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Chilling conviction
Washington Times ^ | Sunday, December 26, 2004 | By Jacob Sullum

Posted on 12/26/2004 12:52:29 AM PST by JohnHuang2

I have to admit I'm impressed by the achievement of the federal prosecutors who call McLean, Va., pain doctor William Hurwitz "a major and deadly drug dealer." Though the evidence at his trial made it clear Dr. Hurwitz was not a drug trafficker, they still managed to get him convicted.

The prosecutors did not dispute Dr. Hurwitz had helped hundreds of patients recover their lives by prescribing the high doses of opioids they needed to control their chronic pain. Instead they pointed to the small minority of his patients -- 5 to 10 percent, by his attorneys' estimate -- who misused the drugs, sold them illicitly, or both.

The prosecutors did not claim Hurwitz, who could receive a life sentence, got even a dime from illegal drug sales. Instead they cited his physician income, which they said was boosted by fees from patients faking or exaggerating their pain.

The prosecutors did not allege Dr. Hurwitz had any explicit arrangement with those patients. Instead they described a "conspiracy of silence," carried out by "a wink and a nod."

The evidence was, unsurprisingly, ambiguous at best, with plenty of room for reasonable doubt. Yet prosecutors got the jury to overlook their case's obvious weaknesses and convict Hurwitz, in essence, of trusting his patients too much.

(Excerpt) Read more at washtimes.com ...


TOPICS: Editorial; News/Current Events; US: Virginia
KEYWORDS: chilling; conviction; corrupt; da; dea; govwatch; healthcare; nazi; pain; paincare; williamhurwitz; wodlist

1 posted on 12/26/2004 12:52:29 AM PST by JohnHuang2
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To: JohnHuang2

Any one who thinks the American justice system still protects the innocent had better read this article. You can do nothing wrong and still go to prison if some overambitious prosecutor decides it fits some felony he's read about. Beware absolute power that corrupts and corrupts absolutely.


2 posted on 12/26/2004 1:11:11 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: JohnHuang2

So no prescribing the high doses of opioids they needed to control their chronic pain. So we need to train Doctors how to euthanize since we don't care about people suffering.


3 posted on 12/26/2004 1:52:24 AM PST by cfhBAMA (Alabama Republican Party)
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To: JohnHuang2

It is now a few hours past Christmas Day, so I can perhaps be forgiven if I wish both prosecutor and jurors a long life; the majority of it suffering unremitting, chronic pain that is exactly one prescription away from relief.


4 posted on 12/26/2004 1:54:54 AM PST by barkeep
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To: JohnHuang2

What test can a doctor order that measures the amount of pain a patient is experiencing? I think he has to go by what his patient says he/she is feeling.


5 posted on 12/26/2004 2:02:14 AM PST by gitmo (Thanks, Mel. I needed that.)
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To: gitmo

If you can find a copy of U.S. News & WORLD REPORT, March 17, 1997. No Excuse For PAIN. Doctors have the means at hand to relive suffering of millions of Americans. Why aren't they doing it? It is the best I have ever read on this subject.


6 posted on 12/26/2004 2:22:51 AM PST by cfhBAMA (Alabama Republican Party)
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To: gitmo


I do not know enough about this doctor to form a considered opinion, but it did remind me of the drug overdose death of Elvis Presley. The amount of prescription drugs that Elvis had been given by his doctor was nothing short of stunning. I have always thought that Col. Parker and Elvis' doctor should have been tried for murder. These two parasites manipulated, exploited, and drugged Elvis into an early and disgraceful death.

One of the most talented singers ever born, and now Elvis is most often just a punchline in bad jokes. That's just a shame.


7 posted on 12/26/2004 8:06:29 AM PST by ishabibble (A Very Merry Christmas to All...Thanks, Salvation Army!)
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To: gitmo

"What test can a doctor order that measures the amount of pain a patient is experiencing? I think he has to go by what his patient says he/she is feeling."

There are psychological tests that help differentiate between real pain and that of the psychosomatic variety. I'm not suggesting the tests are fool-proof. I am suggesting that they are helpful in combination with complete work-ups, appropriate testing, et al.
In order to protect themselves, responsible physicians who treat pain also know how to construct savvy questions that serve the same purpose. And/or, the questions are such that it's possible for a patient "to flunk" a given ailment or condition based upon the answer(s) they give. When that occurs, patients land squarely in drug-seeking behavior land.





8 posted on 12/26/2004 3:04:57 PM PST by Rightfootforward
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To: JohnHuang2

thejudge,D.A.,and A.D.A that are respocible for this travisty need to be impeached now and then charged with 1st degree premeditated murder if any of this doctors patients commit suicide becasue the pain becomes to much for them. You know darn well no doctor in the state will take them on as patients now not after this b.s.This is a goverment sanctioned kidnapping as far as I am concerned.The man is clearly innocent of everything except failure to pay a large bribe to corrupt goveremnt officials in a timely manner.


9 posted on 12/26/2004 3:06:50 PM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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To: robertpaulsen

heres agood one for you.The d.a. even admitted that these patients need more then 100 mg of asprin to cure thier chronic pain.Would you in your small goveremnt conservative compassion ALLOW these people to smoke medical marijuana?T hey cannot get thier prescription painkillers anymore becasue your ideological twin brother had thier doctor arrested so he can run for higher office as a tough on made up crime drug warrior.


10 posted on 12/26/2004 3:22:52 PM PST by freepatriot32 (http://chonlalonde.blogspot.com)
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