Tuesday, February 9, 2010

Has Justice Been Flushed?

I am still grappling with the fact that Conrad Murray has only been charged with second-degree (involuntary) manslaughter. This carries a maximum sentence of 4 years. Yes, just 1460 days or 208 weeks. I am hoping that the prosecution has some hidden agenda up their sleeves as to why they would begin this process with such puny charges as a way to build them up to stronger charges and hope they can peg him with murder. I do not have hope of that occurrence though. But, let's look at two cases that are very recent and compare them to what is going on with Murray. Why is Murray getting off the hook so easily? I hope to break down the autopsy report soon and make it as humane as possible--focusing only why Michael is no longer here and who did it.

Eric Cropp, former pharmacist:

http://www.ismp.org/newsletters/acutecare/articles/20091203.asp

Eric was a pharmacist in Ohio. His license has now been completely revoked. He missed a sodium overdose in a chemo infusion prepared for a pediatric patient (the solution was made by an unlicensed pharmacy technician who because she was not licensed she was not charged). However, Eric was charged with reckless homicide and manslaughter but only found guilty of manslaughter and sentenced to prison for approximately 6 months. How sad that this man was charged with reckless homicide when this was a legitimate accident. He admits to it. He had no motive or intention to harm this little girl.

I actually know some inside information about this case that I will share. Under Ohio's state law, technicians do not have to be certified. Anyone off the street is allowed to work as a technician in that state as well as other states around the country, too. I think since this error has occurred, a new law was passed at an attempt to have technicians get training before working as technicians in Ohio. Seems like it should be a pharmacist's job to make something like solutions, especially chemotherapy or pediatrics solutions, but that is not always the case (scary, huh?). I learned that Mr. Cropp's working conditions were very stressful (as most medical jobs are). He was in a hospital pharmacy that was very disheveled and unorganized. Staff were not allowed breaks, including restroom breaks. There had been some computer down-time issues that day as well. I can almost see more blame in the hospital for harboring unsafe working conditions in this case, but the hospital was not found to be at fault. Instead, the hospital blamed Mr. Cropp completely. He was not allowed a trial due to "strict liability" standards which I still do not complete understand--he plead no contest which is essentially a guilty plea. I thought everyone was be allowed a trial in this country? But, according to strict liability, no, you are not entitled to such. I do know after his sentencing the pharmacy was remodeled to create better working space for the pharmacists and technicians. Some other pharmacists feel a suspension of his license would be better than permanent revocation because they thought the error would make him be more careful than a pharmacist who had not made such an error. Murray, on the other hand should be charged with reckless homicide, am I not right?. He has done nothing but lie over and over again and it can be argued he had motive to kill from outside sources. He is a shady character to say the least and appears to be a sociopath. Mr. Cropp admits to his mistake of not catching the sodium overdose (~23% sodium vials were used instead of 0.9% saline--both are clear liquids and both were sitting on the counter when the preparation was made). I know I am not the only one to see the blatant injustice here.

Here is a second story about a poor nurse, doing her job, who is now facing, get this, 10 years in prison for reporting a doctor for malpractice (who had been disciplined before). She is facing more time in prison than Murray yet she did not kill anyone or even injure someone. Also, catch on to the way the sheriff ran to the doctor's rescue on this case. Should we look into there being some politics being played in the "City of Angels"?

http://www.nytimes.com/2010/02/07/us/07nurses.html?pagewanted=2&emc=eta1

Note to myself--look up "strict liability" again and see why it is not applying to Murray.

7 comments:

  1. Nikki, my name is Kristina Michel with the National Pharmacy Technician Association. The law in Ohio you are referring to is called Emily's Law. The National Pharmacy Technician Association had a huge influence on getting the law passed. Under Emily's Law, pharmacy technicians are required to be at least 18 years or older, register with the Ohio State Board of Pharmacy, and pass a Board-approved competency exam such as the PTCB or the ExCPT. For more information on the law, view our press release at http://www.pharmacytechnician.org/en/art/?277

    Medical error is still a big problem in the United States. When it happens, it affects all parties who are involved. We, at NPTA, are strong advocates for strong registration requirements for pharmacy technicians in every state. Strong state laws help ensure that the pharmacy technicians who are employed are well-trained, well-qualified and well-respected in their profession, and they will help significantly reduce medical error.

