More From Eric Dixon at http://www.NYBusinessCounsel.com

Support Independent Investigations With Bitcoin:
Send Bitcoin Here: 171GMeYRD7CaY6tkXs8dSTjLbAtFazxhVL

Top 50 Twitter Rank of Worldwide Startup Advisors For Much of 2014
. Go to my professional site for solutions to your legal, business and strategic problems. The only lawyer who is a co-inventor of multiple, allowed-for-grant patents on blockchain technology!!! Blockchain and Digital Currency Protocol Development --
Top Strategic Judgment -- When You Need A Fixer -- Explore Information Protection and Cryptographic Security -- MUST-WIN: JUST DON'T LOSE -- SURVIVE!: Under Investigation? Being Sued? Handling Extreme Stress -- Corporate Issues -- Startup Issues -- Investor Issues -- Contracts To Meet Your Needs -- Opposition Research -- Intellectual Property, Media and Reputation Issues -- Independent, top-notch legal, strategic and personal advice -- Extensive ghostwriting, speechwriting, book writing, issue research, press and crisis management services. Listed by American Bar Association's Law Bloggers (Blawgers). Contact EDixon@NYBusinessCounsel.com. European Union audiences: This site uses a third party site administrator which may use cookies but this site is intended for AMERICAN clients and prospective clients only!

Monday, August 24, 2009

Does Negligence = Murder?

Los Angeles County coroner reports that traces of a powerful anesthetic were found in the bloodstream of the pop star Michael Jackson; other reports state that the Los Angeles Police Department is treating this as a homicide.  

Speculation may turn to Jackson's doctor Conrad Murray, who is reported to have been prescribing various medicines and painkillers.   If he is in jeopardy of being criminally prosecuted, this may become yet another case where a professional is charged with a crime for essentially being negligent.   Are we going too far in second-guessing our professionals?   What is the "mens rea" element needed for a crime?   Is it the doctor's "intent" to proscribe a certain drug?  Over a certain amount (which prosecutors and expert witnesses can second-guess and disagree upon)?   Or -- is a mistake by a professional a crime?   If you are in a car accident and someone dies, will some young prosecutor looking to make a name for himself -- or build that resume to shop for a law firm job -- try to find fault (bad judgment) in how you were driving as a basis for a murder rap?   And in these cases, don't hesitate to think that the investigation starts out with the conclusion first and works its way backward; there's no pretense of using the scientific method (proposition > procedure > testing > result > conclusion).

Many facts have yet to come out.   But this could be among the growing list of cases which cause many in our medical professions to practice defensive medicine.   And don't for a moment think that this "defensive" mentality does not extend to other professions like law and accounting. 

Eric Dixon is a New York lawyer and strategic analyst who engages in crisis management and other matters. Mr. Dixon cautions readers that this article is not legal advice. Mr. Dixon may be contacted for further comment through edixon@NYBusinessCounsel.com, or at 917-696-2442.


No comments:

Post a Comment