Husel Trial -- NOT GUILTY

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I think arguments should be evaluated on their own ground, rather than on the basis of who makes them, so I normally don't dig into a posters' history, but your comments and questions about the peer review process have raised my curiosity, and when I tried to see your post history I saw that I don't have permission to view it. @Tigers540 - do you practice medicine?
 
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As @VA Hopeful Dr recently posted: Lets keep things professional in here. Several people have made rather passionate arguments about their individual stance on this case. That's all well and good. Direct attacks are not and will be removed.
 
I believe one of the jurors has been removed for "sending text messages proving he has been watching media on the trial, and saying not nice things about the parts of the trial".

Closing arguments finally taking place and then decision on possible lesser charges to follow.
 
No. In cases where life support is withdrawn the patient's disease causes their death. This is a significant and important distinction in medical ethics.
The way we have defined things typically in medical ethics sure. Hence my point about the strictness of the definition used making something we all (well not all, I had an attending who felt strongly enough that no one should be allowed to die by withdrawal of support even if that was their written or previously stated wish and so would not do so and would try to talk the family members into ignoring those wishes resulting in me needing to get ethics involved frequently, sometimes resulting in the family getting to honor their loved one's wishes, sometimes getting me excused from participating if the family let her talk them into things I felt were very wrong like traching and pegging the 90 yr old brain injury patient who had a very detailed written advanced directive against such a thing) agree is a fine and in fact good thing to do can be described as a form of a thing that is considered illegal (euthanasia)
 
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The way we have defined things typically in medical ethics sure. Hence my point about the strictness of the definition used making something we all (well not all, I had an attending who felt strongly enough that no one should be allowed to die by withdrawal of support even if that was their written or previously stated wish and so would not do so and would try to talk the family members into ignoring those wishes resulting in me needing to get ethics involved frequently, sometimes resulting in the family getting to honor their loved one's wishes, sometimes getting me excused from participating if the family let her talk them into things I felt were very wrong like traching and pegging the 90 yr old brain injury patient who had a very detailed written advanced directive against such a thing) agree is a fine and in fact good thing to do.
I do not think intentionally causing someone's death is a fine thing to do. Or at least I see euthanasia as an open question on which I haven't made up my mind yet.

I do think that honoring a patient's wishes to not have their life artificially sustained is a good thing to do.

i.e.: Allowing natural death =/= Euthanasia

This seems to be where we differ: I think that there is an important distinction there. You seem to think there's no real, practical difference between the two. Have I understood you correctly? I certainly don't want to misrepresent your position. I think that in conversations like this the best outcome is often to clearly identify where we differ and to say "OK, I guess we'll agree to disagree on that point."
 
I do not think intentionally causing someone's death is a fine thing to do. Or at least I see euthanasia as an open question on which I haven't made up my mind yet.

I do think that honoring a patient's wishes to not have their life artificially sustained is a good thing to do.

i.e.: Allowing natural death =/= Euthanasia

This seems to be where we differ: I think that there is an important distinction there. You seem to think there's no real, practical difference between the two. Have I understood you correctly? I certainly don't want to misrepresent your position. I think that in conversations like this the best outcome is often to clearly identify where we differ and to say "OK, I guess we'll agree to disagree on that point."
I am saying that the definitions used matter. We all mostly agree that withdrawing things to allow natural death is a fine and good thing to do (for appropriately selected patients I mean) and we don't think of it is as the same as euthanasia. But it actually is defined as passive euthanasia by some. Here is one way it is defined.

Forms of euthanasia​

Euthanasia comes in several different forms, each of which brings a different set of rights and wrongs.

Active and passive euthanasia​

In active euthanasia a person directly and deliberately causes the patient's death. In passive euthanasia they don't directly take the patient's life, they just allow them to die.

This is a morally unsatisfactory distinction, since even though a person doesn't 'actively kill' the patient, they are aware that the result of their inaction will be the death of the patient.

Active euthanasia is when death is brought about by an act - for example when a person is killed by being given an overdose of pain-killers.

