Tuesday, July 10, 2007

Prosecuted For A Clerical Error

A case of a vindictive prosecution by the superfluous DEA. This must be what they do what they aren't throwing flash bangs into houses of the elderly. The NY Times summaries the frightening implication for doctors here.
No matter what you have learned in medical school, if you are prescribing opioids in doses that seems high to narcotics agents and prosecutors, you are at risk of a trial. And once you enter the courtroom, anything can happen.

At the first trial, Dr. Hurwitz was convicted of writing prescriptions that caused bodily injury, crimes that carried a mandatory minimum sentence of 20 years. At the retrial, the judge dismissed the charges for the very good reason that there was no proof the prescriptions actually caused the injuries.
...
I wouldn't feel safe until doctors' prescribing practices are judged by state medical boards, as they were until the D.E.A. and federal prosecutors started using criminal courts to regulate medicine.

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