Journalism in the Public Interest

Doctor’s Lawsuit Targets Parents of Patient Who Overdosed

The U.S. Drug Enforcement Administration stripped Dr. Kevin Buckwalter of his ability to prescribe narcotics, citing the death of eight patients. Now Buckwalter claims a malpractice suit filed by the parents of Andrea Duncan, who died in 2005, is an abuse of the legal process.

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Lucretia Rossi

Sep. 3, 2011, 6:05 a.m.

@Judson…in defense of Shyam, while there is no debate that a few doctors that run “prescription mills,” a doctor cannot see the future. Some people (I know one) had a legally-prescribed pain medication, which was taken as prescribed. Some people do commit suicide without much, if any, forethought. A doctor cannot forsee this. Also, as I am a psychology student, I can tell you that most people who truly intend to commit suicide will never let on that they are doing so. They know that someone, if they give any clues, will try to stop them. Being that doctors are not mind-readers with crystal balls, I definitely think that doctors get too much blame in this issue. The overwhelming percentage of them prescribe medications based on specific guidelines and safe dosages. The only way the doctors should be held responsible (now, in this case, this doctor did some questionable things; I’m talking in general, overall terms), is if the patient had to come to them one, two, or three times a day while the doctor gave them each individual pill. Which clearly is not practical. It is the patient’s responsibility to take the medication as prescribed. If the pain medication is not working for them, then it needs to be discussed with their doctor.

Anne in K.C.

Sep. 3, 2011, 6:39 a.m.

@Lucretia - I agree, the patient doesn’t get off scott-free, I mean, they have ultimately, as free adults, responsibility for themselves.  A doctor or medical worker cannot be their guardian 24/7.

It’s sad when people call it quits, basically, but these things happen
And who is to say it wouldn’t happen anyway with or without medication

There are no crystal balls, just responsible professional care.

The only way to know for sure the drugs are taken as prescribed would be to hospitalize all and keep them on a locked ward where they can be constantly supervised, which is obviously not possible OR desirable.  We have freedom, as individuals, for better or worse.

If we lock people up they may be safe but I imagine there would be law suits aplenty challenging the right to do so.

So you see, sometimes, either way you go - there are going to be problems.  until we gain mind control (don’t want to go there) we won’t know what people are thinking or planning.  We go on what we got and hope it turns out right this time.

Lucretia Rossi

Sep. 3, 2011, 2:28 p.m.

I agree. I am very much an advocate of personal responsibility. By and large, doctors prescribe what is needed. Our society is shifting to a mindset that it’s always someone else’s fault, and that is a terrifying mindset for a society to have. While his practices were shoddy, he is an example of a “bad doctor”. Unfortunately, doctors like him get all the good doctors labelled as well. I hold firmly to my belief that if someone does not take their medications as prescribed, that’s their fault, not the doctor’s.


Sep. 3, 2011, 6:58 p.m.

I agree with your statement about whatever happens has to be SOMEBODY else’s fault.

God forbid we ever accept our responsibility.

I’m not talking about, for example, a car manufacturer that knew that the fuel tanks were likely to rupture or at a rate unacceptable and kept that knowledge to themselves.

Here in K.C., a child of 13 out at 3 in the morning driving a stolen truck with drugs inside and weilding something that looked like a handgun but wasn’t had some sort of breakdown in parental supervision.

But, the city I live in was sued and I, as part of the taxpayer, ended up paying this “grieving” family for the loss of their son.  If they had care that much about him they would have known where he was or at the very least not held SOMEONE ELSE accountable.

SOMEBODY pays - you and me.

john debaun

Sep. 12, 2011, 6:42 p.m.

I am the father of Andrea Duncan, she was in a serious auto accident in 2001, had severe back injury and brain injury. HE NEVER EXAMINED HER for anything, she was not DRUG SHOPPING, she ONLY TOOK WHAT WAS PRESCRIBED AS PRESCRIBED, he denied giving her some of the drugs he prescribed, and once he knew he was being investigated, he destroyed and then falsified medical records.HE IS AN ANIMAL who has killed many patients, We did not sue for money , we sued to end his ability to kill others as he did my Daughter and Son in Law, in the end . The MD who supports him in this forum should be ashamed of himself. When Buckwalter faces his maker we know where he will go along with his brother who is a lawyer and helped him destroy the medical records.


Sep. 12, 2011, 7:46 p.m.

