you don't understand the term "competent", I'll try to explain it again:
By your logic every doctor causing involuntary manslaughter of his patient would be "incompetent" and that's quite untrue!
"Competence" is NOT determined by the end result or unethical choices/negligent actions (in this case: improperly conducted propofol infusion).
To determine "incompetent" it does NOT matter whether the patient is detoriating or dying at all!
Colloquially you'd often say that someone is "incompetent" if he's failing at what he's supposed to do. But that is NOT the legal term "incompetent".
"unfit" means Murray was
not skilled for the particular work he was hired (eg
technical knowledge)
"incompetent" means Murray was missing a
legal prerequisite for the particular work he was hired (a
qualification)
Legally, he was fit and competent to provide general medical care (he was not for the propofol infusion).
And all that matters here is the law and its legal terms.
It is actually the term "unfit" that you are arguing about, not "incompetent".
- If a doctor is screwing up his work, does that automatically mean the doctor was not skilled for the work, thus "unfit"?
- It does NOT because there are 6 possible scenarios:
- a) the doctor was indeed not skilled
- b) the doctor was skilled but made a crucial mistake for whatever reason (be it some unethical choice/negligent action eg.)
- c) the doctor screwed up his work intentionally
- d) the doctor was threatened to screw up his work
- e) the doctor screwed up his work because he was misled about the specifics of his work
- f) higher powers (=forces of nature, NOT AEG Live^^) caused the doctor to screw up his work
- Murray was fit (and competent) to provide general medical care. As we all know he screwed it up, however scenario a) was NOT the cause.
Do you understand it now?
Kenny suspecting the doctor would be relevant for question 3, NOT 2.
And for that question, the jury has to consider that AEG Live can only rely on the following (limited) information:
There were people that claimed to have seen him deteriorate and complained.
There were people that talked to the person in question (=Michael) plus his doctor (=Murray) and both of them affirmed everything was fine.
Only with constantly recurring complaints or some actual proof they could evaluate that both Michael and Murray weren't speaking the truth.