Michael Jackson’s Doctor and So-Called “Tort Reform”

Were you wondering when the Michael Jackson story would finally cross over to ThePopTort?!  Well, it finally has, thanks to TMZ, the apparent news source of record on all things MJ!

Today, TMZ  published an exclusive which cites a Nevada coroner’s report claiming that in 2007, Jackson’s now famous doctor, cardiologist Conrad Murray (who had offices in Texas and Nevada) mistakenly punctured the heart of a 67-year-old Las Vegas man during a procedure—and that the medical misstep was a cause in the man’s death.  But because the case (like all medical malpractice cases) would have been so extremely expensive to pursue, the family never filed suit.  Consequently, we’ll never know if this case may have been enough to raise red flags for future patients like Michael Jackson.

So what else does this sad tale tell us?  Well first, both states in which Dr. Murray practiced (here, here) have enacted horrible so-called “tort reform” laws that establish severe legal roadblocks in the paths of injured patients and their families (as in the example above), while doing nothing to bring down insurance rates for doctors.  In fact, the Texas laws, admitted one cardiologist to the New Yorker magazine, reduced injured patients' abilities to file malpractice suits “[p]ractically to zero.”  Moreover, medical boards do almost nothing to weed out the small number of doctors who commit the most malpractice both nationally and in states like Nevada, and Texas. 

Here is the other thing it tells us.  Contrary to popular myth, it is very difficult to bring a malpractice case.  In fact, even though 98,000 people die in hospitals each year, only about 1 in 8 ever file a claims for compensation.  That means incompetent doctors and unsafe hospitals are rarely held accountable for medical malpractice. 

Hopefully, people will start acquiring a greater understanding of how dangerous it is to restrict the legal rights of patients to bring malpractice actions.  And most importantly, they'll see that we’ll all be better off if more emphasis is placed on patient safety—not limiting patients’ rights.

Comments

[Michael Bennett]

The data on medical negligence versus med mal litigation is egregiously disparate. Most victims of medical negligence never even have a prayer of getting into a court room and few that do result in compensation.

What is truly and desperately needed is a system that will permit more valid victims of this negligent medical culture to have their day in court. The public should be demanding greater accountability and transparency and reject the bogus arguments of the greedy and corrupt so-called tort "reform"ers.

As the story unfolds, it is all but certain that many with licence to practice medicine were involved in the ongoing drug abuse that not only killed Michael Jackson, but a long list of others.

Michael Bennett

[Kathleen Cunningham]

7/10/09

I earn my living by investigating medical malpractice cases and have done so for 16 years. I'm just playing the devil's advocate here. I am not defending nor am I condemning Dr. Murray, but we must remember that the Las Vegas gentleman's death may NOT have been due to negligence on the part of Dr. Murray.

In court, the plaintiff must prove to a reasonable degree of medical certainty that the standard of care was breached. Just because there was a bad result does not necessarily mean the doctor made a mistake. There are complications that happen to the best physicians under the best of circumstances in the absence of any wrongdoing on the part of the doc.

The above article above does not say what the procedure was, whether it was elective or emergent, nor what the decedent's risk factors were. Dr. Murray have have screwed up and caused this man's death, but it's important to remember that we have very few facts on which to base an opinion.

"Everyone is entitled to their own opinion, but not their own facts." Anonymous

Kathleen Cunningham
Medical Investigator
Certified Medical Legal Consultant