Dear John,
Our family is so sorry for your loss of Andrea not only did Andrea’s case start Dr. Buckwalters strength of being an idiot come to light .How dare he sue anyone who he is RESPONSIBLE for their death . He actually threw his records in a dumpster quoted in a deposition along with his computers he broke the law by not keeping the proper records .You are so correct he will meet his maker !! Through the flames of hell he will go .So sorry to you & your family Sincerely family of Staci


Sep. 12, 2011, 10:05 p.m.

A lot of comments - some I agree with and some not.  I empathize with the family who lost their daughter, naturally it causes a lot of grief and sometimes self-recrimination (more than likely not deserved) and the feeling may be that we need to “do something” to deal with the pain.  There is no going back, the deceased is gone.  However, pursuing a legal claim in a lawsuit might help give direction and a feeling of making a difference.

Lucretia and I have basically agreed for the most part.  Let me say that I have been taking strong medications most of my adult life.  You can’t imagine the negative bias there is toward someone like me or others needing longterm drug treatment.  The bias seems to come from people who have been blessed THUS FAR with good health and so they haven’t needed to take much in the way of RX medications. Lucky for them, too bad for those who need medication like me.  The luck of the draw, genetically.  Looking back on my life I can definitely see how very much I was my father’s daughter except my father was of the old school and grew up in a time when “mental” pain was dismissed as somebody with too much time on their hands, that’s why both my parents told me.  But I see a definite pattern between my father and myself.  Both of us turned to alcohol to deal with some life issues.  Both of us were depressed though either didn’t talk about it (my father) or if you did talk about it then it caused problems of recrimination and criticism toward me.  There’s no one who can more quickly identify someone who is depressed and mentally a little off than someone else in the same general boat.  I see looking back over my father’s life that he did many of the things I now do, I have somewhat isolated myself, the tedium and stress of being out and about in society isn’t worth it to me so I stay home.  But I know I need medication, I was a basket case without it.  Now I am able to function, some days better than others.  If I were to be an elitist and declare with haughty arrogance “no drugs for me” then I would be cheating myself and my family out of a better me.  I’m not crazy, far from it, I feel everything intensely and notice things that seem to escape others attention.  Whatever hurt there is in the world affects me deeply.  I don’t seem to be able to set limits for myself, if I know of something painful happening (like for example animal abuse) takes over my life and I can focus on only that.  Drug therapy helps me mitigate those effects at least in part.

I’ve also had occasion to take RX pain killers.  I have an addictive personality and even though I did not tell my doctor, I knew I was starting to “adjust” my dosage myself for the wrong reasons.  I didn’t tell him that, it would have not served my purpose, i.e. to not get cut off.

Medication has a very real and important place in our life, it can make a huge difference in quality of life.  I also know there are addictive things out there and that I too easily can become dependent.  I know there are side effects to drugs as we are supposed to read the insert that comes with medication or look it up online.  If I don’t agree with what a doctor is doing for me, I am free to find another.  But the doctor gives me my prescriptions and its up to me, as someone who is of sound mind, even though a depressed state of mind sometimes, to take it responsibly and not do my own adjustments. 

I think this doctor was definitely in the wrong for prescribing the pills he did to this young woman without first examining her.  But this was an adult with a functioning mind.  If she was so out of it that she could not keep her own safety and well-being in mind then she should have been somewhere getting help for that.  I find it interesting that within days of each other these two young people both died of drug overdoses and both had the same doctor.  Yet both did meet the same end, even the one left behind chose to continue the drug therapy (not sure if it was the dosage prescribed) even though they had good cause to see what happened to their spouse and take action to be sure the same did not happen to them.


Sep. 12, 2011, 10:08 p.m.

I don’t think you can blame the doctor if people who need medication don’t take it as prescribed or tend to self-adjust and/or combine medications they might get from different doctors.  There’s pressure on doctors, now, I think, that wasn’t there years ago.  Most doctors are in some kind of group/clinic where they are expected to see “x” number of patients per hour/day and there are patients who go away disappointed if they don’t leave with a prescription in hand.

I have abused drugs at times (the pain killers).  I knew I was but I continued anyway.  I needed them when I started but took them too long.  I KNEW and I Did It, no one did it to me.  I KNOW I need antidepressants and i also know they get a bad rap by people fortunate enough not to need them.  Some people who could get help don’t because they hear others talk about the dangers of drugs when its all hearsay.

