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In Their Own Words
A Navy Veteran Tested Positive For Alcohol And Swore He Didn’t Drink. His Doctor Backed Him Up. What Happened?
The Disabled Veteran’s Case Underscores the Need to Improve Medical Tests in Court
Print:
The following excerpt is from an op-ed that first appeared in the MedPageToday on August 10th, 2024.
When Anthony Bing called his doctor’s office, it wasn’t for a new symptom or a prescription refill. Instead, the 64-year-old man was worried about going to jail.
As part of his probation requirements, he was subject to urine testing twice a week at a Philadelphia probation office. Those tests had come back positive for alcohol five times in a row, according to Bing’s physician. Now his probation and his freedom were in jeopardy.
There was just one problem: The Navy veteran had not had a drop of alcohol in almost a year. But the test said otherwise.
How could he find out what went wrong in time to stop the court from sending him behind bars?
Returning to jail would also complicate his substantial health problems. Besides high blood pressure and sleep apnea, he is partially paralyzed on one side and lost vision in his right eye last year, making him legally blind.
So what went wrong?
Read the entire op-ed here.
Authors
Aaron Schwartz, MD, PhD
Assistant Professor, Medical Ethics & Health Policy, Perelman School of Medicine
Tamar Lerer, JD
Deputy Public Defender, New Jersey Office of the Public Defender
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