The death of singer Michael Jackson has publicly highlighted the issue of the liability physicians may face when caring for patients. Specifically, the line that turns a mistake into criminal consequences is becoming more difficult to recognize. On Feb. 8, 2009, Dr. Conrad Murray was charged with involuntary manslaughter in the death of singer Michael Jackson. He entered a plea of not guilty.
In most cases, if a physician performs negligently, a patient or the family of a patient can seek civil damages. In rare circumstances, if a patient dies due to the negligence of a doctor, a criminal charge of manslaughter may be justified. Negligent behavior should not be confused with physician assisted suicide.
The introduction of criminal consequences for medical negligence has put added pressure on medical professionals, who already face enormous demands on a daily basis to perform everything from simple procedures to miracles. Doctors and other medical professionals are held to higher ethical and professional standards, which gives them greater burdens and greater responsibilities.
The Case of Dr. Conrad Murray
Dr. Conrad Murray is the cardiologist hired by Jackson to be the singer’s personal physician in May of 2009 as he prepared for a come-back tour. Jackson died on June 25, 2009, after Conrad administered a series of anesthetics, including the powerful propofol. Murray initially told investigators he gave Jackson the drugs about 11 a.m. and left the room momentarily. After returning, Murray told investigators Jackson was unresponsive and not breathing. Murray stated he tried to revive him, but no one called an ambulance until 12:21 p.m. Later, Murray’s attorney stated investigators were incorrect, and that Murray had stated he did not discover Jackson until noon.
The Los Angeles County coroner released Jackson's autopsy report, which stated that his death was a homicide due to “acute propofol intoxication.” According to the Associated Press, Murray’s specific criminal complaint states that he acted “without the caution and circumspection required” regarding medication the doctor gave to Jackson. Investigators spoke to more than 10 medical experts to decide whether Murray’s actions “fell outside the bounds of reasonable medical practice.”
Medical Malpractice
Medical malpractice is medical practitioner negligence by act or omission regarding reasonable care of a patient. This includes failure to diagnose or misdiagnosis, failure to provide appropriate treatment and unreasonable delay in providing treatment. Each state varies in damages limits, procedural guidelines and legal requirements in medical malpractice lawsuits. Along with monetary damages, a medical professional also faces the possibility of losing their license.
Involuntary Manslaughter
Involuntary manslaughter is the unintentional killing of another by recklessness or criminal negligence. In Dr. Murray’s case, as in similar cases, the state will have to prove that Murray took unnecessary risks outside the realm of medical acceptability. Under Section 192 of the California Penal Code, manslaughter is the “unlawful killing of a human being without malice.” The act becomes involuntary manslaughter when committed during a lawful action that could reasonably cause death, unlawfully or without “due caution and circumspection.”
Basically, doctors have a legal duty to act on behalf of their patients, just as parents have a legal duty to act on behalf of their minor children. Most other states have similar legal definitions of involuntary manslaughter. Examples of successfully prosecuted involuntary manslaughter crimes include reckless driving or mistakenly leaving a child in a hot car. Under California law, a person convicted of involuntary manslaughter could face up to four years in prison.
There is no clear line that separates civil and criminal consequences with regard to medical negligence. The final questions come down to the amount of negligence, comparison with the medical community and whether the act should be compensated monetarily or with loss of freedom.
Sources:
“Jackson doctor out on bail, back for April hearing,” Linda Deutsch and Anthony McCartney, Associated Press, Feb. 8, 2010.
“What is involuntary manslaughter?” Beth Karas, Ann O’Nell and Mallory Simon, CNN, Feb. 8, 2010.
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