One of the issues with physicians and former physicians is that the government can file charges years after the treatment. This is happening with those who prescribed pain medications years ago to patients. A recent case relates to patients from 2008 to 2012.
On February 22, 2018, a formerly licensed physician, Nicholas J. Capos Jr., 67, of Yuba
City, was sentenced by U.S. District Judge Morrison C. England Jr. to
four years and four months in prison for selling prescriptions of controlled
substances such as oxycodone and methadone. This sentence followed a guilty plea.
According
to court documents, between April 3, 2008, and October 30, 2012, Dr. Capos, who was
then a licensed physician with a specialty in cardiology, allegedly knowingly and
intentionally prescribed controlled substances without properly examining the
patients and ignoring obvious signs that the patients were abusing or reselling
the medications. He was charged with prescribed quantities far in excess of human tolerance and
charged patients a “DEA Fee” of $100 per prescription, which is contrary to
accepted medical practice. He is no longer licensed to practice medicine.
On
May 5, 2016, Capos pleaded guilty to distribution and dispensation of
oxycodone. According to the plea agreement, one extreme example had then-Dr. Capos prescribing 2,640
APAP/Hydrocodone 325/10 pills in 28 days for one patient (325 mg acetaminophen
and 10 mg hydrocodone). At that rate, the patient was receiving over 80 pills per day which would have been a red flag that the patient must be diverting the drugs.
Attorney Note: For physicians that receive requests for medical records for years back where there was prescribing any type of controlled substances, get assistance early to review the records before they are sent. In addition, be careful not to alter or change the records without dating the records properly and indicating the changes.
Posted by Tracy Green, Esq.
Green and Associates, Attorneys at Law
Office: 213-233-2260
