Two large measures of comfort can be taken from the distressing conviction of Dr. James Graves, a community physician in Pace, Florida, who was found guilty on February 19 of one count of racketeering, four counts of manslaughter, and five counts of unlawful delivery of a controlled substance.

First, although Dr. Graves claimed to be a pain management physician, the prosecution contended that he was a drug diverter, and the jury's verdict signifies their agreement with the prosecution.

The egregious nature of the evidence heard by the jury supports the conclusion that competent and conscientious physicians need not fear similar prosecutorial action, even if they frequently prescribe very high doses of opioid analgesics for chronic pain patients. In my opinion, this was not a groundless case contrived by an overzealous prosecutor who misread the situation and prosecuted a caring but naive physician.

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