Dr. Joel S. Hochman is Executive Director of the National Foundation for the Treatment of Pain

Dear Dr. Weitzel:
I am heartened to hear about your progress with the Utah physicians. Much good can come out of your travail. Have you discussed bringing a civil suit for prosecutorial misconduct? It will have to wait until you have succeeded in the criminal matter. But I would most certainly pursue this. To not do so sends entirely the wrong message ("I beat you but you won"). The only thing bullies understand is a solid punch to the nose. Then they cry like babies. JS Hochman

Robert Weitzel, M.D. wrote:

 Dear Dr. Hochman, Thanks so much for your reply.  I will try to answer your questions. Yes, prosecutors can certainly be ignorant and overzealous.  I believe it comes with being associated with the legal system.  I attended law school briefly, but left when faced with the polarization there.  It was about winning, with taking the most extreme position possible, rather than working as colleagues to find the truth.  (After these coincident deaths, the hospital's mortality review committee quickly and reasonably investigated, and found no foul play.  In the legal system it has been impossible to find this sort of forum; that is why the Internet publication of the medical charts has been so helpful: taking the discussion out of legal and press hands and directly to physicians.)  You are right, though, perhaps the point of my experience will be to show the danger of prosecutorial misconduct, and hopefully lead to better laws, protecting the provision of pain relief, improving patient care. You asked about the response of Utah colleagues.  I didn't know many people here; I'd practiced in Utah, then moved back to my home state of Texas when the case broke.  The press was quite sensational and one-sided, and never looked to the deeper issues or tried to ascertain the truth, so most Utah physicians understandably took me to be some kind of maniac; before the first trial I was not allowed by the lawyers to speak publicly in my defense.  Now that Dr. Fine has come forward and the prosecution exposed as corrupt, most Utah physicians realize that there was a miscarriage of justice, and as I go door to door to their offices meeting them and encouraging inspection of the records, that perception grows.  Still, the very conservative Utah Medical Association has yet to really speak out.  Their executive leadership is the problem.  Despite them, I do have support from the rank and file.  As I meet with doctors here, there is a groundswell of grassroots support building.  Many local doctors are writing to the Davis County Attorney and telling him that they've read the records, believe there was no crime committed, and asking him to stop wasting public funds and hurting medicine with his crusade. Thank you so much for taking the time to look at the records, and for your support.  The mention in your site is very helpful also, thank you.   I will take your suggestion and write to John Giglio. Sincerely yours, Robert Weitzel, MD 
----- Original Message -----
From: J.S.Hochman, MD
To: Robert Weitzel, M.D. ; John Giglio
Sent: Sunday, April 22, 2001 9:36 PM
Subject: Re: Utah physician persecution
 Dear Dr. Weitzel:

I have reviewed your web site and records. I concur with Dr. Fine that I can see no credible basis for criminally prosecuting you.

I personally know about the injustices that prosecutors can commit. It is a tragedy that more people are not aware of this. Perhaps that is the point of your experience. Tough as it is, you have been selected to carry this banner, whether you like it or not.

I am sending you by snail mail a small personal contribution to your defense. I have forwarded your letter to many others (see above) hoping that they will help you also. I am very curious about the response you have gotten from your Utah colleagues. Please inform me.

I will put this out on our website ( www.paincare.org ) for all our members. I suggest that you contact John Giglio at  jgiglio@painfoundation.org to inform him and perhaps enlist the help of some of the other members of the Pain Coalition.
J.S. Hochman, MD, Executor Director of the National Foundation for the Treatment of Pain.

Robert Weitzel, M.D. wrote:

 

Dear Dr. Hochman, I would like you to take a look at a website you'll appreciate: www.weitzelcharts.com.  For further information, feel free to contact me or Stratton Hill, MD. Thank you.

Sincerely yours,

Robert Weitzel, MD


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