What I’m saying is its a complicated question with lots of details that vary from person to person.  There is no “one size fits all”.  But ultimately surivival is a basic human instinct.  Our survival instinct should tell us when we are going astray with RX scrips or anything.  If we listen to our common sense we change.  If we don’t our survival/happiness is questionable.  But I am ultimately responsible for myself.  I am intelligent and if I have questions or don’t feel the doctor and I communicate well enough to be effective, its an open marketplace where I am free to find someone else.  I get the scrips from my doctor which hopefully he prescribes with care however, there is a backup system of safety, my own self-interest.  Its up to me to evaluate how well something works, how well I communicate with a given doctor, and how well I’m following directions.  If I don’t do the right thing (and ask questions and get answers like for, example the constipation issue - anyone reasonably aware knows you cannot go so long and not do something to correct it.  If the doctor you tell about the symptom that bothers you then go to someone who will.

We are all masters of our fate, our own ship.  I acknowledge there are doctors who are less than quality out there.  If we use our common sense hopefully it will lead us in the right direction.  If I go to a doctor needing surgery and everything leads me to believe he is qualified but due to his lack of care I expire while undergoing surgery, there was no way I would know that.  But with an ongoing doctor/patient responsibility I should be evaluating how well things or going.  I should be reading, listening, thinking about how it all works together.

Ultimately, its up to me. To blame anything other than an unforseeable accident due to someone else’s reckless behavior is a cop out.  The liberal/socialist mindset today is “whatever happens - blame it on someone else”.  That’s wrong.  It’s up to me, ultimately, to use my common sense to safeguard and guide myself.


Sep. 12, 2011, 10:15 p.m.

There is no clearer evidence of patients who engage in drug-seeking some very questionable choices.  That website is obviously aimed at someone who isn’t able to get these powerful drugs from a face-to-face doctor visit. 

Clearly there are ways to bypass a physician’s recommendation.  The people who go to sites like that are aware they are drug-seeking and should stop/get help.

And yes, Vicodin is not to be used as an antidepressant.  It may make someone feel less depressed for a while but its no solution and ultimately will add another problem on top of the ones already present. 

VICODIN is NOT an antidepressant.  Get real.

John DeBaun

Sep. 14, 2011, 6:13 p.m.

  The only thing we can hope for is that he does not get reinstated by NV medical board, plus I really doubt the DEA will ever let him practice his evil ways again, the lawsuit against us was filed only so he can say that he was right and we were wrong, he has no money left, he cannot get a job, and if anyone does hire him I question their sanity, and some people here JUST DON’T GET IT, HE IS A KILLER, plain and simple, no one will ever see a dime, he only got his insurance policy because he lied to them to get it, and Anne, this has nothing to do with Liberal/Socialist mindset, again in my Daughters case there was no drug shopping, we have the pharmacy records,why anyone defends this” man” is beyond me. Lisa keep up the fight, you have our support, we have been in this fight for 6 years now, and I will neve stop until we have justice for EVERYONE who’s life this idiot has ended,I will fight this until I die. and Thank You Marshal for bringing this to national attention.


Sep. 14, 2011, 6:43 p.m.

I understand why you are grieving your daughter’s death.  I’m sure I would do the same in your situation.  I am not defending him as much as just saying that we do need to accept a certain measure of accountability for our actions.  We are deemed to be intelligent and rational human beings absent any information to the contrary.  As such we must decide for ourselves what is safe to do and what is unsafe.  All drugs carry significant warnings about their use, abuse, side effects, dangers, warnings etc.  We want the right to be treated as independent intelligent adults, I know I do. However, with that right there is an implied responsibility on my part to use my intelligence and my resources for knowledge about a given subject to help me decide what is safe to do.

I am not trying to be some holier than thou person.  I admitted my own lapses of judgment in my own case.  No one forced those pills I took down my throat just as hopefully no one forced your daughter to take them.  I’m sorry she is gone, I’m sorry you are hurt.  But we can’t expect to be treated as adults if we refuse to accept any responsibility for our choices.

I hope you find a way to a peaceful place in your heart.  I hope you have memories of your daughter that you will treasure forever. 

Sometimes good people make mistakes.  I know I have.  I paid a price for my mistakes.  Some mistakes come with a higher price tag.

I hope you don’t let your grief override your pursuit of happiness and peace of mind.


