Posted: Sat Sep 08, 2007 5:56 pm
Wow, more typical lawyer (normally prosecution attorneys) tactics. Attempting for the second time to implicate Ankiel "through association" when he can not currently be implicated through the use of evidence.
First, all agree the medication was prescribed by Ankiel's doctor, Dr Gogan, a respected and published orthopedic surgeon (https://www.healthgrades.com/directory_ ... 7642ED.cfm). Whether Dr. Gogan or the pharmacy, Signature, did anything illegal is not a question that affects Rick Ankiel. As an example, if you were to see your Doctor and s/he prescribed a medication for your condition that was not FDA approved for that condition, how would you know and what would tip you off? In that case, the Doctor might face some disciplinary action but you, the patient, would be in the clear.
Second, it is unlikely that the Doctor would face discipline as we have a very strange system for prescription drug regulation in the U.S. When a drug company submits an NDA to the FDA, the FDA will approve the drug (assuming it does) for a specific use or uses. Those are the only uses which the drug company can mention. Under the current Federal law, the federal government censors the drug company from talking about or advertising any other use for the approved drug. However, generally speaking, Doctors are not limited in that respect; they can prescribe an approved drug for any legitimate medical purpose, even if the FDA never approved it for such use. This practice is referred to as "off-label," and it's perfectly legal. If a Doctor wants to prescribe a cholesterol drug to treat depression, /she can do it; the check on such behavior is malpractice liability - which varies in practice from state to state and is not federally regulated.
Third, the illegality allegedly associated with Signature Pharmacy is a State of New York legal issue (and probably some other states prescription laws) that require a Doctor to actually see a patient before a prescription can be written.
Finally, as Ankiel did personally see Dr. Gogan I don't see any patient misbehavior here, much less illegality. What is relevant however, is that a licensed Doctor decided that a specific patient could benefit from a specific drug. Given those facts it will be darn near impossible to find any of Ankiel's actions illegal based only on another doctor or group of doctors expressing the opinion that the patient shouldn't have needed the drug.
BTW, Dr. Gogan has settled or his insurance company has settled at least seven (7) malpractice suits. This does not implicate Ankiel so don't bother going there.
This will be my last post on this subject. I am presuming Ankiel is innocent until proven guilty. At most we know, because he has acknowledged it, Ankiel legally used HGH in 2004. That is not, in any reasonable person's mind, the same as saying - much less proving - that his performance in 2007 is chemically enhanced.
First, all agree the medication was prescribed by Ankiel's doctor, Dr Gogan, a respected and published orthopedic surgeon (https://www.healthgrades.com/directory_ ... 7642ED.cfm). Whether Dr. Gogan or the pharmacy, Signature, did anything illegal is not a question that affects Rick Ankiel. As an example, if you were to see your Doctor and s/he prescribed a medication for your condition that was not FDA approved for that condition, how would you know and what would tip you off? In that case, the Doctor might face some disciplinary action but you, the patient, would be in the clear.
Second, it is unlikely that the Doctor would face discipline as we have a very strange system for prescription drug regulation in the U.S. When a drug company submits an NDA to the FDA, the FDA will approve the drug (assuming it does) for a specific use or uses. Those are the only uses which the drug company can mention. Under the current Federal law, the federal government censors the drug company from talking about or advertising any other use for the approved drug. However, generally speaking, Doctors are not limited in that respect; they can prescribe an approved drug for any legitimate medical purpose, even if the FDA never approved it for such use. This practice is referred to as "off-label," and it's perfectly legal. If a Doctor wants to prescribe a cholesterol drug to treat depression, /she can do it; the check on such behavior is malpractice liability - which varies in practice from state to state and is not federally regulated.
Third, the illegality allegedly associated with Signature Pharmacy is a State of New York legal issue (and probably some other states prescription laws) that require a Doctor to actually see a patient before a prescription can be written.
Finally, as Ankiel did personally see Dr. Gogan I don't see any patient misbehavior here, much less illegality. What is relevant however, is that a licensed Doctor decided that a specific patient could benefit from a specific drug. Given those facts it will be darn near impossible to find any of Ankiel's actions illegal based only on another doctor or group of doctors expressing the opinion that the patient shouldn't have needed the drug.
BTW, Dr. Gogan has settled or his insurance company has settled at least seven (7) malpractice suits. This does not implicate Ankiel so don't bother going there.
This will be my last post on this subject. I am presuming Ankiel is innocent until proven guilty. At most we know, because he has acknowledged it, Ankiel legally used HGH in 2004. That is not, in any reasonable person's mind, the same as saying - much less proving - that his performance in 2007 is chemically enhanced.