Monday, March 23, 2009

Bad Treatment

The Tennessee Court of Criminal Appeals held that a criminal defendant who had pleaded guilty to a number of charges including impersonating a medical doctor was not entitled to any relief from the sentence imposed by the trial court. The defendant had attended medical school in Grenada but has never been licensed to practice medicine in the United States. He was "assisting" his father, who was licensed and had a practice.

The defendant had treated a family that included a seriously ill teenage child. he had denied the mother's request for an ultrasound test and balked at referring the family to a real doctor. Eventually he acquiesed and the child was evaluated by a doctor, referred to Vanderbilt Medical Center, and diagnosed with bone cancer.

The defendant was sentenced to six years with all but nine months stayed and probation after serving the nine months in the county jail. He claimed that he should receive a fully probated sentence or diversion. The court here rejected both alternatives and approved the sentence imposed.

There appears to be a problem with the link. The case is State v.  Arellano aka "Dr. Chuck" and was decided on March 19. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2009/03/the-tennessee-court-of-criminal-appeals-heldthat-a-criminal-defendant-who-had-pleaded-guilty-to-a-number-of-charges-including.html

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