Fighting Philadelphia Physician Drug Trafficking and Overprescribing Accusations

Fighting Philadelphia Physician Drug Trafficking and Overprescribing Accusations

Challenging the Investigation

Law enforcement often relies on questionable investigative tactics when targeting physicians. For example, they may use confidential informants who have incentives to lie about doctor’s actions. Or investigators could obtain evidence through illegal searches or seizures. An experienced defense attorney will thoroughly review the investigation to identify any constitutional violations or unreliable witnesses. Suppressing illegally obtained evidence or discrediting untrustworthy informants can completely undermine the prosecution’s case.

Asserting Medical Necessity

The key to defending overprescribing allegations is demonstrating the prescriptions served a legitimate medical purpose. The defense attorney can retain expert witnesses to review the doctor’s files and explain why the medications were medically appropriate for the patients’ conditions. Even if the prescriptions seem excessive by today’s standards, experts can justify them based on the medical knowledge available at the time.

Presenting evidence of medical necessity shows the doctor acted in good faith in caring for patients. It also shifts blame to the larger institutions that enabled liberal opioid prescribing. Juries may be sympathetic to a doctor who got caught up in the system but tried to help patients manage pain.

Highlighting Lack of Criminal Intent

For prosecutors to prove drug trafficking or overprescribing charges, they must establish the physician knowingly acted outside the scope of medical practice. However, many doctors facing accusations sincerely believed they were prescribing appropriately at the time.

The defense strategy should emphasize the doctor’s good intentions and ignorance regarding allegations of improper prescribing. This lawful intent argument is especially compelling when combined with evidence the prescriptions served a medical purpose. It is also effective at countering accusations that the doctor’s actions contributed to overdoses or deaths. If the prescriptions were medically justified, the doctor cannot be blamed for unforeseeable consequences.

Negotiating Diversion Programs

Fighting the allegations at trial carries risks, even when the doctor has strong defenses. An alternative is seeking a diversion program that avoids a criminal conviction. These programs allow physicians to continue practicing medicine under monitoring and education requirements.

Potential diversion programs include:

• Pennsylvania Physician Drug Rehabilitation Program: Allows impaired physicians to get treatment and return to practice under supervision.
• Drug court: Dismisses charges after completing substance abuse treatment.
• Accelerated Rehabilitative Disposition: Probation and treatment program resulting in dismissal of charges.

Diversion preserves the doctor’s career and avoids the consequences of a conviction. Prosecutors may agree to a diversion program if the evidence of criminal intent is weak.

Fighting License Suspensions

Even if a doctor avoids criminal charges, the medical board may still seek to suspend or revoke their license over prescribing concerns. Doctors have a right to contest any board disciplinary actions through administrative hearings.

The physician can raise similar arguments about medical necessity and lack of intent at the licensing hearing. Doctors may also cite successful completion of a diversion program as proof they do not pose a public safety risk. Licensing boards often focus on rehabilitation rather than punishment. With an experienced administrative law attorney, doctors can frequently negotiate probation or practice restrictions instead of losing their license.

Selecting the Right Lawyer

Fighting trafficking or overprescribing allegations requires an attorney experienced in defending complex white collar cases. They must understand the intricacies of challenging the investigation, asserting medical necessity defenses, and negotiating alternative programs. It is also helpful to have a lawyer familiar with representing physicians before medical boards.

When selecting counsel, doctors should ask about the lawyer’s specific experience with prescription drug cases and physician clients. Doctors should also confirm the attorney has sufficient resources to retain expert witnesses and thoroughly litigate the case if necessary. The right lawyer can mean the difference between saving or losing a medical career.

The Outlook for Physicians

The current anti-opioid climate means doctors face immense pressure when prescribing controlled substances. But physicians still have protections from unfounded allegations and overzealous prosecutions. With an experienced legal team, doctors can avoid criminal convictions and license suspensions – even when questionable prescribing is alleged.

Doctors facing trafficking or overprescribing accusations should remember that many physicians prevailed in similar circumstances. There are effective strategies for asserting medical necessity, challenging procedural violations, and obtaining diversion programs. While the allegations can seem daunting, experienced counsel can guide doctors through the investigative, criminal, and licensing processes – and preserve their practices.