Michael Jackson Death: Joe Jackson Files Subpoenas, Grieving Dad or Major Opportunist?

Joe Jackson, Grieving Dad, or Major-League Opportunist?

According to TMZ, attorneys for Joe Jackson, Michael Jackson’s father, have subpoenaed medical and other records from the UCLA Medical Center relating to Michael’s death. Joe claims the “entire” Jackson family is behind the subpoenas.

Joe’s lawyer, Brian Oxman, sent 2 subpoenas to the UCLA Medical Center — the hospital where Michael Jackson was pronounced dead on June 25. Oxman is asking for a number of documents, including medical records, autopsy reports, autopsy photos, medications and prognosis assessments.

Who’s not happy about the subpoenas? Estate lawyer Howard Weitzman, one of the attorneys handling Jackson’s estate who claims the two subpoenas violate Jackson’s right of privacy and physician/patient privilege. While states have their own physician/patient privilege laws, Joe Jackson, or members of the Jackson family, as Michael Jackson’s next-of-kin, may have the right to access records in relation to an impending wrongful death suit.

All states have laws about what is called the physician-patient privilege. This privilege includes a patient’s right to medical privacy and the right to prevent a physician from revealing the contents of medical files without the patient’s permission. This privilege is frequently an issue in wrongful death lawsuits, where wrongful death lawyers need access to the medical information to prepare for a case. Because the plaintiff (the person suing) in the wrongful death lawsuit must prove that the defendant(s) caused the wrongful death, medical evidence is crucial.

Usually, a physician is not allowed to release information without the permission of the patient or deceased person. There are, however, exceptions to this rule. In some states, the deceased’s personal representative, surviving spouse, or next of kin has the right to waive (release) the privilege and have medical information released once the injured person has died.

In some states, the files may only be released to a hospital or a doctor; they can’t be released directly to a wrongful death attorney. There is also the question of whether the files can be obtained before a wrongful death lawsuit has been filed. There is some dispute about whether the files should be released, but the plaintiff’s attorney can usually obtain the files with his or her client’s permission if the files are sought in contemplation of filing a wrongful death lawsuit.
-Wrongful Death

In the state of California, the statute of limitations for filing a wrongful death suit is two years.

The Los Angeles District Attorney’s office has yet to file any charges in relation to Michael’s death even though it’s been six months since Michael’s death, and, four months since the Los Angeles County coroner ruled Michael Jackson’s death a homicide.

From CNN:

The Los Angeles County coroner has ruled that Michael Jackson’s death was a homicide involving a combination of drugs.

“The drugs propofol and lorazepam were found to be the primary drugs responsible for Mr. Jackson’s death,” said a news release issued Friday by the coroner. “Other drugs detected were: midazolam, diazepam, lidocaine and ephedrine.”

The release said Jackson died from “acute propofol intoxication,” but said “other conditions contributing to death: benzodiazepine effect.”

On November 23, Radar reported Jackson’s personal physician Dr. Conrad Murray had returned to work:

ETOnline had more:

Dr. Conrad Murray’s attorney, Edward Chernoff, told ET that his client will be returning to his work at the Armstrong Medical Clinic in Houston, Texas.

Chernoff said in a statement: “Because of a deteriorating financial condition and prompting by many of his beloved patients, on November 20th, 2009 Dr. Conrad Murray resumed his cardiology practice in Houston Texas. Doctor Murray plans to attend to patients in both Las Vegas and Houston. His decision to first return to practice in Houston was made because of the greater need these low-income patients have for his services and the prohibitive cost of reopening his clinic in Las Vegas.”

Currently, the Medical Board of California lists Murray having a current active license to practice medicine in California. The Board states that due to California law and confidentiality, the board cannot reveal whether a physician is under investigation, or whether there are any “pending” malpractice cases. Murray’s license to practice medicine is currently listed as active in both Nevada and Texas.

Despite the overwhelming press coverage of Michael’s sudden death and subsequent memorial service, since then the major news media’s interest in Michael’s death has considerably waned while Los Angeles authorities have kept a “low profile” in a very high-profile case.

When prosecutors called Murray’s girlfriend Nicole Alvarez to testify before a Grand Jury in late September, the story was reported on the LA Time’s “L.A. Now” blog. The info on the grand jury was through “sources” and Alvarez’s attorney. At no point did the Los Angeles District Attorney’s office announce Grand Jury proceedings were going to convene, or, were ongoing.

On December 1, Rolling Stone published Charges in Michael Jackson’s Death Months Away, Source Says.

From Rolling Stone:

Although the death of Michael Jackson has officially been ruled a homicide, investigators are still months away from filing any criminal charges in the case, a source tells the Los Angeles Times. Because of all the evidence gathered in the case as well as the toxicology reports and other “complex medical data,” the decision to file charges in the case are “months rather than weeks away.” Outside medical experts have reportedly been recruited to help with the investigation.

Rolling Stone pointed out that this “wasn’t the first time” the LA District Attorney’s office had “hesitated” in filing charges in a high-profile case, citing the year that had elapsed between when actress Lana Clarkson died from a gunshot wound in music producer Phil Spector’s mansion and the subsequent murder charge filed against Spector.

There is a difference between the two “high-profile” cases. Spector was a music producer while Murray is a practicing physician. At the time of Michael Jackson’s death, Murray was Jackson’s personal doctor, entrusted with Jackson’s health and well-being. Jackson went into cardiac arrest while under Murray’s care, then later died from what the LA Coroner ruled cause of death, a homicide due to a combination of “acute propofol intoxication” and benzodiazepine drugs.

In regards to a potential wrongful death suit, the Jackson family has been having to deal with the tangled web of Murray’s relationship with AEG Live, who negotiated with the Jackson’s estate and Sony to produce Jackson’s “This Is It” documentary. According to Box Offic Mojo, “This Is It” has grossed $252,432,248 in its worldwide release.

The “Best Interests of the Estate”

On August 22, MSNBC reported a judge had approved a $6 million deal between the Jackson estate and AEG Live to exhibit Michael’s memorabilia.

In November, AEG Live declined to pay Murray for his two months services as Michael’s personal physician. According to AEG, there wasn’t a contract because both Michael and AEG Live had “refused to sign”.

Previously we discovered in court documents a reference to where authorities, armed with a subpoena and searching Michael’s mansion after his death, had taken into evidence, a “contract” which related to Dr. Murray, AEG Live, and Michael Jackson. We contend that if the Jackson family files a wrongful death suit against AEG Live, the contract will the centerpiece and bone of contention over whether AEG Live, as Murray’s employer, could be potentially held responsible for Jackson’s death to the tune of hundreds of millions, if not a billion in compensation to certain members of the Jackson family.

Tags: Michael Jackson