Posted on 02/29/2008 3:34:41 PM PST by SmithL
WICHITA, Kan.A federal judge on Friday denied a request by a patient-advocacy group to sue the federal government on behalf of patients of a physician who is charged with running a "pill mill" linked to 56 overdose deaths.
U.S. District Judge Wesley Brown urged about 40 of Dr. Stephen Schneider's patients, some of whom had come to the hearing on crutches, to seek care at the emergency room, not the court.
"If someone can prevent a criminal prosecution by filing a civil suit, there would be a flood of civil suits," Brown told the courtroom.
The judge said the patients had no standing to sue, and he refused to grant a request by the advocacy group for a temporary restraining order preventing the Justice Department from taking action against Schneider's clinic.
The Pain Relief Network, a nonprofit based in New Mexico, sued the Justice Department and the state earlier this month, claiming the clinic's 1,000 patients have been unable to find adequate care since Schneider's license was suspended in January.
Schneider, who is jailed without bond, faces 34 federal charges, including four counts of unlawful distribution of a controlled substance resulting in death. The Pain Relief Network filed the lawsuit on behalf of his patients.
Siobhan Reynolds, president of the group, said the judge did not take into account affidavits from patients who complained they could not find adequate care.
"Unfortunately it is yet another example of government at any level not acknowledging people in pain," Reynolds said.
(Excerpt) Read more at contracostatimes.com ...
Actually, your conclusion is the ‘only’ correct answer! In reality (as opposed to the ‘Utopian’ lawyer welfare program we’re converging on), ‘government’ doctors, like those at the VA, now tend to be smarter and more dedicated to their profession than the private practice doctors. Doctors at the VA can concentrate on diagnosis, where doctors in private practice must be Rhodes Scholars in ‘the LAW’, malpractice insurance and Insurance in general, ‘patients RIGHTS’, etc, ie, everything but the HEALTH of the patient.
Oh, and we can thank John Edwards for that scenario, too!
Note the key problem is that the 'government' shut down the clinic! not that the good doctor (the exception that proves the rule), was arrested. Had the arrest been done properly, the clinic would still be in operation. Ya gotta wonder which of the 1,000 good patients' insurance company was using a shyster instead of a lawyer!
Oh, and it looks like 8 patients are carrying the ball in this game, not 1,000s! Pain Relief Network civil lawsuit
I believe the government should not be given special consideration in such matters. However I believe it would be far more effective to sue the individual bureaucrats and civil service involved. I know they would scream “not fair” but I believe that one reason the government operates so poorly especially in the area of social services is because there is not incentive to quality and there is no real risk for bad decisions and no recourse for the victims of government mistakes.
A good question I’ve always wondered is why state and federal tax collectors don’t have to follow the same laws that other debt collectors do? There is no credible reason why they shouldn’t be governed by the same laws especially if those who claim to be advocates of the “little man” really believe their rhetoric which by their own demonstration of indifference to property and wealth seizure from those who in medical or financial crisis proves their goal is not the satisfying of the interest of the citizen but their interest in growing and protecting government power.
I don’t know about you guys, but I’d just as soon my taxes DIDN’T pay for some nutter over-medicating to the point of suicide. What a crock! (Thank goodness for that judge.)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.