Brief filed: 01/10/2018
United States v. Paulus
6th Circuit Court of Appeals; Case No. 17-5410
2017 WL 908409 (E.D. Ky. Mar. 7, 2017)
Contrary expert opinion, taken alone, is insufficient to establish false statement or fraudulent intent beyond a reasonable doubt with respect to medical decisions that are inherently a matter of subjective professional judgment. Overturning the judgment below could lead to criminalizing legitimate exercises of medical judgment by physicians. Congress did not intent to criminalize legitimate, good faith medical practice. Disagreements among medical professionals in areas of medicine involving a significant degree of medical judgment can form the basis for civil liability or disciplinary sanctions, rather than criminal liability.
Nicolas Bourtin, Charles Moulins, and Carson Zhou, Sullivan & Cromwell LLP, New York, NY; David O. Markus, NACDL, Miami, FL.