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Abstract
Medical Malpractice Lawsuit People vs. Dr. Conrad Murray presents a case of medical malpractice. The paper discusses the allegations which were made in the case, evidence presented, defense argument, punishment awarded to Dr. Murray and whether the situation could have been avoided.
Introduction
The legal case concerning the Michael Jackson’s death which was recently concluded is among the involuntary manslaughter sentences in the medical practice. Medical malpractice is normally negligence committed by a medical professional whose performance or provision of health care deviates from the standard care of medical practitioners (Flight 46). The issue in Medical Malpractice Lawsuit People vs. Dr. Conrad Murray case was whether Dr. Murray had caused Michael Jackson’s death.
Allegations
It was alleged that Dr. Murray had recklessly used propofol to help Jackson sleep without proper monitoring equipment, thus, causing Jackson’s death. Jackson’s brother, Joseph, filed a lawsuit which alleged that Dr. Murray had repeatedly lied to conceal his use of propofol and that he did not keep all the medical records. The lawsuit also alleged that Dr. Murray had negligently used medications on Jackson.
Evidence in the case
Los Angeles County Coroner did not find any evidence of harm (BBC News 3), and therefore the jury relied on three issues to base their judgment. One, it was evident from investigations and presentations made by the defense that Dr. Murray did not have proper medical equipment to monitor Jackson’s health and that he had applied non-standard CPR technique on him. The tape produced in court revealed that Dr. Murray had administered CPR on bed while the standard practice involves administering cardiopulmonary resuscitation (CPR) on a hard surface such as floor. Two, there was evidence as argued by the defense team that Dr. Murray left the room leaving Jackson under nobody’s care. Three, when Dr. Murray returned he did not call 911 for medical assistance. Testimony provided during the trial also revealed that Dr. Murray had given Jackson propofol almost every night in the two months before Jackson’s death as he prepared for the concerts which were to be held in London (Duke 31). Los Angeles County Coroner’s autopsy report had revealed that Jackson’s death had been caused by a combination of drugs which included anesthetic propofol as well as anxiolytic lorazepam (BBC News 3).
Prior negotiations
The defense team (Dr. Murray) did not involve Jackson’s family in any negotiation before the court case began as he had maintained that he was innocent throughout the period.
The defense argument
Dr. Murray’s defense had argued that Michael Jackson’s dermatologist, Dr. Arnold Klein, had got him hooked on Demerol due to the multiple plastic surgeries which had been performed on him (Kroot Law LLC 4). However, Demerol withdrawal can severely affect an individual’s sleep. As a result, Jackson became addicted to the use of propofol to help him sleep since he had persistently suffered from sleep deprivation that resulted from Demerol withdrawal. The defense also claimed that Jackson must have added himself more “propofol when Dr. Murray temporarily left the room” thereby causing his own death (Kroot Law LLC 4). The defense relied on circumstantial evidence as regards Jackson’s addiction to propofol as they used tape recorded statements to prove that Dr. Murray had left the room for some time only to return to find that Jackson’s condition had worsened. The defense argued that the propofol that Dr. Murray had given Jackson was too small to cause his death and therefore the only way that Jackson could have died was by taking “additional fatal dose of propofol when Dr. Murray had left the room” (Kroot Law LLC, 4).
Punishment
Kroot Law LLC (1) reports that the jury found Dr. Murray guilty of gross medical negligence resulting to Jackson’s death. Duke (1-2) states that Los Angeles County Superior Court sentenced Dr. Murray to four years in prison, which is the maximum sentence for such an offense under the law. Judge Michael Pastor said that Dr. Murray was guilty of series of horrible medical decisions which are directly attributable to circumstances which led to Jackson’s death. According to Steve Whitemore, Los Angeles County Sheriff, automatic credit for Dr. Murray’s good behavior reduced the time to be served to two years (Duke 4). Dr. Murray also lost his license to practice. According to the Kroot Law LLC (6) Dr. Murray’s license was also automatically suspended due to his conviction.
In addition, the prosecution had also requested the court to order Dr. Murray to pay Jackson’s children as well as estate $120 million, and hearing for this is set for January 23rd of 2012 (Duke 34).
My opinion
I totally agree with the verdict that was reached by the jury as it served as a warning to other medical practitioners who do not give much importance to standard medical practices as well as code of conduct.
Could the issue been avoided?
The medical malpractice could have been avoided by Dr. Murray had he kept constant watch over Jackson. It is suspected that Jackson’s condition worsened when he left or Jackson or could have added himself anesthetic propofol when Murray left as argued by the defense. This could have been avoided had he stayed or left a competent medical practitioner behind to monitor Jackson. Besides, Dr. Murray could have saved the situation if he had called 911 immediately he entered the room and realized that Jackson’s health condition had worsened. Finally, Dr. Murray could have saved Jackson’s life if he had applied standard CPR technique on Jackson.
Conclusion
Medical Malpractice Lawsuit People vs. Dr. Conrad Murray is a case of medical malpractice. Dr. Murray had engaged in non-standard medical practices which justify the verdict made by the jury.
Works Cited
BBC News. Jackson autopsy details revealed. BBC, 2009. Web.
Duke, Alan. Conrad Murray sentenced to four years behind bars. CNN, 2011. Web.
Kroot Law, LLC. Jacksons Doctor Found Guilty of Involuntary Manslaughter. Chicago Medical Malpractice Lawyer Blog, 2011. Web.
Flight, Myrtle. Law, Liability, & Ethics for Medical Office Professionals, 5th Ed. New York: Delmar Cengage Learning, 2010. Print.
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