
Copyright © 2003 SickofDoctors.com
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On July 24, 2002 Dr. Benjamin Moore took his own life in Winston-Salem,
NC.
He had worked at a pain management clinic under investigation
by the DEA. Browbeaten into a plea-bargain he was awaiting sentencing
at the time of his death. |
Dr.
BenJamin Moore

1957
- 2002
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From
A Personal Memory of Dr. Moore
Dr. Moore became entangled in the vast web that is our legal
system and was helpless against the power, resources, and cunning
of predatory government agents. Ben started out with a vigorous
defense, but repeated DEA debriefings wore him down.
How could the American government allow these people to continue
destroying everything they touch? How could this happen in America,
and how could it happen to him? Ben was tired. His situation
was hopeless, with his career ruined beyond repair and facing
prison for crimes he never committed.
Dr. Benjamin Moore defied the United States Department of Justice,
Drug Enforcement Administration. He stood alone and they were
legion. He would have liked to warn the world, but everybody
was busy. The world appeared indifferent to truth, as it always
does until truth becomes reality. Ben knew no one was coming
to help him, but everyone wished him well.
From Dr. J.S. Hochman,
National Foundation for the Treatment
of Pain
Perhaps, Dr. Moore, we will some day present an annual award
memorialzing you, for the bravest doctor in Pain care in America.
We wish you had been braver, and not let them hound you to an
early death. But
we salute you for what you were able to do - before the curtain
fell on your hopes and dreams. God bless and God speed. May
you rest in peace and may you always be remembered by those
who loved you.
Paincare Report 2002
Dr. J.S. Hochman
I have learned many lessons in the last year. I learned that
pain patients needed to come together and make a righteous noise.
I am pleased to say it has started. Being able to express oneself,
being heard by others, making transcontinental and even international
connections, are powerful experiences for people who had lived
with their pain in isolation. Recognizing that they are part
of a constituency is an emerging phenomenon.
We discovered that in 2002 the Drug Enforcement Agency investigated
681 physicians in the United States, and brought actions against
597 of them. The data from the National Practitioners Data Bank
reveals that the number of DEA prosecutions of doctors increased
15 fold between 1996 and 1997. Obviously a campaign was begun
at that time to "get doctors".
So today we have a situation in which the DEA peruses lists
of the most frequent prescribers of controlled substances and
simply goes after the doctors at the top of the prescribing
list. With virtually inexhaustible resources, both from bloated
budgets and huge sums confiscated and seized, these agencies
can invest 1000s of hours sifting through the medical records
of targeted physicians.
Finding any omission in record-keeping or any deficiency in
clinical notes, physical examinations, or prescriptive records,
human discrepancy or omission is turned into felonious indictment.
Then helpless doctors have no alternative other than to "cop
a plea" to one or two out of 300 charges that have been thrown
at them (and lose their career in the process) or bankrupt themselves
pursuing legal defenses that often take three years to win.
During those three years they cannot practice (Boards of Medicine
suspend their licenses the moment they are indicted for a felony
- they are guilty until proven innocent) cannot earn a living,
and must sell everything they own to prove their innocence.
Connected to this I learned that there is a desperate need for
Pain Practice Liability insurance. 1000 doctors are being recruited
to begin this insurance. They will pay $150 a month to gain
$250,000 in legal defense protection. Further, they will be
protected by an in-house legal organization led by one of the
most experienced and respected attorneys in this arcane area
of the law.
Finally, an independent board of experts is being organized
to review all charges against doctors, to determine if their
practices conformed to the Standard of Care and Record Keeping
required by the contract of insurance, and whether there is
any credible evidence of criminal intent. This Board, the Professional
Advisory and Review Committee (PARC), composed of top U.S. medical
and legal experts, will put the medical profession back in charge
of reviewing medical practice (and take it back from prosecutors
and hand-picked grand juries).
The National Foundation for the Treatment of Pain, receiving
13,000 visitors to its web
site every day, intends to cause an enormous stir in
the coming year. America needs a Pain Patients Bill of Rights
and a Sane Drug Policy. Political opportunism and ideological
espionage have no place in modern, scientific, medicine.
J.S.Hochman MD Executive Director
Physicians
currently with charges against them
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