Passive euthanasia is when death is brought about by an omission - i.e. when someone lets the person die. This can be by withdrawing or withholding treatment:

  • Withdrawing treatment: for example, switching off a machine that is keeping a person alive, so that they die of their disease.
  • Withholding treatment: for example, not carrying out surgery that will extend life for a short time.

Indirect euthanasia​

This means providing treatment (usually to reduce pain) that has the side effect of speeding the patient's death.

Since the primary intention is not to kill, this is seen by some people (but not all) as morally acceptable.

A justification along these lines is formally called the doctrine of double effect.
My point in bringing this up is not to claim that passive and active euthanasia are equivalent morally or legally. My point is that the distinction can be considered somewhat arbitrary and some could argue for making passive euthanasia (or what we call normal end of life palliative care) illegal and we should all have a problem with anyone non medical who tries to do that. And if you agree with that part of it then you can perhaps understand why I think we should have a problem with non medical people judging if palliative medication for end of life care (which can also be defined as indirect euthanasia) should be illegal regardless of your opinion on the details of this case.
 
My point in bringing this up is not to claim that passive and active euthanasia are equivalent morally or legally. My point is that the distinction can be considered somewhat arbitrary and some could argue for making passive euthanasia (or what we call normal end of life palliative care) illegal and we should all have a problem with anyone non medical who tries to do that. And if you agree with that part of it then you can perhaps understand why I think we should have a problem with non medical people judging if palliative medication for end of life care (which can also be defined as indirect euthanasia) should be illegal regardless of your opinion on the details of this case.
Which is pretty much what is happening right now.
 
Thanks for your reply. I think there is a big difference between passive and active euthanasia, do you? The attending you mentioned above would seem to say there's no difference, which I think leads to the problematic behavior that you reported in that post.
A difference yes. A big difference? It depends. I consider it a big difference if we are talking about holding someone's head under water versus not trying to help a drowning person. If we are talking about a person on multiple pressors and not generating much inspiration pressure on their own then I don't consider it a big difference between stopping the meds and pulling the tube with a little whiff of an opiate (or maybe none at all which some folks might advocate for) versus a whopping dose of opiates and anxiolytics. And either or those would be different than a big dose of kcl with no opiate or something to numb the vessel at least.
 
Wow. I didn't see this one coming:

"Judge Michael Holbrook has added the lesser offense of attempted murder as an option that the jury can consider in each of the 14 cases..."

Attempted murder, as opposed to reckless homicide. In other words, that would allow the jury to consider that Husel intended to give a lethal medication dose, while still allowing for the fact that perhaps their diseases were their primary killers. That could spell big trouble for Husel if it allows jurors having trouble viewing what Husel did as murder, more comfort in saying, "He might not have murdered them, but what he did came pretty close. So, I'm voting not guilty on murder, but guilty on attempted murder."
 
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Hopefully everyone else is reporting the inflammatory/baiting stuff as well.

I still cant find one good explanation as to how someone is giving a lethal dose of medication to 24+ patients, and no one made a legitimate peep.

This is exactly the issue. To the question "Would you give those doses?" there should be a corollary: "If you saw a colleague giving those doses, would you suspect him of murder?" Would you? If you did, would you report him to the police, which would be the legally and ethically correct response? Or would you think to yourself "Oh, that's weird" and go about your business, as every single nurse/pharmacist/administrator at this hospital did?
 
This is exactly the issue. To the question "Would you give those doses?" there should be a corollary: "If you saw a colleague giving those doses, would you suspect him of murder?" Would you? If you did, would you report him to the police, which would be the legally and ethically correct response? Or would you think to yourself "Oh, that's weird" and go about your business, as every single nurse/pharmacist/administrator at this hospital did?

I can't get past it. If his intent was to truly kill these people and not to provide therapeutic comfort care, then the hospital had a serial killer quite literally broadcasting his murders to dozens of people involved in the care of these patients. I just don't know how anyone can reasonably make that mental leap.
 
