Many of you have resisted the concept that the doctor should warrant a background check. So be it.
For the remainder: when a third party hires a personal doctor for another, they are taking on a responsibility to the health of that other person. This is why the doctor has to be vetted. Luckily for many who hold medical insurance, “in network” doctors have been vetted before they are allowed to be considered “in network” doctors that assist you with your health. Luckily the insurance company is not negligent in their responsibility to you.
With Michael, AEG inserted themselves into the doctor-patient relationship by becoming the third party that would allegedly hire the doctor for Michael. It does not matter if Michael knew the doctor and accepted his rendered services for three years. AEG did not know the doctor, was responsible for vetting the doctor, and AEG did not. AEG held the power to deny the doctor’s employment by them and if they decided not to hire him based on any information found in a background check, all Michael could do was grumble or pay the doctor himself. He could not walk away from his TII contract and the doctor was not a part of that TII contract between AEG and Michael.
The items found in the background check by Martinez could have been discovered by AEG if they were so inclined however, they were negligent and did not perform one minus Jorrie’s feeble 10 minute Google search.
I mentioned two items a background check would have discovered that Ivy spent the weekend mulling over: multiple social security numbers and non-payment of rent on his two genuine offices. AEG had the right to deny employment to the doctor if they did not find his response to having multiple social security numbers innocuous and/or satisfactory. AEG had the right to deny employment to the doctor as the non-payment of rent on his two genuine offices showed he was not as successful as he presented himself to AEG when AEG most definitely asked about his background in his effort to gain employment.
ivy;3890749 said:
so yes there was a pay or quit notice but it was after Michael's death and not on credit record. So it's not something AEG would be able to see it. so "Murray was not paying rent on his offices" is out.
laughs
That information existed and was available before Michael’s passing. How do I know? Simple: it would not be logical for Panish to present Martinez’ findings if all of the evidence was dated past the 25th including said non-payments of rent. If Panish did, then Putnam would have easily and eagerly discredited that during the cross of Martinez and rightfully so; it would be foolish and amateurish in which Panish is not. However, that did not happen.
Below is Ivy’s summary of the cross of Martinez’ regarding the doctor’s debt in full. If anyone would like to assume ABC7 omitted the cross regarding the non-payment of rent Panish discussed during the direct, court transcripts showed ABC7 did not.
Putnam: If I wanted to look up your credit, will I need your permission?
Martinez: I think so (ABC7)
Putnam: there are limits as to what civilians can do in terms of search, like DMV search?
Martinez: I believe so(ABC7)
Putnam asked Martinez if searching someone's credit without consent is a crime
Putnam: it would be a crime?
Martinez: It's a misdemeanor (ABC7)
.....
Putnam: Did Dr. Murray's debts excuse him in anyway for what he did? Martinez: No
Putnam asked Martinez if Dr. Murray being in financial trouble made him a suspect? He said no, it was the totality of the evidence (ABC7)
Is any of this hindsight as Ivy and others fondly refers to it? Of course not. Either one of those items was enough to stall or end the employment contract negotiations and force Michael to decide how he would retain the doctor.
It is actually those who reject this concept of the doctor being vetted who are using hindsight. How can we know the doctor would kill a patient because he has three social security numbers? We do not know however, we can decide if we want to work with someone who has three social security numbers based on their reasons for having more than one as the MAJORITY of Americans only have one. How can we know the doctor would kill a patient because he is not paying rent on his two genuine offices? We do not know however, we can decide if we want to work with someone who fabricated their success and is untruthful about their experience.
As for this argument that other independent contractors did not submit to background checks, they were not personal doctors that were to be hired by a third party for one individual. That is comparing apples and oranges.