Doctor Murray Catches a Break

He took the oath they all take.  First, do no harm.  He spent a minimum of 14 years after high school earning the right to practice cardiology, the most demanding specialty in medicine.  He can’t be stupid, so he must be seriously flawed in character.

Judge Michael Pastor sat seething on the bench as the principles in the case of the State of California versus Conrad Murray, M.D. presented their arguments to persuade the court in the sentencing of the convicted cardiologist who was found guilty of involuntary manslaughter in the death of pop star Michael Jackson.

When it was his turn to speak, Pastor’s disdain for the defendant was palpable.  For three full minutes, he revisited the numerous ways the physician had failed to comply with the basic standards of care:

• Exchanged medicine for $150,000 per month and willingly complied with the patient’s wishes without regard for the patient’s best interest
• Administered a dangerous anesthesia outside a properly equipped hospital environment
• After delivering the anesthesia, left Michael Jackson alone for a short period of time during which Jackson stopped breathing
• Failed to call 911 immediately
• Failed to tell emergency personnel that the patient had been given the anesthesia
• Lied to emergency room doctors about the drug
• Showed absolutely no remorse or sense of responsibility for the death of Michael Jackson

And then Judge Pastor threw the book at Murray.  He sentenced him to four years in the Los Angeles county jail.

Say what?!?

Judge Pastor’s obvious pique was not just because he loathed the doctor and his obvious lack of character.  He was livid because he couldn’t even send the man to the state prison to do his time.  California law, recently revised, limited the penalty for involuntary manslaughter to a maximum of four years in jail.


But it gets worse.  California’s jails are filled beyond their capacities.  The only solution to that condition is to shorten the terms of inmates to make room for the newly convicted.  So, Conrad Murray, in all likelihood, will serve no more than 2 1/2 years and even less when time served and good behavior are factored in.

In the meantime, people are going to notorious places like Folsom and Pelican Bay state prisons for non-lethal crimes such as possession of illegal drugs and burglary and serving out their terms.

There are times when the justice system in our country makes very little sense.  This is one of those times.

Propofol and Me

LA Deputy District Attorney David Walgren displays 100 ml bottle of propofol to Dr. Conrad Murray’s jury.

The criminal trial of Dr. Conrad Murray for the death of superstar Michael Jackson centers around the doctor’s use of a milky substance called propofol.  A drug used to sedate patients in order to help them tolerate painful medical procedures, propofol is generally administered only in hospitals by physicians certified for its use, surrounded by machines which monitor the patients tolerance of the drug and tools needed to open the patients airway in the event of breathing difficulties. 

It is alleged that Michael Jackson ordered Dr. Murray to administer propofol to him as a general sleep aid. In fact, according to testimony in today’s session of the trial, Dr. Murray purchased from a pharmaceutical distributor a total of 255 bottles of propofol between May 2009 and Jackson’s June 25, 2009 death. Roughly half of those were 100 ml bottles; the remainder were 25 ml bottles.

My last colonoscopy took place about five years ago here in Atlanta.  After enduring a horrendous 24 hours of preparation I was delighted that this time I would be put to sleep for the actual procedure.  The anesthesiologist explained the process as I lay in my hospital gown waiting for my turn. He said they would be using a new drug that was fast acting and short-lived.  He said I would wake up quickly with very little time needed for full recovery.  It was propofol.

When the anesthesiologist injected the propofol into my IV, it was as if he had thrown a light switch to the off position.  There was no gradual fade out, no funny sounds or twirling visual patterns.  One second I was conscious, the next second I wasn’t. 

Without any sense of the passage of time, I next heard the voice of my charming gastroenterologist gently suggesting that I wake up now.  My eyes flew open and I was up.  I never slurred a word or was the tiniest bit groggy.  On the contrary, I felt a euphoria, a lightness.  I was as refreshed as I have ever felt from a power nap. 

It is easy to see why someone who is plagued with insomnia to the extent that Michael Jackson is reported to have been would crave the artificial sleep-state provided by propofol.  It turns off all mental systems – no dreams, no tossing and turning, no sense of being whatsoever.  On the other hand, there is no lapse of memory or groggy side effects.  What’s not to like?

I have no doubt whatsoever that this powerful drug, administered incorrectly or outside the prescribed guidelines, would be unceremoniously deadly.  One second alive, the next second deceased.  Just like Michael Jackson was.