Sep. 14, 2011, 8:39 p.m.

@ Anne
You really do not have a clue about what Dr. Buckwalter has done , he has lied about everything .You say one size fits all well Dr. always gave out the same dose to all his patients .Someone who weighed 200 received the same dose as a 119 pound girl ? He never examined his patients .I have my niece"s who died medical records you know what they say “wants RX” What kind of appointment is that ? If you started following this case from the start which is Andrea’s you would understand how evil & unkind he was to give all scripts out.I also blame the pharmacies that supplied these drugs , often the pharmacy would call Dr. Buckwalters office & ask “are you sure you want to give this patient 500 pills ” He said I am the Doc fill it. He is so responsible for everyone who died under his care.Unless you die of natural causes , but this didn’t happen over 10 people died all patients of Dr.I lost my 21 year old niece 3 years ago , if the Medical Board had suspended his license after Andrea died , my niece would have never walked into his office of death .It is crazy that the Medical Board couldn’t see what he had done he was responsible not only for Andrea but her husband’s death.The Medical Board finally suspended his license in Nov. 2008, too late for my niece we complained to no end that he was wrong .You say good people make mistakes well Dr. is NO GOOD .My niece was a beautiful young girl who walked into his office @ 19 years old.Her final visit 720 pills in 25 days were prescribed she weighed 119 pounds .Wow = 29.2 pills a day she also followed the label finally after all those nasty pills she was gone , her body couldn’t handle 29 pills a day her brain was so disoriented she didn’t know which way was up or down .She was my niece & her name is Staci , & I won’t rest until he goes to jail because he is a murderer.Just because he has a Dr in front of his name does not make him God .Because he is an idiot & Karma will get him RIP Staci


Sep. 14, 2011, 9:47 p.m.

This defies logic and reason but sometimes the truth is stranger than fiction.

I find it incredible that after all you have said about this doctor (and surely communicated to your niece and other relatives and friends) that your niece chose to go there to the same doctor and then took this excessive amount of medication to the point she died.  Did she not think caution was called for?  It is freely advertised, warned and available to read the facts about your RX medications and to ask your pharmacist if you have questions.

I can’t believe your niece would have voluntarily taken an excessive number of pills which can’t have left her very functional if at all from someone who according to a family member acted irresponsibly and caused your daughters death.

People have a responsibility to think.  Did your niece’s other relatives say anything to her about going to this doctor or taking what he prescribed?

I’m not giving him a free ride.  I realize full well there are incompetent and negligent doctors out there, I’m just saying that surely some of these people would have had the presence of mind to ask questions?  There should have been warning flags going up all around but yet no one said anything and your niece followed the regimen.

When i take pills that make me feel bad or worse, I would ask questions and more than likely quit taking them before the doctor was even seen.  Maybe the medical community might say that choice was wrong on my part but its up to me to decide what to do.


Sep. 14, 2011, 9:54 p.m.

Lisa, sorry I did not notice the previous comment was from you I wrongly assumed it was from the Mr. DeBaun.

The note in your niece’s file saying “wants RX” tells me that she went there specifically for pain pills.  Unless someone is drug seeking I think it would be unlikely they would got straightaway to the “I want prescription” scenario and instead ask what all my options were.  I do not obviously know all the facts but you are wrong, I do have a clue.  I have a clue due in part to the number of years I have been on this earth with my eyes wide open and also knowing my own tendencies and also knowing its up to me to ask questions about medications and so forth.  It appears based on what you said that the reason her file says “wants RX” is because that is what she went there for.  Many people hunt for doctors to prescribe pain meds.  They do so at their peril.  Its their life, who could possibly be more motivated to verify and ask questions?


Sep. 14, 2011, 9:57 p.m.

I’m curious about your claim that I said “one size fits all”.  You appear to have paraphrased something I said into your interpretation of “one size fits all” because I do not recall having said any such thing.

UNLESS you are referring to the admonition that ALL of us are ultimately responsible to check and verify because who has the most to lose.  In that regard, that we all have the most to live as far as our own health and life goes, you are right.  Each of us should care enough about our life to ask questions and to realize (it is not a hidden fact that pain meds kill especially when abused) that what we put into our body has the potential to help or wound.


Sep. 14, 2011, 11:17 p.m.