This is exactly the issue. To the question "Would you give those doses?" there should be a corollary: "If you saw a colleague giving those doses, would you suspect him of murder?" Would you? If you did, would you report him to the police, which would be the legally and ethically correct response? Or would you think to yourself "Oh, that's weird" and go about your business, as every single nurse/pharmacist/administrator at this hospital did?
If I saw a colleague ordering 1000mcg doses of fentanyl on extubated patients, or large hydromorphone doses paired with benzos, my first action would be to pull them aside and have a discussion and hope to either a) get a very good explanation or b) agree to a change in practice pattern. If the practice continued I would escalate it "to a higher pay grade". If that didn't work, I'd probably contact the hospital legal team.

I would certainly not stand idly by if a colleague was practicing the way the prosecution asserts that Husel was.
 
This is exactly the issue. To the question "Would you give those doses?" there should be a corollary: "If you saw a colleague giving those doses, would you suspect him of murder?" Would you? If you did, would you report him to the police, which would be the legally and ethically correct response? Or would you think to yourself "Oh, that's weird" and go about your business, as every single nurse/pharmacist/administrator at this hospital did?
At least once a nurse said hey that dose seems too high and he changed it then the nurse had to end up giving his desired dose when the lower didn't work. So it isn't like he wasn't open to being questioned about it.
 
If I saw a colleague ordering 1000mcg doses of fentanyl on extubated patients, or large hydromorphone doses paired with benzos, my first action would be to pull them aside and have a discussion and hope to either a) get a very good explanation or b) agree to a change in practice pattern. If the practice continued I would escalate it "to a higher pay grade". If that didn't work, I'd probably contact the hospital legal team.

I would certainly not stand idly by if a colleague was practicing the way the prosecution asserts that Husel was.
I don't believe you. And "having a discussion with the person" is not the appropriate response to somebody you suspect of murder.
 
"Enough to kill [or 'take down'] an elephant" is a cliche that widely understood to be an exaggeration and not to be taken literally...eg "His work was so hard it could kill an elephant." I doubt (or at least hope) Dr. Ely didn't mean it literally and in any case agree Dr. Ely shouldn't have used that expression.

To be fair; you could make the same argument about the supposed use of the term brain dead that Husel may have uttered or implied to family members.

But we agree that in medical based discussions of well defined terms by clinicians/medical experts neither cliche, exaggeration, or over simplification should have been used.
 
Wow. I didn't see this one coming:

"Judge Michael Holbrook has added the lesser offense of attempted murder as an option that the jury can consider in each of the 14 cases..."

Attempted murder, as opposed to reckless homicide. In other words, that would allow the jury to consider that Husel intended to give a lethal medication dose, while still allowing for the fact that perhaps their diseases were their primary killers. That could spell big trouble for Husel if it allows jurors having trouble viewing what Husel did as murder, more comfort in saying, "He might not have murdered them, but what he did came pretty close. So, I'm voting not guilty on murder, but guilty on attempted murder."

Wow…. I didn’t see that coming and actually think that’s maybe the worst possible precedent to set. How can they rationalize that he chose doses to attempt to kill but the dose failed and the patients disease/condition killed them instead? That honestly blows my mind.
 
Hope some of y'all watched closing today

Baez laid out a beautiful closing. State looked very incompetent.

If some kind of negligent homicide charge was included I'd have to hear more about what that actually means before prognosticating. But it wasn't.

Instead its murder and attempted murder, revealed today.

I think he's gonna walk. Anyone that disagrees needs to sit and watch the trial rather than just give opinions.

Don't be surprised if he walks out on all charges. I 100% believe baez' theory. Hospital ran the investigation, didn't want to look bad, painted a picture of murder to a murder detective that clearly didn't know anything about the details and he just forwarded on the hospitals case to prosecutors and it set the whole witch hunt in motion. And when the wheels of justice starts to turn they won't stop till someone is accountable.
 
Hope some of y'all watched closing today

Baez laid out a beautiful closing. State looked very incompetent.

