The prosecution completed its opening statement in the trial of Michael Jackson's doctor, Dr. Conrad Murray. The prosecution alleges that Dr. Murray is guilty of involuntary manslaughter because he breached a duty of care to Michael Jackson.
A person may be convicted of involuntary manslaughter based on the failure to perform a legal duty owed to the victim. Under this theory, the prosecution must prove: 1) Dr. Murray owed a legal duty to Michael Jackson; 2) Dr. Murray failed to perform that duty; 3) Dr. Murray's failure to perform that duty was criminally negligent; and 4) Dr. Murray's failure to perform that duty caused Michael Jackson's death.
I discussed the concept of criminal negligence at length here yesterday.
The prosecutor identified numerous acts and omissions (failure to act) that qualified as Dr. Murray breaching his duty of care as Michael Jackson's doctor:
* Michael Jackson's home was an improper setting for using Propofol, which is intended for use in hospital surgery rooms
* Using Propofol to treat insomnia, when it was intended as a general anesthetic
* Failure to properly continually monitor Michael Jackson's vitals, as required with Propofol
* Administering Propofol without resuscitation equipment available
* Failure to maintain constant visual monitoring and presence, as required with Propofol
* Administering benzodiazepines combined with Propofol, which heightens its dangers
* Failure to provide and receive informed written consent for medical procedures
* Failure to chart and document what was administered
* Failure to call 911 immediately upon finding Michael Jackson unresponsive
* Abandoning the doctor-patient relationship, where the doctor is in charge of care and refuses inappropriate treatment, in favor of an employer-employee relationship
* Deceiving the paramedics and ER doctors, by refusing to tell them of his administration of Propofol when asked what he had given Michael Jackson
The prosecution asserted that each of these breaches of care was an "extreme deviation" of the standard of care expected of a medical doctor.
A person may be convicted of involuntary manslaughter based on the failure to perform a legal duty owed to the victim. Under this theory, the prosecution must prove: 1) Dr. Murray owed a legal duty to Michael Jackson; 2) Dr. Murray failed to perform that duty; 3) Dr. Murray's failure to perform that duty was criminally negligent; and 4) Dr. Murray's failure to perform that duty caused Michael Jackson's death.
I discussed the concept of criminal negligence at length here yesterday.
The prosecutor identified numerous acts and omissions (failure to act) that qualified as Dr. Murray breaching his duty of care as Michael Jackson's doctor:
* Michael Jackson's home was an improper setting for using Propofol, which is intended for use in hospital surgery rooms
* Using Propofol to treat insomnia, when it was intended as a general anesthetic
* Failure to properly continually monitor Michael Jackson's vitals, as required with Propofol
* Administering Propofol without resuscitation equipment available
* Failure to maintain constant visual monitoring and presence, as required with Propofol
* Administering benzodiazepines combined with Propofol, which heightens its dangers
* Failure to provide and receive informed written consent for medical procedures
* Failure to chart and document what was administered
* Failure to call 911 immediately upon finding Michael Jackson unresponsive
* Abandoning the doctor-patient relationship, where the doctor is in charge of care and refuses inappropriate treatment, in favor of an employer-employee relationship
* Deceiving the paramedics and ER doctors, by refusing to tell them of his administration of Propofol when asked what he had given Michael Jackson
The prosecution asserted that each of these breaches of care was an "extreme deviation" of the standard of care expected of a medical doctor.
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