So now we learn that the Los Angeles County Coroner’s office has ruled Michael Jackson’s death a homicide.
Let’s assume for the sake of argument that Dr. Conrad Murray, Michael Jackson’s personal physician, admitted administering propofol to Jackson, in addition to other sedatives. It sounds like the Medical Examiner concluded that this was a lethal dose. If we are correct to understand that propofol is so strong that it is only used as an anesthetic under the constant supervision of a physician, not as a sleeping pill, then I don’t see how the District Attorney would have any alternative to bringing manslaughter charges against Dr. Murray. If Dr. Murray had merely made a mistake in the dosage (e.g. misreading the numerals on his hypodermic), that would be enough for negligent homicide. But the additional fact that he was using this particular drug in this manner, and then didn’t monitor his patient’s respiration and heart rate around the clock, would demonstrate a reckless disregard for the life of Jackson.
Why punish a doctor in this fashion, you might say? After all, the damage has been done. Why not just find him guilty of malpractice (i.e. negligent homicide)? Because there’s a deterrence factor involved with a manslaughter conviction. We want to do more than just punish the criminal or make sure he isn’t a further risk to society. In the future, we want physicians to think twice before giving such inappropriate narcotics to otherwise healthy people in a non-hospital setting. This whole “doctor to the stars” industry is a scandal that besmirches the reputations of thousands of legitimate, thoughtful physicians out there and these so-called “personal physicians” prey on the wealth and neuroses of celebrities. Does Jackson bear some responsibility for his own death? Absolutely. But he undoubtedly had no idea this combination of drugs could kill him.
So, just to be clear: Dr. Murray of course is innocent until proven guilty, even assuming charges are brought against him. But if the facts fall the way they appear, the judge should throw the book at him.
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