If some kind of negligent homicide charge was included I'd have to hear more about what that actually means before prognosticating. But it wasn't.

Instead its murder and attempted murder, revealed today.

I think he's gonna walk. Anyone that disagrees needs to sit and watch the trial rather than just give opinions.

Don't be surprised if he walks out on all charges. I 100% believe baez' theory. Hospital ran the investigation, didn't want to look bad, painted a picture of murder to a murder detective that clearly didn't know anything about the details and he just forwarded on the hospitals case to prosecutors and it set the whole witch hunt in motion. And when the wheels of justice starts to turn they won't stop till someone is accountable.
Catching up on it now. I’m shocked some sort of reckless homicide wasn’t included, as it was the only charge I could see them proving beyond reasonable doubt.
As the previous poster says, attempted murder requires even more mental gymnastics than murder.
 
I really don't get the attempted murder. That's just bizarre. He tried to kill them, it didn't work, but they died anyway, minutes later???
I mean I guess it is like if I try to shoot you but miss and you didn't realize it and just happened to develop a pulmonary embolism afterward related to the cancer diagnosis you already had and it killed you then I would still be guilty of attempted murder?
 
I mean I guess it is like if I try to shoot you but miss and you didn't realize it and just happened to develop a pulmonary embolism afterward related to the cancer diagnosis you already had and it killed you then I would still be guilty of attempted murder?
Ahhh....I get it now.

Except the bullet hit...

I'm gonna go ahead and guess that the judge is a clown right?
 
Wow. I didn't see this one coming:

"Judge Michael Holbrook has added the lesser offense of attempted murder as an option that the jury can consider in each of the 14 cases..."

Attempted murder, as opposed to reckless homicide. In other words, that would allow the jury to consider that Husel intended to give a lethal medication dose, while still allowing for the fact that perhaps their diseases were their primary killers. That could spell big trouble for Husel if it allows jurors having trouble viewing what Husel did as murder, more comfort in saying, "He might not have murdered them, but what he did came pretty close. So, I'm voting not guilty on murder, but guilty on attempted murder."

Yea...it appears Husel is gonna get screwed. (This is irrespective of my position on the matter at hand.)
 
This is exactly the issue. To the question "Would you give those doses?" there should be a corollary: "If you saw a colleague giving those doses, would you suspect him of murder?" Would you? If you did, would you report him to the police, which would be the legally and ethically correct response? Or would you think to yourself "Oh, that's weird" and go about your business, as every single nurse/pharmacist/administrator at this hospital did?

Good point!
 
Hope some of y'all watched closing today

Baez laid out a beautiful closing. State looked very incompetent.

If some kind of negligent homicide charge was included I'd have to hear more about what that actually means before prognosticating. But it wasn't.

Instead its murder and attempted murder, revealed today.

I think he's gonna walk. Anyone that disagrees needs to sit and watch the trial rather than just give opinions.

Don't be surprised if he walks out on all charges. I 100% believe baez' theory. Hospital ran the investigation, didn't want to look bad, painted a picture of murder to a murder detective that clearly didn't know anything about the details and he just forwarded on the hospitals case to prosecutors and it set the whole witch hunt in motion. And when the wheels of justice starts to turn they won't stop till someone is accountable.
Where's the Youtube link? Is it on Youtube?
 
I'm too lazy to link but easily findable. Yes on YT
 
I’m sure I’m oversimplifying it, but the consideration of attempted murder by itself casts doubt into murder, no? The whole prosecutions theory centered around Husel “hastening death”. But now maybe he didn’t because 1,000mcg wasn’t enough to hasten it? Wasn’t the speed of death a big point for prosecution implying that fentanyl had to have sped it?

I guess I’m having a hard time even wrapping my brain around it
 
Ahhh....I get it now.

Except the bullet hit...

I'm gonna go ahead and guess that the judge is a clown right?
Oh, I guess maybe l shot you but the miss hit you in the foot or somewhere else not vital and then you died of you cancer induced PE that was definitely not related to the gun shot?
 
