RSS FeedMalpractice and Manslaughter in a Mansion: Will Conrad Murray’s Conviction Impact Future Physician Suits?
9 November 2011What will the conviction of Conrad Murray mean for physicians regarding future malpractice suits, the practice of pain management, and physicians’ culpability, if anything?
On one newscast, prior to the verdict, a legal commentator stated “juries don’t like to convict doctors” (in criminal cases). The commentator went on to add that Dr. Murray was a tall and imposing fellow, and therefore could be less likely to be convicted. As we now know, the commentator’s prediction was incorrect.
Hopefully the justice system, including the Michael Jackson trial jurors, weighed more than appearances during the deliberation.
Apparently they did, because they convicted Dr. Murray of manslaughter. What does this say, if anything, about the practice of pain management, and malpractice penalties for physicians nationwide?
It is my opinion that this case will have little, if any, bearing on the practice of pain management. True, prescription drug use and abuse is widespread and is a “major cause” of death in the nation. However, the case of Michael Jackson’s death was very high-profile, and so unusual, that it doesn’t seem that this case will make much of an impact on future malpractice cases which are much more anonymous than that of a global superstar such as Jackson.
How many addicted patients have a full-time personal physician at their beck and call as Jackson did in Dr. Murray? Most addicts have multiple sources of drugs, including several physicians, pharmacies, identities, and black market sellers. Therefore, in cases of a patient’s death by drug overdose, it is often more difficult to place the blame on one specific physician or healthcare professional. Often, providers are unaware that a patient is shopping their “pain” around to multiple doctors and pharmacists.
Another atypical circumstance of the Jackson case is that the patient died in the presence of the physician, who also failed to call 911. Furthermore, according to reports, Dr. Murray had no back-up medical support, even though he had been administering a drug that is not intended for home use at all. Jurors report that all of these factors, plus the fact that Dr. Murray left Jackson unattended while being administered propofol, contributed to the guilty verdict.
Furthermore, Dr. Murray was not even a pain management doctor by training or trade. He had practiced cardiology for the majority of his career, plus a bit of primary care.
Therefore, it is unlikely that this case will have much of a direct impact on many other cases – unless there are a number of doctors illegally administering hospital anesthesia at patients’ homes, which hopefully is not the case.
Even if Dr. Murray had been acquitted, his medical career was over, and most likely he would have been convicted in the court of public opinion, as more details were discovered and publicized about his suspect behavior surrounding the death of the King of Pop.
Dr. Murray was found to be directly responsible for Jackson’s death. Dr. Murray was hired by Jackson, and, therefore Jackson was Dr. Murray’s boss. Dr. Murray maintains that he was merely following orders, but shouldn’t a licensed physician refuse to perform or administer illegal, unethical, and unsafe procedures or drugs, even if instructed by his or her employer?
Dr. Murray probably never could have imagined he would ever be in such a peculiar, bizarre situation, even when he signed on to be Jackson’s personal physician. As such, Dr. Murray found himself in an extremely unique work environment that probably very few, if any, other physicians have ever experienced. In fact, Dr. Murray may have been under the influence of something even stronger than drugs: the ego and influence of Michael Jackson, a global icon. It has been often reported that superstars like Michael Jackson surround themselves with a team “yes” men for protection and control. The power and influence of world-famous personalities who are larger than life, sometimes seem to intoxicate others, and push ordinary people do extraordinary things, for better or for worse.
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