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More physicians facing criminal medical negligence charges

When people in Pennsylvania seek the help of a doctor for medical issues, it's only fair to expect the physician will know which medication to prescribe, and how much. Sadly, medication errors are not all that uncommon.

People often file medical malpractice lawsuits after prescription errors cause severe injury or the death of a loved one. Criminal charges can be filed against doctors in some states, too, and statistics point to a rise in such cases.

According to the Centers for Disease Control and Prevention, fatal overdoses of prescription medication tripled between 1999 and 2006, to 13,800. Michael Jackson's doctor, who is facing charges for killing him with an anesthetic, is one of a growing group of physicians who could face jail time for their errors.

In that case, prosecutors argue that the physician's negligence should warrant charges of involuntary manslaughter.

Not many physicians ever see charges of that sort, but the number is increasing. In the last decade, there have been 37 reported criminal cases against doctors relating to medication errors in the U.S. Between 1981 and 2001, there were just two dozen.

Some states have prosecuted doctors under the Controlled Substances Act, which was first enacted in 1970. That act requires that prosecutors prove that a physician intentionally prescribed medication outside of their usual practice or not for a legitimate medical purpose, according to Reuters. That act was at the center of the case against Anna Nicole Smith's physician, who was ultimately acquitted.

Even if criminal charges don't pan out for some of these doctors, civil lawsuits against them could very well succeed. Jackson's doctor is still facing a wrongful death lawsuit filed by the pop star's family.

Source: Reuters, "More U.S. doctors facing charges over drug abuse," Terry Baynes, Sept. 14, 2011

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