Father files claim against Jackson’s overseeing physician
Last year, the media was buzzing over the cause of Michael Jackson’s sudden, tragic death. Hundreds of reports swirled over claims of foul play, recreational drug overdose, or even a potential surgery mishap. But, none of those stories were indeed the case. As Michael Jackson’s death became public, the media learned his cause of death arose from a tragic medical mistake involving prescription medication.
Now, the superstar’s father is suing Jackson’s doctor for wrongful death. But before Joe Jackson could get very far in his lawsuit, a federal judge in Los Angeles on Monday rejected the lawsuit, saying his authority was insufficient to hear the bulk of the case, according to Beverly Hills Courier.
In addition to rejecting the wrongful death lawsuit, U.S. District Judge John F. Walker said that in his court, Joe Jackson would be unlikely to collect the damages he is seeking against the deceased King of Pop’s doctor. Judge Walker advised Jackson to file the complaint in state court.
The judge’s findings that lead to Michael Jackson’s wrongful death suit to be dismissed
In the court proceedings, Joe Jackson’s attorney claimed that the megastar’s rights were violated under the Americans with Disabilities Act. As it stands, alleged violations under this act remains a federal issue and cannot be handled in city courts.
Because of this facet, Jackson’s attorney agreed to dismiss the federal issue from the complaint against Dr. Conrad Murray, who admitted to prescribing the singer Propofol, a sedative drug commonly seen in other pharmaceutical malpractice suits.
Brian Oxman, attorney for Joe Jackson, noted he would re-file the case as part of a larger case filed by the Jackson family in Los Angeles Superior Court.
Recent developments in Michael Jackson’s wrongful death lawsuit
Court papers reveal tidbits of the pop star’s death case never revealed before. In Joe Jackson’s complaint against Dr. Murray, treating physician for the deceased entertainer, he claims that Murray made no effort to revive Jackson while he was transported via ambulance to Ronald Reagan UCLA Medical Center.
Jackson further claims that Murray was deceitful when he provided false information to paramedics and overseeing physicians. Perhaps fear or dread, but Dr. Murray never told responding doctors that he prescribed Jackson a laundry list of powerful medications.
While Dr. Murray may later have an opportunity to blame the drug Propofol through product liability claims, he didn’t do himself a favor by concealing Jackson’s prescription information from doctors, as claimed by Joe Jackson in his court complaint against the star’s physician.
What to do if you’ve been affected by pharmaceutical or medical malpractice
For those who have experienced loss of a family member from wrongful death due to pharmaceutical malpractice, only you know the pain and suffering you and your family have had to endure.
If you’ve suffered from personal injury resulting from medical or pharmaceutical malpractice, you may be facing additional medical bills, pain and suffering, or even lost wages. It doesn’t have to be that way. Your first thought may be, Who will pay my bills when I get better, if I get better?
There are answers, and we can help.
Get in touch with our San Diego personal injury attorneys today for a free and private consultation.