Dr. Finklestein's deposition is going to be played? Well at least portions thereof.
How in the heck do you get to exam and/or cross-exam a video tape!
What's the 411 on Dr. Finklestein, what role does he play in all of this. I'm familar with the name, just can't remember the connection.
re bolded : what does that mean ? i couldn't find it on google.
I disagree with the supervision of independent contractors. we hire a lot of independent contractors, the rule is to get someone "licensed and insured" - meaning they have met the legal requirements of a job, have the necessary licenses and if anything goes wrong they have insurance to cover the damages. then there's no supervision.
For example recently I hired a "licensed and insured" tree specialist as an independent contractor for a tree broken in storm. Other than hiring them to cut down the tree - and saying that to them - there was absolutely no supervision. I'm in no position or have no knowledge to tell an arborist - a tree specialist - how to cut a tree without damaging power lines or hurting people. They have the expertise to do it on their own. (and they did, arranging with power company to temporarily shuting down the power, blocking access to the area by pedestrians and so on)
A lay person cannot supervise a specialist. you can only supervise what you know about. In other words the owner of the tree specialist company can supervise his workers, not the people that hire them to cut down trees. For example I supervise assistants whose job to do what I tell them to do and everything they do requires my final examination & signature but I in no way supervise independent contractors we hire for anything.
and I thought the judge already ruled that supervision could not happen in the case of Murray?
Ivy, I think we had not finnished with the talk about supervision when we talked about the legal definitions of the claim, 2 weeks ago.
I'm quoting one of your post back then :
^^
I don't think (but as I said I haven't checked) supervision is possible in the case of Murray. Not only he's an independent contractor but he's a doctor and AEG has nothing to do with medical care. I don't think they were in a position to supervise Murray.
also let me copy judge's order from summary judgment
Claim 5 Respondeat Superior
Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors.
Katherine claims that AEG hired Murray in part to ensure that Michael attended rehearsals. Judge says even this claim might be true, there's no evidence that AEG had any control over how Murray did that.
Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor.
Therefore judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.
To me the above one demonstrates supervision probably is not going to be a part of the trial.
To me it says, AEG can not be responsible for Murray's actions, as a medical doctor (ie choice of medication, how he gave them). But I think supervision in this case can be AEG's improper supervision of a doctor, even if the doctor shouldn't have obeyed AEG. It would be AEG's actions, not the doctor's.
Actually, I think Mechi gave a very good example, as a head of a nursing home, he/she supervises nurses. Mechi is not a nurse, so he/she can not tell a nurse how to set up an IV, how to give this or that medication, or Mechi can't even check how the nurse does that.
But he/she supervises nurses in the sense that he/she has to make sure their working condidtions are OK (for ex if a nurse's schedule has no day off, one nurse for 250 patients instead of 50, that wil be Mechi's responsability & that would be supervision) .
Mechi would be making a big
supervision mistake if he asked a nurse to leave an Alzheimer resident unsupervised near the nursing home's opened gates. An even bigger mistake if Mechi keeps promising a contract to that particular nurse, and won't pay him/her until the contract is signed..
Of course if the nurse does that and leaves the Alzheimer patient next to the open gates, it will be the nurse's mistake and responsability, but what would you think of Mechi's actions then ?
If the nurse actually left the resident by the gates, the resident leaves, gets lost, gets hit by a a car and dies. The nurse will go to jail, but what about Mechi's actions ? Will he/she be liable ?
Except the RELEVANT "request/demand/instruct" was not given by AEG. Conrad Murray began having propofol shipments delivered to his girlfriend the first week of April. The $150K payment was agreed to a month later in May, meaning he had already determined the treatment he was going to administer before any agreement was reached with AEG. So, I'm not seeing any big relevance in the few instructions AEG was giving him when he had already determined what he was going to do, and he haphazardly did do it.
Tygger, I think you present rational arguments. But there hasn't been anything presented yet in this case to show AEG precipitated Murray's irresponsible, unethical behavior IMO. He set himself on that course before they told him anything.
The claim is "negligent hiring and supervision", the Jacksons are saying AEG was
a factor in Michael's death, not the direct cause. (in their verdict forms)
This + the judge saying AEG can not be held responsible for Murray's actions (medical negligence) tell me propofol is irrelevant in this case.
In fact, it is AEG who are using this argument : their verdict forms say "who is responsible for Michael's death" (which is different from being a factor) and cite everyone except Murray. It's AEG who is bringing up the propofol argument in their questionning and opening statements.
The Jacksons theory so far is : AEG hired Murray, negligently because they ignored red flags (PG knowing about previous problems with medication, knowing about bad doctors, Michael's health deteriorating under his care, didn't do background checks ), and incorrectly supervised him by giving him orders (getting Michael on stage in spite of health issues, promising contract to Murray & refusing to pay him as long as the contract was not signed so making him dependent on AEG).
I think that's all, the Jacksons are not taking it further, they are not exactly saying AEG caused Murray's behavior, IMO. They're saying AEG was a factor in that.
It's AEG who seems to be doing that (using the propofol argument, that no one knew about, so how could they guess..). IMO, they are the ones who are not sticking to the claim.
According to Kai Chase, Murray (and MJ) stormed out of a meeting. Now I don't know about you, but Murray doesn't seem like he'd be taking instructions from AEG. LOL I can totally see him being like "Mind your own business, I'm the doctor. Everything is fine. Goodbye. " and storming out.
yes, I agree, BUT he was not paid, and money was an issue for him (as per his financial situation + his e mails to Timm Wooley asking for payment). AEG was "promising" a contract that took almost 2 months to make, and said they would not pay him until the contract was signed... Difficult for him to storm out at that point.