Depending on the occupation a person has, individuals are held to certain sets of standards. Medical practitioners must maintain a particularly high standard, as they are required to provide an appropriate level of care for patients, while using safe medical tools. Failure to do so can result in serious criminal charges, sending the physicians to see another group of professionals held to high standards: criminal defense lawyers in Michigan.
The relationship between doctor and patient is a delicate one that the courts take very seriously. This is clearly shown in the case of dermatologist Dr. Robert Stokes, who was convicted of 31 counts of health-care fraud in Michigan. Allegedly, he would sterilize medical tools and reuse them on different patients, even though it is contrary to suggested practice. Many feared this would spread dangerous diseases such as HIV or AIDS, as the medical instruments were used on numerous patients, instead of just one. As a result, a U.S. District Court sentenced Dr. Stokes to serve 126 months (approximately ten and a half years) behind bars, citing that he took advantage of “vulnerable victims” to engage in unlawful conduct.
The defense trial attorneys for Dr. Stokes appealed the decision, taking the case all the way to the Sixth Circuit of the U.S. Court of Appeals. While the three-judge panel affirmed his conviction, they found that the lower court misapplied the “vulnerable-victim enhancements” part of the sentence–a factor that could unnecessarily increase a defendant’s sentence.
Case was sent back to the U.S. District Court for re-sentencing
According to federal law, a “vulnerable victim” is a person who is susceptible to abuse due to age, physical or mental condition, or connection with the other party. The original ruling maintained that his patients were each vulnerable because they are easily susceptible to fraud as as result of the relationship between a doctor and patient. However, the U.S. Court of Appeals found that this was misapplied, as vulnerable victims as the definition is usually based on a family relationship. The judges consequently ruled that the sentence determined by the lower court was inappropriate because this factor was miscalculated. As a result, the case was sent back to the U.S. District Court for re-sentencing.
While a date for Dr. Stokes’ next appearance in court has yet to be set, his case shows how serious accusations of fraud can be, particularly for professionals who are held to a required code of ethics and practices. Not only is one’s job at stake, but the defendant will almost certainly face jail time as well. To protect yourself against these consequences, it is essential to pro-actively seek the best legal defense for your case. Contacting hard-working and knowledgeable criminal defense attorneys in Michigan will provide the legal advice and legal representation needed to protect your occupation, reputation, and your personal freedom.