When a jury convicted Dr. Conrad Murray of involuntary manslaughter, it concluded that his reckless use of the anesthetic propofol resulted in Michael Jackson's death. This powerful anesthetic should only be used for surgery, but Dr. Conrad used it as a sleeping aid without proper monitoring equipment. In addition to his conviction, he faces a civil lawsuit filed by the late King of Pop's father, Joe Jackson.
The case sounds an alarm about the dangers of improperly administering anesthesia, especially considering a German Medical Association study finding a worldwide increase in the general anesthesia-related fatality rate. According to the study, complications occur in 3 to 16 percent of approximately 230 million surgeries using anesthesia annually, with death resulting in 0.4 to 0.8 percent of cases.
Conflicting Views on Risk of Anesthesia
The study points to the increase in older patients as well as patients simultaneously suffering from multiple chronic illnesses as causes of the uptick in anesthesia-related deaths. Highly-invasive operations are also to blame, according to the study.
Pushing back against the study's claims, however, is anesthesiologist Terri Monk of Duke University Medical Center, who told the Boston Globe that general anesthesia is very safe. According to Monk, anesthesia rarely causes severe injuries thanks to intensive monitoring and safety measures and only leads to about one death per 200,000 operations.
Wrongful Death Lawsuit Offers Remedy
If Joe Jackson's lawsuit was based in Arizona, he would first have to prove medical malpractice. To do so, he would have to show that Michael's injury resulted from Dr. Conrad's failure to exercise the degree of care, skill and learning expected of a reasonable, prudent physician in Arizona in the same or similar circumstances. He would then be required to prove that this failure caused the injury.
Arizona wrongful death law states that if a person's wrongful or negligent act would have entitled an injured person to bring a lawsuit had they survived, the actor can be held liable for causing the victim's death. Since Michael, had he lived, could have sued Dr. Conrad Murray for medical malpractice, his estate can sue for wrongful death.
Family members of those who died from anesthesia-related surgical complications should seek legal representation by a skilled medical malpractice attorney. Money may never replace a loved one, but obtaining compensation can help ease the financial and emotional pain resulting from medical errors.
