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Azmat also had some awareness of the clinic’s unusual marketing tactics, believed that the patients paid in cash, knew that he did not have the proper medical malpractice insurance, and accepted his salary in daily cash installments. Azmat diagnosed a heart murmur and advised him to see a cardiologist. In United States v. Kennedy stated that it is “impossible” to diagnose a “chronic patient” without 1 reviewing the patient’s medical history and treatment records, and 2 conducting a physical examination. Kennedy, then, did not testify that it would always be inappropriate to prescribe pain medication when an MRI is the only objective measure of a patient’s pain. LeFrancois stated that, until October , clinics in Florida could dispense 28 days’ worth of medication at one time.

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Simopoulos stated that there was no evidence of addictive patient behavior in Dr. All of the witnesses with medical backgrounds also testified that there asmat an abundance of red flags that should have tipped off any doctor that his patients were seeking pills. He simply asked them about their pain or prescription history before writing them a new script. At trial, the district court also did not abuse its discretion in admitting Dr.

Search for hotels in. Click on the case name to see the full text of the citing case.

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Ross stated that she was sensitive to “drug seekers” based on her amzat experiences working in an emergency room. When completed, simply click the link below. Simopoulos’s conclusion that Dr. Furthermore, many of the patients who received oxycodone tested azmst for oxycodone at the time of their examination.

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At sentencing, the government then requested a sentence of months, the top end of that range. The admissibility of an expert’s testimony is controlled by Fed.

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Azmat’s final claim necessarily fails, as there can be no cumulative error where there are jame individual errors. We review the sufficiency of the evidence de novo when, as here, the defendant has preserved his claim by moving for a judgment of acquittal. Agent Palmer stated that Dr. Kennedy azmta on in reaching the conclusions presented in his expert worksheets.

Kennedy relied on published sources generally accepted by the medical community in defining the applicable standard of care. LeFrancois stated that, until Octoberclinics in Florida could dispense 28 days’ worth of medication at one time.

Azmat also had some awareness of the clinic’s unusual marketing tactics, believed that the patients paid in cash, knew that he did not have the proper medical malpractice insurance, and accepted his salary in daily cash installments. Simopoulos also described several approaches, other than medication, that pain management doctors use to treat chronic pain patients. As a threshold issue, Dr.

Therefore, when the patients self-reported the amount of narcotics their previous doctors had prescribed, there was no way for Dr. Based on the drug amounts prescribed by Dr. If prescribing a controlled substance is necessary, the physician must discuss with aznat patient the risks and benefits of the drug.

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One obvious flaw in this argument is that the term “deliver” also appears in the definition of “distribution. The totality of this evidence was more than sufficient for the jury to determine that Dr. Azmat accountable for all of the hydrocodone, oxycodone, and Xanax that he personally prescribed while he was at the Center.

Azmat was aware that East Health Center was a pill mill and knowingly entered the conspiracy to dispense controlled substances, as evidenced by his unprofessional interactions with the patients and unwarranted prescriptions for opioids. The government did not have to prove that Dr.

Azmat’s interpretation would compel us to conclude that “delivery,” as used in the offense of unlawful “distribution,” does not include writing a prescription, either.

Azmat told LeFrancois that he had experience in a pain management facility, held multiple DEA licenses, and would be able to “take care of everything. The reservation system is secure and your 3c information and credit card is encrypted.

U.S. v. AZMAT

LeFrancois testified that he and Dr. On the other hand, Dr. Azmat advances a statutory interpretation argument, contending that his writing prescriptions, even if for illegal purposes, did not constitute “dispensing” them under 21 U. Azmat’s examinations were brief and sometimes involved no physical component.