DOCTOR'S TRIAL RAISES MANY ISSUES OUR SOCIETY IS NOT ADDRESSING

With regard to Derek Simmonson's excellent report ("Luyao Case Part
Of Wider Debate," March 12). Dr. Asuncion Luyao's conviction for
manslaughter and drug trafficking opens the door for further discussion.

First, if Dr. Luyao's patient's death had been caused by, say,
botched heart surgery, it might have been a subject for damages in a
civil court, not for prison time in a criminal court. Why is that?

Second, alcohol is a pain-killing drug, certainly intoxicating and,
to abuse-prone individuals, highly addictive. But if Dr. Luyao had
been prescribing medicinal alcohol to a long-time patient and the
patient had taken a lethal dose, it would have been a civil case, or
no case at all; certainly not a criminal case. Why are pills any different?

Third, drug addiction is not a drug offense, but courtroom rhetoric
suggests that it is. Besides, "addiction" has no meaning for chronic
pain patients. Very, very few ever become "addicted" in the classical
sense, but all are addicted to pain relief. It is often impossible
for a doctor to decide which it is, but we let prosecutors decide. Why?

The answer to all three questions is that the we live in a time of
drug prohibition, a policy that has inadvertently corrupted the
criminal justice system and caused far more societal damage than it prevents.

John Chase

Palm Harbor