MICHAEL JACKSON’S DOCTOR CHARGED WITH VOLUNTARY MANSLAUGHTER

Michael Jackson’s doctor was charged with involuntary manslaughter in Los Angeles yesterday as a result of administering propofol, a major anesthetic to Jackson, causing his death.

Under California law voluntary manslaughter is

the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.

At trial the district attorney will have to try to prove that Murray gave Jackson propofol in a manner that was grossly negligent and without due caution and circumspection. Under the criminal law negligence is not sufficient, it must be grossly negligent, and that is not going to be easy to do. As Loyola law professor Laurie Levenson said “it has to be really extreme for no good reason.” While Murray has admitted to giving Jackson propofol the dose was not necessarily excessive. Propofol is generally used to treat people in the operating room. Murray gave Jackson the normal dose. While it is normally only used in the operating room the district attorney may have trouble convincing a jury that Murray was grossly negligent where he only gave Jackson a dose that many other people have been given with no negative side effects.

But where Murray was at least negligent, if not grossly negligent was that he administered the medication in Jackson’s home. In the hospital where propofol is normally administered equipment and personnel are present to handle any emergencies. Furthermore after administering the propofol Murray briefly left Jackson’s bedside to go to the restroom. In a hospital it would be unheard of to leave a patient unsupervised after administering a dose of propofol.