Pubdate: Sat, 06 Aug 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Doris Sun
Bookmark: http://www.mapinc.org/find?136 (Methadone)

DOCTOR CHARGED IN OD DEATH OF PATIENT

Practitioner Suspended In B.C. Plying His Trade In Scotland

A doctor who formerly practised medicine in Abbotsford has been
charged with manslaughter and criminal negligence causing death in
connection with the death of one of his patients in 2001.

Const. Casey Vinet of the Abbotsford police said the charges against
Dr. James Swanney involve the death of 20-year-old Christena Constible
of an overdose of methadone and an antidepressant.

A coroner's inquest into Constible's death in January 2002 heard that
Swanney prescribed methadone to Constible in January 1999 so she could
wean herself off heroin.

She did well for 14 months, but when she weaned herself off methadone
in March 2000, her condition quickly deteriorated and she continued to
take a mixture of prescription drugs, including Valium and
chlorohydrate to help her sleep, antidepressants and anti-psychotic
medication, the inquest was told.

Constible died the day after she had gone to Swanney pleading for
drugs after she had been off methadone for two months.

At the inquest, Swanney was accused of giving Constible 38 milligrams
of methadone.

As a result of the inquest, the B.C. College of Physicians and
Surgeons suspended Swanney from practising in B.C. in 2002. It also
erased him from the medical register in 2003. He was registered in a
temporary register, and his practice was subject to penalties such as
the relinquishing of prescribing privileges of narcotics and the
paying of a $13,500 fine.

He will also be required to show evidence of further education and
training in the area of general practice, and be interviewed by the
college executive committee before he can return to practice.

Swanney left Abbotsford in 2002 and has since moved to Scotland's Isle
of Skye, where he is practising medicine, according to the B.C.
College of Physicians and Surgeons.

Dr. Morris Van Andel, registrar of the college, said in an interview
Friday the college informed the General Medical Council in the U.K.
that it was conducting an investigation on Swanney. The medical
council conducted its own review of him. Van Andel believes some
restrictions were also imposed on his practice in Scotland.

Van Andel said he has never in his 13 years with the college seen a
doctor charged criminally for inappropriate prescribing and
prescribing excessively.

"The penalty that was invoked on him [by the college] showed the care
that he provided to patients was substandard. The jump from that to
charges of manslaughter and criminal negligence is most unusual, and I
don't know what they're based on."

Vinet said in an interview Friday the case is complex and has been
under investigation since December 2002.

"This type of case takes a very long time to investigate. It's a very
technical case that not only requires forensic analysis, but included
the need for extensive review by medical experts."

Vinet added he hopes Swanney will return to Canada voluntarily to face
the charges.

Jeff Gaul, director of legal services for Crown Counsel, said he is
unsure whether Swanney is living in Scotland, but added if an accused
is living outside the country where charges have been laid,
extradition proceedings would be pursued.

"If police advise us they've located the accused outside the
boundaries of Canada, then we have to look at international means to
have him returned."

Vinet also confirmed Swanney is being investigated for
over-prescribing narcotics in relation to the death of Mission RCMP
officer Don King in 2000 while under Swanney's care.
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MAP posted-by: Larry Seguin