Hi Anne,
My niece walked into Dr.‘s office to get off Oxy’s she had been addicted to because of Heppa laws after your 18 they can’t tell mommy.I found her journal after her death clearly stating that she no longer wanted to be addicted to drugs so she went 2 see a doctor to GET OFF drugs .So on her first visit he gave her Xanax & hydrocodone & methadone .Well she overdosed on the methadone , when her mom got the call she lied to her mom & said she wanted to try it & got it from a friend. But the nurse asked my sister to leave & Staci admitted it came from her Dr.This was noted in ER records .On her next visit he took her off methadone & gave her Xanax & Hydrocodene this went on for months .Every month like clockwork she went there now getting even more pills the office manger even spoke with the doctor & said this is to many scripts , she was shot down by Dr.You may ask where her family was during all this her mom worked 5 days a week & Staci knew what days mom was off .Staci moved out on her own paying rent & a car payment she had a good job with benefits.If you have children you know they text often you can’t hear their voice or hear any emotion.So on the 2 days my sister was off they did the mom daughter things lunch ,nails ,hair. Staci knew Mom had 2 work so she knew when 2 be clean .She often wrote in her journal that she was ashamed of what she is doing to her body by taking these pills she wanted to stop, that is why she went to Dr he was in her medical plan .He should have stopped giving her all those pills , she was showing signs of drug seeking behavior .Send her to a rehab center & he should have stopped her. Then as I said the last week exactly what happened he gave her Oxy’s (the same drug she went to him addicted 2 ) he never wrote anything down .So my poor niece is no longer here :(. Just want u to understand there are 2 sides 2 every story , and as for me I live in Illinois so I only saw her a few times a year & noticed nothing ,Anne sometimes I blame myself for not seeing her addiction how could I miss it maybe I could of helped every day I live with this pain . But knowing a professional dr was seeing her every month why did he continue to prescribe ?


Sep. 15, 2011, 12:10 a.m.

Lisa - what happened to your niece was a very sad event there is no disputing that.  Drugs that may at first seem to be a blessing can end up being a curse but they wait until we are addicted before revealing themselves not as benefactor but as adversary.

You verified my suspicion that your niece went to this doctor because she was drug-seeking.  perhaps her previous source had refused to provide anymore of this substance that she was addicted to. 

The doctor was clearly wrong in prescribing these medications to her if he knew (and it seems he knew or should have recognized your niece as someone having difficulties with substance abuse or if he was just in the business of being a “source” for your niece and others.  That does seem to be much of what he was.

Drugs rob us of our common sense and our dignity.  Your niece failed herself as did this doctor. 

A lot of things usually combine to reach such a final sad ending.  I empathize with this young ladies family.  I also believe you would be happier if you face the facts as they actually were.  Forgive your niece and forgive yourself for what transpired and do your best to spread the word?  IMO.  the truth will set us free?


Sep. 15, 2011, 12:16 a.m.

To answer the question why did this doctor see your niece as often as he did and yet continue to prescribe this deadly medication?

The answer is one of supply and demand.  As long as there are people out there in search of some magic potion to fix our lives even when a part of them knows the danger.

If you want to lighten your burden, maybe educating others about the ambiguous results might help both yourself and others.  Good luck, its not easy facing the cold hard facts of life sometimes, is it?


Sep. 15, 2011, 10:09 a.m.

My niece walked into dr’s office with the intent of her becoming clean ,street drugs are a dime or dozen in Vegas .Because of Dr’s like him who prescribe whatever the heck you want.I want you to know that I have her journal & everything was written down in there as to why she took her original step of going to see him.She made it perfectly clear she didn’t like what the street drugs did to her , She was excited to see this new Dr. who would fix her & treat her condition.She never Dr. Shopped only seeing him.So the cold hard facts is that he may have started her treatment with methadone ,when that failed he went to the harder more addictive drugs ,& if you know the definition of addiction you can certainly understand just how a 19 year old girl was feeling.Sometimes you cant go to your family for help ,she chose a man with a license & a degree.So I say he is 100% responsible ,how can 10 people die from his care & all be wrong ?


Sep. 15, 2011, 11:47 a.m.

How can you say she went to him to become clean from drugs?  She went to him for more drugs.  You are looking for a way to say she was innocent of all wrong.  She didn’t want to change to no drugs she wanted to find an easy way to do nothing.  If as you say 10 people went to him and died as a result - then 10 people chose to die.  There is no easy way to survive, sometimes it means suffering.

