Legal Question in Civil Litigation in Arizona
In April 2010, I entered a Consent Agreement with the Arizona Medical Board,restricting (NOT prohibiting) my ability to prescribe controlled meds for 2 years. In June 2010, the DEA erroneously and fraudulently coerced me into voluntarily surrendering my DEA registration.Fortunately, I was able to record a voice file of the DEA agent lying to me.The DEA said that the AZ Medical Board`s Consent Agreement is worthless, so to them,I have been prohibited from prescribing controlled meds.The AZ Medical Board refuses to modify the Consent Agreement.
Couldn`t I file civil action for Discharge of the Consent Agreement as a consequence of Legal Impossibility of Performance?Neither party was aware of what the DEA was going to do before the Consent Agreement was signed (or so I`m told)
2 Answers from Attorneys
Your question is a little like asking whether the patient needs an operation without doing any tests. I can't answer the question on the information given. I can tell you some general things:
(1.) Consent agreements are usually over broad and extremely prejudicial. And, often our clients do not have the money to fight the government or even hire an attorney. So, they sign them thereby "agreeing" that they committed multiple violations they didn't even make and sometimes they agree to have not given credible evidence (i.e. lied). This really hurts in subsequent actions. This firm has used Consent Decrees to just hammer the other party in subsequent litigation.
(2) The DEA oversteps its bounds. In another case involving controlled substances we have been able to eliminate half the charges and the damages and more importantly get the DEA under control just by being retained.
It may be that you should have thought about the DEA before you signed the Consent Agreement? Were you represented and were you willing and able to afford first class representation?
You are not going to get anywhere near the level of representation that you need by posting questions on LawGuru. Your paradigm should be serious surgery, possibly terminal, not the advice column.
I am curious how things are going for you.
Law Offices of Donald W. Hudspeth, P.C.
3030 North Central Avenue, Suite 604
Phoenix, Arizona 85012
Direct [email protected]
Firm [email protected]
Ph 602.265.7997
Fax 602.265.6099
Web site www.azbuslaw.com
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