Martinez Has Another Day in Court

Dr. Rosa Martinez Case Has Another Day in Court - Leah Beth Ward; Yakima Herald-Republic; 2007-12-30. Source.

[Discuss the Martinez case on the Chronic Pain Forums]

See also:
USA v Dr. Martinez goes to Jury - Martinez Wins Drug Charges - DeLuca; 2007
and,
Medical Guidelines are not Prosecutorial Tools - DeLuca; 2007

Yakima physician Dr. Rosa Martinez is fighting for her professional life over her decisions to treat patients for chronic, noncancer pain with a combination of narcotics and other medications. Many of them, Martinez has said, were sick with multiple diseases, and some had documented substance abuse problems.

Earlier this month, a federal jury in Yakima found her not guilty on four of six counts on charges of illegally distributing prescription narcotics. The jury couldn’t reach a verdict on the other drug charges. She was found guilty on eight of 13 counts of health care fraud related to her billing practices. Her lawyer has filed a motion for either a new trial or acquittal on the guilty charges.

Last summer, the Medical Quality Assurance Commission found that Martinez practiced “below the standard of care” in the case of five patients, creating an unreasonable risk those patients would be harmed. The investigation found that she didn’t monitor her patients while they were taking narcotics with urine or blood tests, and failed to develop a “pain-management contract” designed to control their use of prescription narcotics.

The commission issued an order to suspend her license, but Martinez won a temporary stay in Yakima County Superior Court. A hearing will be held Jan. 16 before Judge James Lust on whether that stay should be continued as she appeals the suspension.

Martinez has become something of a cause celebre among those who advocate for people with chronic, non-malignant pain. Dr. Alexander DeLuca, a New York City-based consultant, testified on her behalf during the trial, describing her as a compassionate and thorough physician who handled some of the most complicated patient cases a doctor could see.

“It was an honor to serve in Dr. Rosa Martinez’s defense,” DeLuca wrote on a blog called War on Doctors/Pain Crisis, run by the Pain Relief Network. The network is a nonprofit organization founded by a woman whose husband died when he couldn’t get treatment for pain.

One of the biggest obstacles to treating chronic, noncancer pain, according to the Federation of State Medical Boards, is “fear among physicians that they will be investigated, or even arrested, for prescribing controlled substances.”

In 2002, the U.S. Drug Enforcement Administration began aggressively pursuing doctors suspected of illegally diverting prescription narcotics.

Washington state got tougher too. Between 2005 and 2007, the state disciplined 11 doctors and physician assistants for prescribing violations. In the previous two-year period, only two were disciplined.

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