If she truly wanted to stop she would find a hospital to go to where she had no choice but to do what they said.  It is illogical to say someone wanted to stop doing drugs when they went to a doctor with a reputation for giving out drugs.

You are playing word games and mind games desperate to do exactly what your niece tried to do, which is deny the truth.  You can’t have it both ways.  You can’t say “I want to be clean” and “I will sign up with a new doctor to give me drugs” and make sense.

Stop lying to yourself.  The doctor was wrong to do what he did.  But that does not mean your niece was innocent.  It is hard being 19 and it is hard being 99.  We don’t want to humble ourselves to our families and say “I’m lost I need help, I am out of control of myself”.  So we look for magic doctors who will somehow let us keep doing the wrong thing but because he is a doctor it will suddenly be alright.  Everyone wants a way to take the easy way.  If it is hard it has to be because of someone else’s error, not mine.

Drugs can kill whether we get them off the street or “legally”.  The doctor is not innocent and neither is your niece.  That is the cold reality there is no nice way to say it.  Sometimes the world is not nice.  Sometimes the world sucks.  We can accept it or deny it but it still sucks sometimes.

Mothers want to say that sons out in the middle of the night with drugs and guns and gangs who die were not at fault.  It HAS TO BE SOMEONE ELSES FAULT. 

Denial and word games are what you want but they are not answers only excuses.  How many sons and how many daughters have to die before we stop lying to ourselves and admit that sometimes WE screw up, WE get it wrong?


Sep. 15, 2011, 12:07 p.m.

This is a direct quote:

“.Well she overdosed on the methadone , when her mom got the call she lied to her mom & said she wanted to try it & got it from a friend. But the nurse asked my sister to leave & Staci admitted it came from her Dr.This was noted in ER records .On her next visit he took her off methadone & gave her Xanax & Hydrocodene this went on for months .Every month like clockwork she went there now getting even more pills the office manger even spoke with the doctor & said this is to many scripts”


Your niece overdosed.

She lied about where she got it because she knew if she told the truth that it was the doctor who gave it to her that he would get in trouble and/or quit prescribing her the drugs SHE WANTED.

She was in such a condition that she had to go to the ER, which sounds serious.

Your niece was not stupid, she realized the danger she was in so she went to the ER.

In spite of the danger she was aware of and recognized as such yet “ON HER NEXT VISIT” he gave her scrips for another legal cocktail.

She went back to a person who enabled her and assisted her to engage in risky behavior.

NOW, you want to say she is innocent.

You are in denial and you need to stop.  When people become a certain age they are deemed to be adults and they get all the privileges and responsibilities that go along with it.  She had the responsibility to care for herself but she chose to do something that was dangerous and wrong.  The fact the doctor was a co-conspirator in her demise does not negate the fact that in essence she killed herself.

Sorry to be blunt but it is what it is.


Sep. 15, 2011, 12:25 p.m.

Listen, you people who say you care and want to help.

Another quote, this one from Carol, a medical care professional:

“Our office see several new patients each month seeking pain medication (WE ARE A PSYCHIATRIC OUTPATIENT CLINIC). They are doctor shopping looking for a Dr. Buckman. There are far too many of them out there making a profit at the expense of their patient’s health. Law suits are the most effective way to get their and the medical board’s attention. counter siuts are their right but judges don’t have to agree to try trhm and can still dismiss them.”

You see SEVERAL new patients SEEKING pain meds and you acknowledge they are “doctor shopping” for someone who will give them their “legal drugs” that way they won’t have to confess to using street drugs.

You say LAW SUITS are the most effective way to put a stop to these doctors.

YOU are enabling these patients/“victims” by absolving them of responsibility. 

Like I said, its “supply and demand”.  Without the DEMAND/seeking from “doctor shoppers” there would be no such doctors.  Without such doctors there would be no SUPPLY.  Each feeds off the other.

But everyone wants to lay the ultimate assessment of guilt on the physician and console the families of those who died by saying their loved one was a VICTIM.

What rule is there IN NATURE that says if someone else is at fault that gets us off the hook?

Animals in nature, wild animals, know and accept it is up to them to be alert and aware.  Yes, they can sleep mid-afternoon in a territory they know to be infested with lions and tigers.  But if they choose to do so, Mother Nature isn’t going to say that these sleeping animals are innocent victims.  They are going to be what they are, i.e. animals who made poor choices who are now dead. 

