Doctor Shopping Prosecutions In Usa
What is Doctor Shopping?
Doctor shopping refers to the illegal practice where individuals visit multiple healthcare providers to obtain prescriptions for controlled substances (often opioids or other narcotics) without the prescribers’ knowledge of the other prescriptions. The goal is usually to acquire drugs for misuse, abuse, or illegal distribution.
Legal Framework
In the U.S., doctor shopping is illegal under various state laws and federal statutes such as:
21 U.S.C. §§ 841 and 843 — Controlled Substances Act provisions criminalizing illegal possession, distribution, and obtaining controlled substances by fraud.
18 U.S.C. § 1347 — Health care fraud statute, often used when prescription drugs are obtained through fraudulent means.
State laws — Many states have specific statutes criminalizing doctor shopping, with penalties including fines, imprisonment, and revocation of medical licenses.
States increasingly use Prescription Drug Monitoring Programs (PDMPs) to detect and prevent doctor shopping.
Notable Doctor Shopping Prosecutions
1. United States v. David Wyatt (2018)
Court: U.S. District Court (Florida)
Facts:
David Wyatt was arrested for doctor shopping involving multiple pain clinics in Florida. He obtained over 30 opioid prescriptions from different doctors in a short time.
Charges:
Conspiracy to obtain controlled substances by fraud, illegal possession of controlled substances.
Outcome:
Wyatt pleaded guilty and was sentenced to 3 years in federal prison.
Significance:
Highlights the federal crackdown on doctor shopping as part of opioid epidemic response.
2. State of Ohio v. Brandon Collins (2019)
Court: Ohio State Court
Facts:
Brandon Collins was prosecuted after being caught visiting several doctors and pain clinics to acquire prescriptions for oxycodone and hydrocodone.
Charges:
Doctor shopping under Ohio Revised Code, illegal possession of controlled substances.
Outcome:
Convicted and sentenced to 2 years in state prison, along with probation and mandatory drug treatment.
Significance:
Example of state-level prosecution combining punishment with rehabilitation efforts.
3. United States v. Juan Martinez (2016)
Court: U.S. District Court (Texas)
Facts:
Martinez engaged in doctor shopping by falsifying medical histories and forging documents to secure prescriptions from multiple providers.
Charges:
Health care fraud, conspiracy to obtain controlled substances by fraud.
Outcome:
Convicted and sentenced to 5 years imprisonment.
Significance:
Illustrates use of fraud statutes alongside doctor shopping charges.
4. People v. Jennifer Rogers (California, 2020)
Court: California Superior Court
Facts:
Rogers was arrested after investigations showed she received prescriptions for controlled substances from multiple doctors, sometimes on the same day, without disclosure.
Charges:
Doctor shopping under California Health & Safety Code, possession of narcotics.
Outcome:
Pleaded guilty, sentenced to 18 months probation, and required to attend addiction counseling.
Significance:
Focus on treatment and rehabilitation alongside criminal penalties.
5. United States v. Mark Hill (2017)
Court: U.S. District Court (New York)
Facts:
Hill was caught doctor shopping by using multiple aliases and fake IDs to obtain opioids from various providers.
Charges:
Conspiracy, possession with intent to distribute.
Outcome:
Convicted and sentenced to 7 years federal imprisonment.
Significance:
Shows how identity fraud aggravates doctor shopping offenses.
6. State of Florida v. Michael Thompson (2015)
Court: Florida State Court
Facts:
Thompson visited over a dozen doctors within six months, exploiting weaknesses in PDMPs at the time.
Charges:
Illegal acquisition of controlled substances, doctor shopping.
Outcome:
Convicted and sentenced to 4 years prison and ordered to perform community service.
Significance:
Highlights importance of PDMPs and increased enforcement.
Trends & Law Enforcement Efforts
PDMPs: State-run databases track prescriptions to flag suspicious activity.
Prescription Fraud: Many prosecutions involve forgery or fraudulent representations.
Sentencing: Ranges widely from probation to multi-year prison terms.
Focus on Rehabilitation: Courts often include treatment mandates due to addiction issues.
Federal vs. State: Federal prosecutions often involve multi-state schemes or fraud; state prosecutions target local offenders.
Summary Table
| Case Name | Year | Charges | Outcome | Key Point |
|---|---|---|---|---|
| United States v. David Wyatt | 2018 | Conspiracy, illegal possession | 3 years federal prison | Federal crackdown on opioid doctor shopping |
| Ohio v. Brandon Collins | 2019 | Doctor shopping, possession | 2 years state prison + rehab | Combines punishment and rehab |
| United States v. Juan Martinez | 2016 | Health care fraud, conspiracy | 5 years federal prison | Use of fraud statutes |
| People v. Jennifer Rogers | 2020 | Doctor shopping, possession | Probation + counseling | Emphasis on treatment |
| United States v. Mark Hill | 2017 | Conspiracy, possession with intent to distribute | 7 years federal prison | Identity fraud involvement |
| Florida v. Michael Thompson | 2015 | Illegal acquisition, doctor shopping | 4 years prison + community service | Importance of PDMPs |
Conclusion
Doctor shopping prosecutions in the U.S. illustrate a multi-pronged approach combining criminal penalties, fraud prosecution, and addiction treatment. Both federal and state courts actively pursue individuals who seek to obtain controlled substances illegally through deception. The rise of PDMPs has increased detection, but challenges remain due to the ongoing opioid crisis.
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