Opinion

Knipp v. State

  • 67 So. 3d 376
  • 2011 WL 3300186
Court
District Court of Appeal of Florida
Filed
Aug 3, 2011
Status
Published
Author
Warner
On the bench
Polen, Warner
Cited by
17 cases
Authority
More cited than 10.9%

defendants failed to advise doctor they had obtained a prescription for oxycodone within the previous thirty days

How later courts described this case

  • defendants failed to advise doctor they had obtained a prescription for oxycodone within the previous thirty days
  • a circuit court order granting a motion to dismiss is reviewed de novo

Written by the judges who cited it.

The opinion

WARNER, J.,

concurring specially.

I concur in the majority opinion. To require a physician to ask about medications before the patient is required to reveal prior prescriptions not only has no statutory basis, but it would also encourage the unscrupulous doctor not to ask questions simply to fill prescriptions to increase the physician’s income and business. With the increase of “pill mills” in South Florida, such conduct is not unthinkable. See, e.g., Deonarine v. State, 967 So.2d 333, 335 (Fla. 4th DCA 2007) (noting, in case where physician was found guilty of trafficking in controlled substances, that he prescribed drugs without obtaining the patient’s medical history). We should not provide additional methods of skirting the law to those who would “doctor shop” to obtain controlled substances for both personal use and profit, whose overuse causes thousands of deaths each year.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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