I'm listening to the defense closing arguments. Hard to hear clearly...but yes it's extremely strange as he pointed out that nurses and pharmacy were basically in on all of this.

I still don't like what Husel did but the entire hospital coverup stinks more than crap-covered, pus ridden, homeless diabetic feet. I hope the hospital and the administrators and everyone else gets sued too. If Husel goes down then other people need to as well, and the administrators should go down too. And make sure their vacation homes get taken as well.
 


I love the first 20 seconds. The judge has such mental anguish, it's like he wants this trial OVER so he can go to the local private club, have a scotch, and play some golf.


46:00 of the above clip

Husel says to the pharmacist that he is doing a palliative extubation for a patient who has a "high tolerance" (sic - for narcotics).

This is important info and has to be revealed somehow. I wouldn't think so poorly of Husel decisions on doses if this were readily available evidence in the trial. Maybe it was. I don't know.

I mean..if a pt is on fentanyl 200 mcg/hr for a few days...I wouldn't feel as bad with him giving 1000 mcg. (Although that is still to much in my opinion. But maybe not murder bad.)
 
46:00 of the above clip

Husel says to the pharmacist that he is doing a palliative extubation for a patient who has a "high tolerance" (sic - for narcotics).

This is important info and has to be revealed somehow. I wouldn't think so poorly of Husel decisions on doses if this were readily available evidence in the trial. Maybe it was. I don't know.

I mean..if a pt is on fentanyl 200 mcg/hr for a few days...I wouldn't feel as bad with him giving 1000 mcg. (Although that is still to much in my opinion. But maybe not murder bad.)


Fyi

That same pharmacist, talon, also testified he was only told it was a "procedure. " nurse said he told him it was a palliative Extubation. Someone is lying, pretty obvious who imo
 
There are tons of things like that that get cleared up pretty easily imo. A lot of time was spent on paralytics when they were only used in accordance with MC policy (not redosed less than 30 minutes prior to vent removal).

MCs own policies even make mention of the principle of double effect.
 
Fyi

That same pharmacist, talon, also testified he was only told it was a "procedure. " nurse said he told him it was a palliative Extubation. Someone is lying, pretty obvious who imo
I could maybe stretch my mind to accept that someone would hear extubation and confuse it with a procedure like intubation.
 
I'm listening to the defense closing arguments. Hard to hear clearly...but yes it's extremely strange as he pointed out that nurses and pharmacy were basically in on all of this.

I still don't like what Husel did but the entire hospital coverup stinks more than crap-covered, pus ridden, homeless diabetic feet. I hope the hospital and the administrators and everyone else gets sued too. If Husel goes down then other people need to as well, and the administrators should go down too. And make sure their vacation homes get taken as well.
Seems quite plausible that admin also did some shady stuff. If that's the case, it would be unfortunate if they didn't also have consequences.

The argument presented around the 45 minute mark is pretty compelling for a not guilty verdict. I may actually try to watch these closing arguments, as I'm willing to change my mind and my current conclusion is based on drips and drabs of info over the course of a month.
 
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Right, I would want to know more. Were there extreme circumstances to justify this extreme deviation from usual care? Also, I'd want to see that there wasn't a pattern of such extremes. Unfortunately - I do not see this case providing such reassurances.
I watched the prosecution's expert go through a case on cross examination. Patient was admitted to the ICU, given 25mcg by the physician (Not Husel) then shortly after that given 50mcg then shortly after that given 100mcg then I think they upped it once more to 200mcg. Little bit later there must have been a shift change because then Husel ordered 2000mcg. Don't remember if they said how long that patient lived after that dose.
 



at the 2:29:00 mark the defense replays the witness who literally tampered with evidence on the stand. The daughter of one of the patients sneakily peels something off her mother's morphine pill bottle while testifying. Unreal
 
Seems quite plausible that admin also did some shady stuff. If that's the case, it would be unfortunate if they didn't also have consequences.

