Understanding the legal process in America is not easy, and I do not envy the attorneys who try to defend doctors in court. I do envy them for their protections. Lawyers, for the most part, as elected members of Congress, create our laws. Others, also for the most part lawyers, are selected to be U.S. Attorneys, and they enforce those laws. Lawyers called judges control our courtrooms. Almost all of …
A doctor’s letter from a federal prison
The United States federal government is a single entity, despite its three equal branches having more heads than a hydra and more arms than Mahakali. One part of that federal government is not supposed to create and propagate standards that another part arrests you for following, as confirmed by the U.S. Supreme Court in Gonzales v. Oregon. When it comes to the criminalization of medicine by the DEA and other …
The shocking truth behind the DEA’s role in America’s pain crisis and doctor prosecutions
The true definition of criminal behavior has always been problematic. Are we criminals because we break the law or because we have been convicted? Famous and revered people throughout history have clearly broken the law but are almost never defined as criminals. All the founding fathers of the United States self-admittedly committed treason against the crown, a capital offense. In contrast, others, like Stalin and Hitler, had every legal right …
Today, in America, if you are suffering from certain medical conditions, physicians are being taught that you cannot be trusted or even treated. This results from a decade of law enforcement targeting physicians, pharmacists, and nurse practitioners for making medical judgment calls the police don’t agree with when it comes to the treatment of certain conditions. I use the term “police” here to include federal agencies, knowing that, while policing …
Why good doctors are being jailed—and what it means for you
A million vulnerable patients have died in the last decade, and while I have no doubt the rate of overdose and poisoning will drop nationwide—killing a million vulnerable patients has that effect eventually—I choose not to contribute to that death rate. This decision is in accordance with my deeply held beliefs. In 2014, Governor Asa Hutchinson signed the Arkansas Conscience Protection Act into law, supposedly protecting health care professionals who …
Medical crisis or government overreach: How misguided policies are destroying lives
The world is benefited by a variety of human beings. Almost everyone can contribute greatly to our societies, no matter what their personal drives. Even the selfish and hate-filled can give us people like Henry Ford, the antisemitic supporter of Hitler who had union organizers beaten, but also doubled the standard wage for his workers and gave us the assembly line, standardized production, and vertical integration. His closest parallel today …
The choice between integrity and power in a world of chaos
I have a problem with some of the continuing medical education courses offered by large health care institutions, even those like Harvard and Mayo, which have outstanding reputations for evidence-based medicine. That’s because what they teach, although scientifically sound and in line with the Department of Health and Human Services and CDC recommendations, can get you prosecuted and convicted by the DEA. If you get targeted for practicing the way …
Doctors beware: the hidden legal risks of following CME guidelines
In the state of New York (you already know it’s going to be bad), a doctor and a pharmacist were arrested in a sting operation conducted by a joint task force of the DEA, FBI, IRS, and probably CIA and CBS, though I have no proof of the latter two. The doctor, Mordechai Bar, and the pharmacist, Feroze Nazirbage, have been accused of “violating their oaths,” something you almost never …
Doctors under fire: Is the DEA turning them into drug dealers?
Australia is a very beautiful and unique place. I first went to Sydney in 1996 to present some research I had accomplished together with a much more brilliant and capable research physician. I was able to ride the monorail, now gone I’m told, and travel to the Outback, or at least the edge of it. My wife and the two oldest still at home at that time went there a …
How Australia’s deadliest creatures and groundbreaking medicine make it unique
When it comes to science and medicine, knowing where you are and where you want to go is only part of the problem. That’s because no matter how strictly you try to control your system, chaos theory dictates that there will be perturbations which, if not corrected for, will lead you far astray. Trying to stay on course in a dynamic environment has been a problem since humanity began traveling …
A strategic approach for leveraging Lyapunov functions in health care artificial intelligence
In most physician prosecutions for treating pain or addiction, there is never any actual evidence of criminal intent. Just the nebulous argument that a doctor “ignored the risk of overdose,” “ignored the risk of addiction,” or performed “an insufficient medical exam.” I have a big problem with these because the doctor didn’t ignore anything in about 80 percent of the cases I evaluated. Indeed, the DEA had to lie to …
A true win for the DEA and society at large
A doctor in Virginia named Joel Smithers was serving a 40-year sentence in an Atlanta prison when he won his appeal to the 4th Circuit. No, he didn’t shoot someone. That’s probably 25 years. He treated patients in pain. Now, he will get a new trial where he will be bludgeoned again with false metrics and innuendo. To ensure that the benefit of the doubt prevails, a Reuters article starts …
From conviction to appeal: a doctor’s opioid case sparks debate
Expert witness testimony is critical to the pursuit of justice. There are always arcane matters that the general public and even many otherwise knowledgeable people don’t understand. That makes it impossible for a judge or jury to come to an evidence-based decision without an expert clarifying and explaining the basics of the science behind the situation. This started with forensics and got off to a bad start with bite mark …
The unseen dangers of faulty expert witness testimony
This is a strange time in America. While tools for treating pain and addiction, unchanged essentially from the late 1800s to the early 2000s, are now being developed, daring to try to utilize these medications and the science we have learned about them can be a huge risk. Not for the patient but for the doctor. There is a stigma that has always been attached to these areas of medicine, …
Why doctors risk jail time to treat pain and addiction
Unlike almost every other industrialized nation on Earth, independent American physicians running their own clinics must all be entrepreneurs. Unlike all other businesses, however, there are special rules related to the business side of U.S. medical practice. These are exemplified by the Stark laws. Aptly named, these strict provisions forbid doctors from engaging in what is called physician self-referral.
Doctors are required to avoid referring patients to entities in which they …
Physicians have a blind spot that makes them prone to fraud charges
Drug use has a complicated history in the Western World. Not quite two hundred years ago, starting in the Fall of 1839, Britain attacked the nation of China for having the audacity to ban an addictive substance, opium, that the British were selling to the Chinese people. Opiate addiction was rampant in China at the time, and the emperor had issued a prohibition on the drug. Britain destroyed much …
Opium wars to fentanyl crisis: a history of drug conflicts
In one of my favorite movies, Star Trek IV: The Voyage Home, the original crew of the Enterprise has traveled through time, back to the, to them ancient, city of San Francisco circa the 1980s. It’s all about Earth whales and alien cetaceans being none too pleased that we killed them all … And Klingons, of course. There must be Klingons. But what stuck in my young mind at the …
CRISPR and eEVs in the fight against chronic diseases
Today, in China, if you walk across the street where you are not supposed to, expect a ticket to arrive in the mail. Somehow. Out of all the faces in China. An AI-monitored camera will see you and report your crime to the authorities. Lately, these fines have been coming almost instantly by text message. This is not just about pedestrian safety, though that will be the …
AI-powered surveillance in China and the U.S.
Memorial Day just passed, and I reflected on those in my extended family who were lost in battle. My stepfather’s two brothers, whose names are carved in the World War II monument of a nearby small town, are most prominent in my mind. If I remember correctly, one died in Germany and the other in the Pacific. My stepdad was so affected by the loss of his older brothers that …
From WWII to chronic pain: a family’s legacy of courage and sacrifice
I have been writing for a while about how the DEA will run out of targets for opioid prosecutions because most doctors are too terrified to treat pain, and now it looks like it has happened. Three doctors in Tennessee were recently convicted of prescribing controlled medications “outside the usual practice of medicine” and “not for a legitimate medical purpose.” The interesting thing is that these doctors weren’t treating pain; …
The DEA’s latest targets: doctors treating addiction instead of pain
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