Only a few weeks have passed since the death of the icon, Michael Jackson, and, as I had previously posted before, more and more legal lessons are coming to the fore based on the tragedy of his life and the unexpected heart felt loss due to his death.
A lot of talk and speculation has centered around the administering of a drug, propofol, that was allegedly provided to Michael in order to help him with his insomnia.
For those of you who don’t know, Propofol is a drug that reduces anxiety and tension, and promotes relaxation and sleep or loss of consciousness. See Propofol, http://www.drugs.com/propofol.html. Propofol provides loss of awareness for short diagnostic tests and surgical procedures, sleep at the beginning of surgery, and supplements other types of general anesthetics. See id. Propofol is for injection into a vein. See id. It is given by trained anesthesia professionals in a controlled environment. See id.
Rare cases of self-administration of DIPRIVAN Injectable Emulsion by health care professionals have been reported, including some fatalities. See Diprivan (Propofol) Drug Information: Side Effects and Drug Interactions, http://www.rxlist.com/diprivan-drug.htm. DIPRIVAN Injectable Emulsion should be managed to prevent the risk of diversion, including restriction of access and accounting procedures as appropriate to the clinical setting. See id.
Now, this post isn’t a clinical diagnosis or a discussion of the medical implications behind the decisions to administer this substance. The real questions are “Should this have been given to Michael at HOME as opposed to a traditional clinical setting like a hospital” AND “Did MICHAEL appreciate that this substance is so dangerous that it NEEDS to be administered in a clinical setting?”
As the facts of this situation start to come out, once again, Michael is teaching us more and more things since his death.  I, again, say that I am in no way, shape or form passing judgment but just stop for a second and think about this thought. If Michael KNEW that this substance was serious and hired medical staff to, among other things, administer this substance to him at home as opposed to in a traditional setting, what does that say about Michael?  Again, I say, before you lose your mind and burn me to the ground, follow this thought process.
If you’ve dealt with someone who has had an addiction to a legal or illegal substance, at some point, the individual may be unconsciously or consciously trying to do whatever they can to get that substance (even if they don’t need or shouldn’t need it). This behavior is referred to as “Drug Seeking” behavior and it is a powerful behavior.  Even though the person may not know that the substances they are obtaining is not good for them or if they stop appreciating the significance and severity of the substance, the person may still take all measures to obtain this substance.
Once a person finds themself in this position, you have to be careful because they may lack the ability to truly appreciate the fact that they may be harming themselves.
That’s when YOU as a loved one may need to intervene.  At this point, if the person is taking action that is causing them to harm themselves, you may have to decide if you need to take aggressive legal action to protect them from themselves. You can only pray with them or plead with them or threaten them so much.
What am I saying? Can you sue them to stop? No, that’s not what I mean. You may have to look to intervention like counseling, friends, family, and the community. You may have to participate in group therapy.  In the worse case scenario, you may have to look at possibly having them involuntarily admitted to a medical facility (in Florida, it’s called the BAKER ACT).  Almost every state has some type of provision which allows individuals to contact law enforcement and have someone involuntarily admitted for an evaluation to ascertain their status.
I’m not saying it is easy. NO ONE wants to put their loved ones in a mental facility. It’s not fun and it is a crushing blow to the ego of the individual to whom you are doing it.
However, tough times may call for tough measures. Try everything you can. Group intervention. Church intervention. Family /loved ones. Anything you can but remember, if you truly love someone, you may have to take whatever steps necessary to SAVE them from themselves.
