CHILLING EFFECT:

A new study has found that doctors are rarely criminally prosecuted or sanctioned in connection with the prescribing of narcotic painkillers. The study, published this month in the journal Pain Medicine, found that 725 doctors, or about 0.1 percent of practicing physicians, had been prosecuted or sanctioned by state medical boards between 1998 and 2006 on charges arising from illegally or improperly prescribing narcotics. Of that group, 25 doctors specialized in pain treatment.

“The widely publicized chilling effect of physician prosecution on physicians concerned with legal scrutiny over prescribing opioids appears disproportionate to the relatively few cases,” the study reported.

Well, it doesn’t take very many prosecutions to create a chilling effect, something that the criminal law relies upon, of course. This is why it’s important to keep a close eye on prosecutors.