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Hurwitz Trial Update
Tuesday, December 7, 2004

by Frank Fisher, M.D. for the Pain Relief Network; 12/7/2004. Originally posted: 12/7/2004; [www.doctordeluca.com/Library/WOD/HurwitzUpdate041207.htm].

Friends,

Most of today was taken up by an aggressive cross-examination of Dr. Hurwitz, by Gene Rossi. Dr. Hurwitz held his position well. It remained clear that his intentions were always to help his patients, and never to engage in any sort of criminal activity.

Drs. Hill and Stinson finished the day by testifying that all of the prescriptions found in the criminal charges were were reasonable, for a legitimate medical purpose, and well within the bounds of medical practice.

Cross-examination of these experts focused on the circumstances under which it would be criminal for a physician to issue a prescription for opioid analgesics. The government took the position that prescriptions should not be issued if there exists SUSPICION that they could be diverted. The consensus among defense experts was that a physician should not prescribe when he ABSOLUTELY knows that the drugs will be diverted. Clearly, there exists a conflict around a physicians responsibilities in regard to the notion of the principle of balance.

Closing arguments begin tomorrow at 12:30 PM.
 

-- Frank (Frank Fisher, M.D.)

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