Speaking Point: 1) A wrongful death case against Dr. Conrad Murray will concern Due Diligence v. Gross Negligence and a review of the Doctor-Patient relationship. Over the years, Michael Jackson and Janet Jackson have had their physicians provide them with medications causing medical board scrutiny and/or reprimand (i.e. – Dr. Allan Metzger).
Speaking Point: 2) As former Bristol-Myers Squibb cardiology/diabetes pharmaceutical sales representative, I “detailed” several prominent physicians such as Dr. Allan Metzger who were more receptive to prescribing medications when accompanied by “inducements.” From my own experiences, money and power may influence a physician’s prescribing habits.
Speaking Point: 3) The legal standard of proof in the U.S. for a wrongful death claim is typically the “preponderance of the evidence” (Civil) as opposed to “beyond a reasonable doubt” (Criminal).
Speaking Point: 4) Generally, the wrongful death claim consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death. Proving the last element may be a major obstacle for the Jackson family, because the Michael Jackson estate is certain to be more profitable (economic gain) upon his death than in the last few years of his life (i.e.- Marilyn Monroe and Elvis Presley).
Speaking Point: 5) Under California law, the pain and suffering (non-economic) damages cap is $250,000 on medical malpractice awards which deters these types of lawsuits.
Speaking Point: 6) Presumably, the involuntary criminal charges against cardiologist Dr. Conrad Murray are weak because the D.A. is serving the complaint and not presenting the evidence to a Grand Jury. Generally, this means the D.A. ‘s case consists of weak evidence or there are concerns of grand jury bias.
Speaking Point: 7) The defense for Dr. Conrad Murray will almost certainly blame the cause of death to be a drug interaction not caused by medical malpractice (gross negligence). But, rather, by the combination of painkillers and insomnia drugs in his system administered by other parties.
Speaking Point: 8) Drug toxicity increases as our metabolic pathway becomes inhibited. It is comparable to all traffic exiting the 10 freeway at La Cienega Boulevard during rush hour. For example, along with several other commonly prescribed medications, both Viagra and grapefruit juice are metabolized by the common metabolic pathway known as the Cytochrome P450 3A4 system.
Speaking Point: 9) Empower yourself. If you are taking multiple medications, then you have the right to ask your physician about any potential drug interactions and/or adverse reactions.