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Jackson doc could lose medical license as condition of bail

By: cnn.comPosted On: 04/05/2010 12:48 P

Michael Jackson's last doctor may learn Monday whether his California medical license will be suspended while he faces trial in the pop star's death.

California's medical board will ask the judge to order Dr. Conrad Murray not to practice medicine as a condition of his bail when he appears in a Los Angeles court Monday.

When Murray pleaded not guilty to involuntary manslaughter in February, a judge prohibited him from using any anesthesia on patients, but he refused the prosecution's request to suspend his license.

The state is trying again with a new judge in charge of the case.

Murray's treatment of Jackson "demonstrated a serious lack of judgment that should prohibit him from practicing medicine," California Attorney General Jerry Brown said.

Defense lawyer Ed Chernoff, in a filing last week, argued the state must show "changed circumstances" since bail was first set.

Murray currently has no California patients, although he has resumed his medical practices in Houston, Texas, and Las Vegas, Nevada, Chernoff said.

The suspension of his California license would have a "domino effect" on his practices in other states, Chernoff said.

"If his Honor restricts his California license even temporarily, then by application of Texas law, Dr. Murray's Texas license to practice medicine shall also be similarly revoked," he said.

The loss of his practices in Nevada and Texas "would be financially and personally devastating," he said. "He will likely be faced with the inability to adequately defend himself of the charges facing him in the Superior Court of California."

Murray's defense "will be scientifically based" and requires "intensive attorney work and fees," Chernoff said.

Murray is "hanging on by a thread" financially and could not afford to pay for his legal defense if he loses his medical license, according to his lawyer.

The Los Angeles coroner concluded Jackson's death on June 25 last year was the result of "acute propofol intoxication."

Murray told investigators he gave Jackson propofol, a powerful anesthetic, to help him sleep.

Murray's defense team denied a report by the gossip Web site TMZ on Sunday that cited unidentified "multiple sources" saying their strategy would be to argue that Jackson gave himself the final and fatal dose of anesthesia.

"We do not know what sources to which TMZ is referring," the spokeswoman for Chernoff said. "We only know it didn't come from Ed (Chernoff) who has the final word."

"It is premature to discuss defense strategy," she said.

The TMZ report said Murray would claim that while he had administered propofol to Jackson earlier in the morning, the singer gave himself another dose when the doctor left the room for two minutes.

The possibility that Jackson could have overdosed on his own was considered and ruled out in the coroner's autopsy report.

"It would have been difficult for the patient to administer the drugs (others besides propofol were administered) to himself, given the configuration of the IV set-up," Dr. Selma Calmes, anesthesiology consultant hired by the coroner, wrote.

The tube was in Jackson's left leg with a 5-inch-long injection port, she said.

"He would have had to bend his knee sharply or sit up to reach the injection port and push the syringe barrel, an awkward situation, especially if sleep was the goal," Dr. Calmes said.

Joe Jackson, the singer's father, is expected to attend Monday's hearing in the Los Angeles courtroom of Judge Peter Espinoza. The elder Jackson has filed notice that he will sue Dr. Murray for the wrongful death of his son.

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