We were recently asked about the legal liability of Michael Jackson’s doctors in prescribing the music idol medication that apparently was intended for patients in an operating room being placed under anesthesia. Well, let’s see. First are the criminal charges that could be brought by the LAPD. Tough to prove a criminal intent to cause the superstar harm, but if it was proven that the physician knew that the drug could cause severe injury or death it might qualify as manslaughter. You drink to excess, drive and kill someone, that’s a criminal act. So too if a physician knowingly prescribes a dangerous drug with a reckless indifference to the consequences, that’s breaking the law. Might be hard to convince a jury..beyond a reasonable doubt..that the doctor intended Jackson’s demise, but it could happen. Second and more easily proved is a charge brought by the State Medical Board. A doctor who prescibes a powerful anesthetic to a rock star with a history of drug abuse could suffer a loss of license. Finally, what about a civil action brought by the Jackson estate ? Well, was the doctor negligent in not taking a complete medical history from Jackson ? Did the physician have a true medical purpose in making the prescription ? Should the doctor have overseen such a powerful drug ? What was the doctor’s purpose ? Then, one must prove that the drug actually caused or contributed to Jackson’s death. Thus, the autopsy. Finally, would Jackson know of the dangerous consequences and did he use multiple doctors in the past to ” score” his medication ? That would go to whether Jackson took the risk. Wouldn’t exonerate the doc but might make it tough for the jury to assess a lot of compensation. All in all, I wouldn’t hold my breath on this one. Tough to prove, especially against a doctor. What do you think ? Let us know. Allen
Tags: Michael Jackson case, over prescribed narcotics, perscription addiction, your opinion
