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Case against Michael Jackson's doctor centers on gross negligence

Michael Jackson's doctor, Conrad Murray, pleaded not guilty to charges of involuntary manslaughter Monday. Legal experts – and doctors – will be watching to see if new standards are set for future cases of alleged medical negligence.

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The defense, on the other hand, will have to show that Murray’s actions were reasonable and that he acted with circumspection.

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The celebrity factor

The celebrity factor may make things more complicated, for instance in choosing jurors who haven’t already formed an opinion on the case.

In high-profile celebrity cases such as the O.J. Simpson trial, jury selection is more than half the battle, says Ms. Levinson. "Because of Jackson's unprecedented fame, this will be a tricky case to get jurors for," she adds.

“Mr. Jackson's many devoted fans are hungry for answers and are looking to the justice system for these answers, and for closure to his tragic life story,” Mr. Cranner notes.

The defense will thus need to separate out Murray from the passions swirling around the case, lawyers say.

“Although the world worships Michael Jackson and deeply mourns his passing … this case is only about whether or not Dr. Murray caused his death,” says Elizabeth Kelly, a Cleveland-based criminal attorney. “His guilt or innocence should not be a symbol of anything, his indictment should not be in order for prosecutors to make a statement about deterrence, but rather this should be a statement that our legal system is based on justice and nothing else.”

Case focuses on propofol use

Both sides are bound to bring lots of expert medical witnesses, and much of their testimony will address the use of propofol in a home setting, say observers.

Because the drug is such a powerful anesthetic, it is customary to administer it only in a hospital setting where there are backup machines that can deal with irregularities or problems – devices such as heart monitors and breathing machines.

However, it is not illegal to administer propofol at home, says Ellyn Garofalo, a criminal defense attorney who represented a doctor in the Anna Nicole Smith case.

“The prosecution will have to show that Murray gave him too much propofol and knew it, or that the propofol interacted with other drugs already in Jackson’s system,” says Ms. Garofalo. “That will depend on what the coroner found in the autopsy and won’t come out until the trial.”

Material from Associated Press was used in this report.

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