Benoit's doctor to face additional federal criminal charges
The U.S. Attorney's Office in Atlanta, Georgia confirmed today that Dr. Phil Astin will likely face additional criminal charges in federal court for over-prescribing testosterone to Chris Benoit, the pro wrestler who killed himself, his wife and young son earlier this year in Fayetteville, Georgia.
The Atlanta Journal Constitution has the details.
Dr. Astin was already under a federal indictment due to an alleged "excessive" number of prescriptions he wrote while practicing medicine in Carrollton, Georgia. The criminal case is currently pending in federal court. Dr. Astin's former defense lawyer had challenged the basis for the search warrant that led to the seizure of his file and patient records. No word on when the court will rule on that challenge. (Usually, it takes several months. First, the magistrate judge issues a "report and recommendation" that goes to the district judge. That judge then evaluates the report and makes the final decision.)
This is not the first time federal prosecutors in Atlanta have challenged a physician's decision about prescribing medications. I am currently representing a well-respected physician who is being charged with authorizing certain medications to be prescribed over the internet for patients with obesity problems or erectile dysfunction. That case is scheduled to go to trial in December. The government's theory is that the doctors (there are several being charged) should not have authorized medications to people based on medical histories and other information they provided over the internet. At the time, however, there were no federal laws preventing such prescriptions, and the American Medical Association had not yet developed a position on that practice. Our position is that a doctor should not be held criminally liable for what is basically a medical decision. We'll see what happens in December.
As for Dr. Astin, I am not representing him, so I do not know all the facts of his case. To me, it appears that the government is trying to do the same thing to him - turn some questionable medical decisions into federal crimes. Not sure how his case will turn out, but it may set a precedent for prosecuting doctors for being negligent in their practice. Being negligent used to mean a trip to the state medical board, now it may mean a trip to the pokey.
