidence of it's being shot. Rerun.
Backstory - I watched my old gal track a wounded hen through several groups of resident ducks, ignoring all them while tracking down the hen that was shot. That's what a good hunting dog should be able to do. And we train on water with 100's of resident wild birds. The landowner is adamant that we don't harm any of "her birds." Not unusual to run marks or blinds through flocks of resting birds. So in your scenario I'd be careful to not penalize a dog for ignoring a live unshot bird. But, especially in a HT, I'd expect a dog to be able to track down a cripple.
Afterthought - Maybe I should go back to training on live shackled birds?