    If you need anymore information about Emily's Law or would like to learn more about NPTA, visit us on our web site at www.pharmacytechnician.org or email me at kmichel@pharmacytechnician.org.

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  2. Possibly and I pray this is the case.. The prosecutors have information that may be indicative of malice or something else that can be charged, but they need Murray and the defense team to "step in it" and unknowingly admit to something else during court while trying to fight the involuntary man slaughter charge that will bolster the idea of slapping the bastard with something else.
    I'm no legal eagle, but Murray's team doesn't seem too bright. I can see them opening up a whole other can of legal worms, stupidly.
    With as many times as Murray has lied and his team has spouted new defenses it is possible.
    Prosecutors have to put anything that they plan to use out in the open. If they do have anything else if it is not rock solid they run the risk of Murray's team just concocting more crap and further muddying the water.

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  3. "I'm no legal eagle, but Murray's team doesn't seem too bright. I can see them opening up a whole other can of legal worms, stupidly."

    Haha, I agree 100% and cannot help but think they could (and I hope) put Murray in an even deeper hole. Sadly, it may come at the expense that Michael gets hurt by being lied about, though, and I would rather Michael not be hurt than see Murray facing more problems. So much of what will be said by others, be it "expert witnesses" or his attorneys is based on what the notorious liar has told them--not the best way to promote a good reputation in one's field if you ask me. Some, if not many, of Murray's lies can actually be proven false.

    Did you see this?

    http://www.chron.com/disp/story.mpl/ap/tx/7444908.html

    So his defense is not even preparing statements or notes--seriously, WTF? I cannot believe any doctor OR lawyer would defend this man! I will address this article further on Twitter later tonight and post the link here (warning, I will be vicious, though I was able to vent a bit about it yesterday).

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  4. Looking forward to the twitter rant... These people are jerks!
    Who the hell do they think they are Perry Mason?! They want to call up some savior of a surprise witness during trial.. They have an expert witness who will testify that MJ died of withdrawal from a demerol addiction? Great! That just proves that they are all liars and willing to pay other unscrupulous people to lie for them.
    Honestly I say let them pull out all the bull they can find. Michael is gone and he can't suffer anymore. I hope that the craziness of this trial will highlight the amount of bullshit Michael had to deal with in his life. Unlike the 2005 this will be televised for the world to see. i think (and hope) in a morbidly sad way Michael will finally be vindicated

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  5. Hey Ebony!

    Here is that rant I mentioned:

    http://tl.gd/91b32g

    I was much calmer when I wrote it!

    Oh yeah, they are lying like dogs and being very conniving--my fear is that the public will hear the lies, the media will spread them, and it will go from there into another mess, not that it is not a mess already. Michael does not suffer anymore, though I still care about him as if he could, but I fear his family, especially his children, will suffer and hurt when they hear these things about their Dad someday. That is something I almost cannot bare.

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  6. Loved the rant. And you were very nice..I don't Think I could have been so good. :) So I am assuming you know that the trial is moved back until May. The info is on MJNEWSALERTS.COM I am not sure if the judge is invoking the 1500 dollar a day fine to Murray's attorneys for the delay.

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  7. Hehe, thanks! I try not to be too angry because the points will be lost many times. Yup, I heard the trial has been moved back until May--Murray's team still won't have a defense and honestly should have no expert witnesses--I say save the tax payers money--throw him directly in jail. I did hear, though cannot confirm yet, that the attorney who was formerly in Geragos' firm and had "minimal" contact with Michael's 2005 case has been allowed to represent Murray--such bad ethics I am not sure what I want to say on the matter right now. I just hope he brings bad luck--isn't like he apparently did Scott Peterson all that good. Just proves the fact that this entire trial is a joke. One good thing about the May back up is maybe, just maybe the AG or DA will read my letters and at least think some of what I said to them over.

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