The argument presented around the 45 minute mark is pretty compelling for a not guilty verdict. I may actually try to watch these closing arguments, as I'm willing to change my mind and my current conclusion is based on drips and drabs of info over the course of a month.
plus he used a Casablanca reference
 
I watched the prosecution's expert go through a case on cross examination. Patient was admitted to the ICU, given 25mcg by the physician (Not Husel) then shortly after that given 50mcg then shortly after that given 100mcg then I think they upped it once more to 200mcg. Little bit later there must have been a shift change because then Husel ordered 2000mcg. Don't remember if they said how long that patient lived after that dose.
That’s an insane jump. Unimaginable to me to make. I mean with recent proof of a verified working IV and 200mcg bolus that did not relieve si/sxs of discomfort, I can see doubling the dose again. But 10x is nuts. But if the patient didn’t pass inside of 10min I don’t see how you can say it was murder.

Maybe it was reckless attempted manslaughter…..

Or maybe this hospital was buying garbage fentanyl. The whole case is weird.
 
That’s an insane jump. Unimaginable to me to make. I mean with recent proof of a verified working IV and 200mcg bolus that did not relieve si/sxs of discomfort, I can see doubling the dose again. But 10x is nuts. But if the patient didn’t pass inside of 10min I don’t see how you can say it was murder.

Maybe it was reckless attempted manslaughter…..

Or maybe this hospital was buying garbage fentanyl. The whole case is weird.
Agree about the jump to 2,000mcg dose.

But even just doubling 200mcg to 400mcg (which seems reasonable with this patient), that wouldve been very close to triggering a murder charge according to their investigation since he was initially charged with any 500+ mcg dose.
 
That’s an insane jump. Unimaginable to me to make. I mean with recent proof of a verified working IV and 200mcg bolus that did not relieve si/sxs of discomfort, I can see doubling the dose again. But 10x is nuts. But if the patient didn’t pass inside of 10min I don’t see how you can say it was murder.

Maybe it was reckless attempted manslaughter…..

Or maybe this hospital was buying garbage fentanyl. The whole case is weird.
I can understand the possible mindset. "Hey, we've doubled the dose of fentanyl 3 times with no/minimal relief in a patient that's already dying why not go for a dose that I know will relieve their pain? After all, we've spent 3 hours not relieving their pain."
 
Agree about the jump to 2,000mcg dose.

But even just doubling 200mcg to 400mcg (which seems reasonable with this patient), that wouldve been very close to triggering a murder charge according to their investigation since he was initially charged with any 500+ mcg dose.

100%. Which is my admittedly poor slippery slope argument that if precedent is set opens us all up to arbitrary “scary number” offenses.

But rapid titration by doubling doses, and documenting well would keep you inside of “standard of care” I imagine so there’s at least a layer of protection there.
 
I can understand the possible mindset. "Hey, we've doubled the dose of fentanyl 3 times with no/minimal relief in a patient that's already dying why not go for a dose that I know will relieve their pain? After all, we've spent 3 hours not relieving their pain."

I can understand the thinking, I can understand the goal, and therefore I think you have to allow for that being his intent.

It’s still a stupid, professional and maybe legally reckless choice.

But also, if they have more cases like that where multiple attempts at the “usual” doses were used and failed, and the patient is suffering (or appearing to suffer), saying (or legislating) any elevation above a set dose seems to me to be closer to hospital or law dictated torture than giving 1000mcgs is to murder.
 
Who is the jury going to identify with and sympathize with the most:

The highly educated, professional, the doctor?

Or the sad, aggrieved, heartbroken family members of the dead?
 
did the prosecution even offer up a motive? ive watched and listened to a majority of the trial and I can't recall one. I didn't even hear one in the closing argument when they have liberties to offer opinions. I could have missed it though.
Is it reasonable to assume that a doctor saved many of these patients' lives initially (urgently intubating, coding, optimizing treatment / vasopressors, etc), only to brazenly and openly kill them with intent, many times after other doctors declared efforts futile?
 
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