PROFESSIONFlorida physician guilty of manslaughter in OxyContin caseAs word of the verdict in the OxyContin-related case spreads, experts worry doctors will shy away from pain management.By Tanya Albert, amednews staff. March 11, 2002. This isn't your father's traditional medical malpractice trial. In the first decade of the new millennium, a small but increasing number of physicians are finding themselves charged criminally for the decisions they made in the exam room. Last month, James F. Graves, MD, a Pace, Fla., pain management specialist, became the first doctor found guilty by a jury of manslaughter in connection with the OxyContin prescribing decisions he made. He is one of several doctors who have faced criminal charges in connection with OxyContin prescriptions. "Every one of these headlines probably makes 10,000 doctors wish they had gone to law school," said B. Eliot Cole, MD, continuing medical education director at the American Academy of Pain Management. Dr. Graves argued that he followed medical protocols and legitimately prescribed OxyContin and other pain medication to patients he saw in his office. If patients would have taken the medications as prescribed, they would not have died, he argued. But Florida prosecutors charged that Dr. Graves recklessly wrote prescriptions to anyone willing to pay for an office visit without asking the proper pre-prescribing questions. That, they argued, led to several deaths. The jury believed the prosecution's version of the facts and found Dr. Graves guilty of four counts of manslaughter, one count of racketeering and five counts of unlawful delivery of a controlled substance. Dr. Graves plans to appeal the verdict. But as it stands now, he faces up to 30 years in prison. Experts in pain management who have worked for years to help physicians overcome fears about the scrutiny they could face if they prescribe strong opioids now worry that physicians will shy away from writing prescriptions.
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Copyright 2002 American Medical Association. All rights reserved.
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