We want to ignore the laws of nature and allow ourselves (tell ourselves and each other)  to act in ways that a reasonable person would know is dangerous AND say that it wasn’t our fault.

The laws of nature really don’t ultimately revolve around guilt or innocence, they revolve around alive or dead.

It’s society that complicates things with fault and culpability and blame and verdicts when it all comes down to do we choose to be alive or dead?


Sep. 15, 2011, 12:46 p.m.

“Sometimes you cant go to your family for help, she chose a man with a license & a degree.  So I say he is 100% responsible.”

So, to say another way, as long as we can find a professional who will cooperate with us in our drug-seeking behavior - that if/when we die it is HE (the professional) who is ONE HUNDRED PERCENT RESPONSIBLE.

Assuming that to be true/accepted - okay HE is responsible but the deceased users is still DEAD.

So do you want to argue about whose fault it is or do you want to say “If I want to live there are certain things I can’t do”.

Finding a PROFESSIONAL to BLAME - if that makes you feel better then you are telling the next DECEASED it’s OKAY to do your drugs because WE SAY you aren’t at fault.  Now, is everybody happy?  We can mourn our loved one basking in the glow/knowledge that our loved one was an innocent lamb lead to slaughter.  And we can do so because we have discovered the real MONSTER.  BAD MONSTER.  Poor little victim.

I guess it makes a good story.  But does it change / improve anything.  Will our young people accept responsibility for their choices or will they continue to act irresponsibly knowing that mommy and daddy will say it wasn’t my fault.

It’s a culture we have of holding our princes and princesses innocent of wrong-doing.  It starts the first time they steal a penny candy from the store.  “Oh well, its only a penny candy and I don’t want to crush my child’s spirit or self-confidence so I won’t scold them or teach them right from wrong”.

GOD FORBID we ever feel any guilt or remorse or admit we were wrong.  Far better to leave in a “make believe world” where we can always be good/right and someone else is the monster.

Our culture teaches us to be the next DECEASED VICTIM.

You may choose not to fill in the blanks/intervening time between the penny candy episode and the drug seeking (or other wrongdoing) activity.

Denial, denial, denial.  But there’s one reality you CAN’T deny: DEATH.

Death won’t be bargained with.  It doesn’t have degrees of dead, you are either dead or you aren’t.

There is no “Dead but not at fault” or “Dead because of dumb activity”.

It’s just this simple: Dead or Not.

Even now I can hear some of you saying what a bad/nasty/cruel/heartless person I am.  You can’t accept any reality other than your dreamworld.  You set yourself up to fail and whether its me or the Pill Mill Doctor you will go to your grave without ever admitting it could be YOUR FAULT.  Feel better now?


Sep. 15, 2011, 12:53 p.m.

Anne , you are really making me angry about what u have just said she was Innocent !! She went to the ER not on her own but by her friend knowing she had stopped breathing , so there .She lies to her mom ,but she told the TRUTH to the attending Nurse on duty.Which was documented & faxed to her primary care killer.So don’t take my quote without reading it correctly.She walked into his office for HELP.What did she know was about to become of herself. He encouraged her to follow this regimen to become clean .If you were sick would you listen to a doctor or the woman at the grocery store.Why didn’t he say no answer that? Why did he throw all of his patients records in the dumpster? Why did he lie about prescribing Andrea Morphine in a deposition ? She went back to him to get clean so the drugs he gave her she assumed that they would work at the temptation of blocking the opiate receptors in her brain.You are an idiot at the least to say that 10 people wanted 2 die .John never wanted Andrea to die .Mr. Baile never wanted his wife of 40 years to die , and so on.So how did Staci know that this man had a reputation for giving out too many pills .The Medical Board never suspended his license so he was free & willing .When you have an insurance plan , you always need to go to a primary care physician first. Well he never refered her to any1 else he wanted to keep her as a patient .Answer me why would he prescribe her 310 Oxy’s in 10 days ? Knowing she walked into his office to GET OFF Oxy’s .So don’t give me or anyone this crap it was her fault .If you can answer all my questions I will apologize but for now you are being bi-pilor .Interested in what you have 2 say Anne.So you can honestly say this doctor should be given his license back ? He can go to hell .


Sep. 15, 2011, 12:57 p.m.

