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Falsely Accused and Arrested for Doctor Shopping

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  • 06-03-2011, 03:14 PM
    Jbuffett
    Falsely Accused and Arrested for Doctor Shopping
    My question involves criminal law for the state of: Florida

    On Jan 23, 2011 my wife was arrested on 3 counts of "obtaining or attempting to obtain a controlled substance by fraud" with bail set at $4000.00 costing me $400.00 to a bail bondsman to get her out. On May 12, 2011 she was notified by mail that all charges were dropped. My Wife was extremely happy that the charges were dropped but was embarrassed by the whole ordeal and adamant to get to the bottom of why this all came to happen. Now here come the hard part on May 17, 2011 my wife passed away but I feel compelled to continue and get to the bottom of the wrong done to her.

    I have contacted the public defenders and they told me that I needed to talk with the state attn to find out why they dropped the case. I talked with the state attn. and they said I needed to talk with the detective that investigate the case. So I talked with the detective and he told me that she was arrested because she was in pain management and also received narcotics from another doctor. I told him that both her pain management and the other doctors were all aware of the situation and he said yes but when he did the investigation one of the doctors said they had no knowledge that she was in pain management which lead to the arrest but it was his understanding that during a deposition the doctor said I miss read my note and admitted to knowledge about her being in pain management. So this is why the case got dropped and he went on to say that my wife had done nothing wrong.

    My question is who is at fault here... The doctor for making a mistake and saying she didn't inform them she was in pain management, The detective for poor investigation work or the State Attn for authorizing an arrest on such flimsy grounds. And what avenue should I take from here?

    Thank You in advance
  • 06-03-2011, 03:21 PM
    Dogmatique
    Re: Falsely Accused and Arrested for Doctor Shopping
    What is it you wish to accomplish?
  • 06-03-2011, 03:46 PM
    Jbuffett
    Re: Falsely Accused and Arrested for Doctor Shopping
    Several things... 1. To admonish the responsible party for causing this emotional pain. 2. Get reimbursed the $400.00 3. Make sure this kind of thing doesn't happen again!

    I know there are allot of problems with doctor shopping but this does not excuse what they put my wife and I through. Some may think no big deal she got her charges dropped but for us we are law abiding citizens that had never been arrested before and it was quite traumatic and embarrassing for us and I just feel more caution needs to be taken before falsely arresting a person and putting through this kind of ordeal.
  • 06-03-2011, 04:03 PM
    Dogmatique
    Re: Falsely Accused and Arrested for Doctor Shopping
    I'm not saying it's not a big deal - it's obviously a very big deal to you! :)

    However, I'm not sure there's anything you can do about what was, clearly, something of an innocent mistake. She wasn't falsely arrested in the legal sense of the term; the detective was only doing his job and the physician made a mistake. The result was unfortunate, but actionable? I'm doubtful.

    By all means though, have a chat with a local attorney - you might want to start with Personal Injury attorneys.

    I'm also very sorry for your loss.
  • 06-03-2011, 04:36 PM
    Jbuffett
    Re: Falsely Accused and Arrested for Doctor Shopping
    I just feel when I make a mistake I have to pay for it so even though the doctor did not intentionally do something wrong, a wrong was still committed and I feel that doctor's think there inconvenience is worth more than anyone else. I didn't mean to say the officer falsely arrested her but meant she was falsely accused which lead to an arrest. I agree the officer was doing his job and I could see if during his investigation it showed repeated attempts to obtain medication from multiple doctors but to arrest a person for a one time event seems like a little more investigation work was due. And then before he could get the warrant for the arrest it had to go through the state attn. who should have said this is flimsy we need more info before we approve an arrest. Just seems the ball was dropped allot and a better job could be done by all involved.

    I have my doubt of even getting an apology from the doctor or the state attn. but I still want to try for my wife!

    Thank You
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