subject: When Does Medical Malpractice Become Manslaughter? [print this page] The recent controversy over the mysterious details of Michael Jacksons death have all made us questionwhen, exactly, does medical malpractice cross the line into criminal activity? Medical malpractice is when a patient endures an injury due to the negligence of a medical professional. Involuntary manslaughter occurs when a person is killed due to a criminal negligence. The key word in a manslaughter case is criminal negligence, which is why a drunk driver who kills someone is charged with manslaughter (since drunk driving is illegal) whereas a typical traffic-related death would be considered a wrongful death.
To understand the case of Michael Jacksons death and to determine whether it was a medical malpractice or involuntary manslaughter, its imperative that the court can determine exactly what happened on the night he died, as well as the events that led up to his unfortunate and untimely death. Conrad Murray, Michael Jacksons personal physician, had been administering dangerous doses of an anesthetic called propofol to Michael Jackson to help him sleep. Not only was this drug administered in large doses, but it was being used outside of a hospital, without proper training and as a treatment for insomnia, which it was not created or intended for.
The main focus of any medical malpractice case will be the idea of standard of carewhich is the idea that doctors must act responsibly to avoid harming a patient. Each state has its own rules and regulations as to what exactly medical malpractice is. In Michael Jacksons case, Dr. Murray had been administering propofol in dangerous doses under only his own supervision. While its been determined that Murray had no intent to harm or kill Michael Jackson, there is still a possibility of an involuntary manslaughter conviction, which would place Murray behind bars for up to four years, as well as remove his medical license.
While charging a medical professional with manslaughter is rare, the evidence seems to be stacking up against Dr. Murray, who also did not have the proper monitoring equipment and waited to call for help after Jackson stopped breathing. While Murrays actions have definitely been deemed negligent, the manslaughter conviction will inevitably come down to the propofo; whether or not Murray had illegally obtained or administered the drug, as well as California manslaughter laws. Without proof of any criminal activity, the verdict will most likely be deemed a medical malpractice and wrongful death.
