I disagree that Klein needed to tell about the implant based on real life experience. I have had 2 surgeries that included Propofol, I have also been to two surgeries (one dental) my boyfriend has. All of them included an "anesthesia consultation" with the anesthesiologist. Although the main doctor had most of the information, anesthesiologist would conduct their own examination and interview. I don't know if it is because of doctor - patient privilege and one doctor cannot share with another or it is because anesthesia is the responsibility of the anesthesiologist and therefore they collect their own information and don't rely on others. All of those consultations ended with anesthesiologist explaining the risks and getting you to sign a consent form which not only says that the information you provided was accurate and you understand the risks.
So sorry but I don't agree with it was Klein's responsibility. Life experience in US shows it's patients responsibility to disclose the relevant information & answer questions during a anesthesia consultation. That being said Michael lied is the opinion of Fournier which may not be true. It's possible that Michael simply forgot or did not think it was important enough to mention to Fournier.
Yes, I should have said part of Klein's job. It seems he was there , so if he knew there could have been an impact on anesthesia, he should have made sure Fournier was aware. There is a reason why Fournier was more angry at Klein than at Michael, and a reason why Klein apologised.
I don't think there's doctor-patient privilege among doctors / healthcare professionals treating the same patient - that's common sense. We have seen letters among doctors about Michael , in which they informed each other of treatments , pathologies, etc.. Otherwise doctors would not be able to talk to nurses, etc.. a patient can not explain things the way a doctor would.
I would add, it's Fournier's job to be clear, because you are right in saying that that was his responsability to conduct the pre anesthesia consultation. But maybe that's me and my experience in hopsitals : you suppose the patient is not a medical professional , you need to be clear and make sure the patient has understood. You don't usually blame the patient, unless you have been very clear.
For example : I had anesthesia multiple times also, and I had those anesthesia appointments many times. I was always told not eat or drink before. I used to be a smoker (very proud I quit !
) and I always told them, and how much I smoked. Then one day, my anesthesia went wrong, the anesthesiolgist came to see me the day after and told me it had been a nightmare.
It turned out I had low blood pressure and I had smoked before anesthesia. I shoudn't have , but no one ever told me, and I had multiple anesthesia by multiple anesthesiologists before, I smoked before, and never had a problem.
I had another anesthesia after that one, 2 years ago, I was still a smoker, the anesthesiologist- a different one- made sure I was aware that I should not smoke before.
So these miscommunications happen, though I can understand his frustration..
Another example of how sometimes doctors should and have to communicate : I already mentionned my step dad had cancer some 15 years ago. At one stage, he had to have an operation by a neurosurgeon. But he was in a very bad shape- though conscious and able to talk- but in such a bad shape that anesthesia for a long operation would have been dangerous. My stepdad would not have been able to explain it, so the anesthesiolgist and the neurosurgeon had to organise it among themselves. They eventually came to an unusual solution : do the operation in the neurosurgeon's clinic because he needed his staff and equipment, with the anesthesiologist from a different hospital, and an ICU team who tranferred him back to the original hospital right after the operation, because their ICU was more adequate. It was very stressful, but it worked.
That neurosurgeon was a bit special, he wouldn't talk to families, he said he had no time for that (which was true). So he gave all his information to the GP & hopsital doctors and would only answer the GP & hospital doctor's questions.
Other examples : some of Murray's "mistakes" were to lie to the parmadics and ER doctors : at that moment, there was no doctor-patient priviledge, he was supposed to give as much as info as necessary. That's also one of the reasons there are medical records : so that other healthcare professionals, such as nurses or doctors, can refer to it.
@ Bubs : is there a nurse on this jury ?
As for a jury's perspective , I am also interested in this trial because, whether we like it or not, it's happening, and it brings out facts. So jury perspective is one thing, it's interesting, but it's also interesting for me to put the info we're getting in perspective with the facts that we already know, even if theu jury doesn't have this info, it helps to find out what is true or not.
But from their perspective, i think they are going to wonder why AEG is not blaming Murray, and blame the victim instead, it's a dangerous path, IMO.
Same thing for rehearsals : it's understandable that Phillips wanted Michael to rehearse even though the contract did not mention it... but ... even if he was sick ?
I don't think Fournier's testimony did much harm to Michael, besides the obvious violation of privacy. He was not secretive and lying. The number of botox injections might be surprising, but I guess it will be explained at some point that some of them were to treat excessive perspiration, and the jury probably already knows about plastic surgery. The rest (burn, accidents..) were already explained.
As Petrarose said, it's extremely weird to do procedures just to ...sleep. It doesn't make sense.
As for asking propofol to sleep, I'm very curious to know why he did that. Was he trying to stay away from addictive medication ?