Comments on: The Hurwitz jury: "I went into this blind and came out wishing I was" http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html medical blog Sun, 22 Nov 2009 16:19:01 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Anonymous http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html/comment-page-1#comment-74659 Anonymous Sun, 06 May 2007 22:24:00 +0000 http://clients.emmense.com/kevinmd/2007/05/the-hurwitz-jury-i-went-into-this-blind-and-came-out-wishing-i-was.html#comment-74659 Just guessing since I'm not the juror in question, but I'm thinking a more precise term would be "willful ignorance", which is deliberate. Just guessing since I’m not the juror in question, but I’m thinking a more precise term would be “willful ignorance”, which is deliberate.

]]> By: Rich, MD http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html/comment-page-1#comment-74625 Rich, MD Sun, 06 May 2007 15:13:00 +0000 http://clients.emmense.com/kevinmd/2007/05/the-hurwitz-jury-i-went-into-this-blind-and-came-out-wishing-i-was.html#comment-74625 What is the evidence of a "deliberate" effort? Even without seeing all the evidence in this case, what are some examples of evidence of a "deliberate" effort to ignore something?<br/><br/>I can understand evidence of intent to do something - notes or actions that support one intention to engage in an action, etc. But how do you show that someone deliberately ignored something? How do you conclusively determine that someone deliberately turned a blind eye, vs. being ignorant or oblivious to it? And is being ignorant of it or oblivious to it "deliberate"?<br/><br/>I am not arguing really; I would just like to know some examples, other than something like "well isn't it obvious?" What is the evidence of a “deliberate” effort? Even without seeing all the evidence in this case, what are some examples of evidence of a “deliberate” effort to ignore something?

I can understand evidence of intent to do something – notes or actions that support one intention to engage in an action, etc. But how do you show that someone deliberately ignored something? How do you conclusively determine that someone deliberately turned a blind eye, vs. being ignorant or oblivious to it? And is being ignorant of it or oblivious to it “deliberate”?

I am not arguing really; I would just like to know some examples, other than something like “well isn’t it obvious?”

]]> By: Anonymous http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html/comment-page-1#comment-74563 Anonymous Fri, 04 May 2007 16:33:00 +0000 http://clients.emmense.com/kevinmd/2007/05/the-hurwitz-jury-i-went-into-this-blind-and-came-out-wishing-i-was.html#comment-74563 The jury didn't say that at all. Here's what the jury said, via the article where he quotes one of them:<br/><br/>"The guilty verdicts were not based on a single action or inaction that Dr. Hurwitz took, or that he had a lapse in medical judgment, but instead a continuous, deliberate effort to ignore that his patients were using these drugs recreationally or selling them."<br/><br/>Looks to me like they found that he did exactly what the statute prohibits. The jury didn’t say that at all. Here’s what the jury said, via the article where he quotes one of them:

“The guilty verdicts were not based on a single action or inaction that Dr. Hurwitz took, or that he had a lapse in medical judgment, but instead a continuous, deliberate effort to ignore that his patients were using these drugs recreationally or selling them.”

Looks to me like they found that he did exactly what the statute prohibits.

]]> By: James http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html/comment-page-1#comment-74543 James Fri, 04 May 2007 00:46:00 +0000 http://clients.emmense.com/kevinmd/2007/05/the-hurwitz-jury-i-went-into-this-blind-and-came-out-wishing-i-was.html#comment-74543 Anon, the statute says the Dr. is guilty if he knowingly prescribes (criminal intent) for other than a medical ailment (medical reason). The supreme court clarified the statute by saying it is drug dealing as conventially understood. What the jury says they convicted the doctor on is negligence/malpractice. This is not what the CSA statute says. The jury errored in their judgement and have now in effect taken the states' oversight of medicine to the federal level where no medical board exists. This verdict is so wrong it is scary. I hope the judge throws it out. Anon, the statute says the Dr. is guilty if he knowingly prescribes (criminal intent) for other than a medical ailment (medical reason). The supreme court clarified the statute by saying it is drug dealing as conventially understood. What the jury says they convicted the doctor on is negligence/malpractice. This is not what the CSA statute says. The jury errored in their judgement and have now in effect taken the states’ oversight of medicine to the federal level where no medical board exists. This verdict is so wrong it is scary. I hope the judge throws it out.

]]> By: Anonymous http://www.kevinmd.com/blog/2007/05/hurwitz-jury-i-went-into-this-blind-and.html/comment-page-1#comment-74537 Anonymous Thu, 03 May 2007 22:16:00 +0000 http://clients.emmense.com/kevinmd/2007/05/the-hurwitz-jury-i-went-into-this-blind-and-came-out-wishing-i-was.html#comment-74537 So what's wrong with them having to decide that, even if you agree with Tierney? It doesn't appear they were anything but thorough in their deliberations. You may not agree with the statutes existing, but that's not really the jurors role, that's the legislators. So what’s wrong with them having to decide that, even if you agree with Tierney? It doesn’t appear they were anything but thorough in their deliberations. You may not agree with the statutes existing, but that’s not really the jurors role, that’s the legislators.

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