Technically this article is about the Debaun’s being sued for what ?An idiot doctor that hid all his money in his brothers name the financial accountant & his brother the laywer suing everyone because he is bored & an idiot also.So do you agree Anne with the Debaun’s being sued , its a friggin slap & a knife in the heart of all who died .We all feel the pain & like John said keep up the fight I will .Because of people like you who don’t understand what he did to us .


Sep. 15, 2011, 1:06 p.m.

Sorry, Lisa, I’m not here to make you happy.  I have tried my best to be sensitive to your needs and feelings however that isn’t good enough. 

Nothing will do except that I give in and join the “I’m an innocent victim” brigade.

Well then I guess that I’ll just have to be on the outside looking in.  I call it like I see it.

Claiming victimhood of someone who went willingly/knowingly to slaughter doesn’t make it in the real world.

Obviously it does no good to try to HELP you Lisa so I’ll be quiet now and let you continue to preach how someone who obviously knew enough to lie and conceal her activity is really innocent.

Have fun in that dream (nightmare) world of yours.


Sep. 15, 2011, 1:07 p.m.

Put yourself in a 19 year olds shoes doctor says take these 29 pills a day & you will feel better .That was her last month of life he saw her 2 weeks before she died . If he knew she was drug seeking why did he knowing help her achieve this goal .He is So resonsible he mind was infiltrated with 29 pills a day .By now she was so addicted & her brain was mush . He knew that & many of his office staff told him pharmacies told him .That is why the Medical Board took away his license


Sep. 15, 2011, 1:12 p.m.

“Because of people like you who don’t understand what he did to us .”

I disagree - it is people like you who don’t/won’t understand.  it feels too good to be victimized and hurts too much to accept responsibility.

I KNOW what is at stake is far more important than convincing someone about an innocent victim.

Keep playing games and people keep dying.  It’s up to you.

As for me, deal me out.  Stupid isn’t a game I choose to play.  Yes, I know (as I predicted only a minute ago) I’m a Cold/Vicious/Heartless person.  Have it your way.


Sep. 15, 2011, 1:13 p.m.

So I guess you couldn’t answer my questions just goes to prove you don’t have the answers ? If all 10 people who drug seeking please explain the 69 year old woman who died ,I highly doubt she was drug seeking.
“Have fun in that dream (nightmare) world of yours.” your quote
You can go to hell & back Anne Miss know it all .I thought you could see both sides but you are only seeing your Bi-Polar side today ??


Sep. 15, 2011, 1:14 p.m.

One final time - He is guilty BUT so is she.

Supply and Demand.  You figure it out.


Sep. 15, 2011, 1:18 p.m.

“You can go to hell & back Anne Miss know it all .I thought you could see both sides but you are only seeing your Bi-Polar side today ?? “

I’m perfectly sane and not at all bi-polar.

The fact that I refuse to dumb myself down as you have doesn’t make me crazy.

However, you reveal much about yourself.  Having refused to agree with you the only answer you can come up with is that I’m Crazy.

I’m not the one who killed myself by continuing to engage in risky behavior.

I don’t have to answer your questions.  I’ve explained myself clearly and I won’t be held captive to your mind games.

You’re sick.  I’m not.


Sep. 15, 2011, 1:22 p.m.

She is not guilty , she is a victim of a murderer .Many specialists from all over the country reviewed her medical record s, and were in awe over just how irresponsible he was to her .He killed her bottom line , & my job is to see he never gets is license back & goes 2 jail . Thanks for wishing me nightmares ?


Sep. 15, 2011, 1:23 p.m.

“So I guess you couldn’t answer my questions just goes to prove you don’t have the answers”

No, it proves I’m not going to answer the same questions and give the same information over and over again to someone who clearly doesn’t want answers.

Help isn’t what you want.  Answers are not what you want.

You’re on a “poor me, pity wagon” which is honestly, disappointing.  I tried to help be the voice of reason.

Mean and Nasty or
Trying to be Helpful

Either way, that’s me - over and out.


Sep. 15, 2011, 1:26 p.m.

“She is not guilty , she is a victim of a murderer “

Okay, have it your way.  Either way, whoever’s fault it was - she’s dead.  As far as her life and her potential was concerned - game over - she’s dead. 

Who had the most to lose?  She did.  And She Lost.


Sep. 15, 2011, 1:28 p.m.

No I am not on a poor me pity wagon .I feel bad for all the 10 people who left this world too early .So are you saying that Andrea chose to die ? That Dr. Buckwalter is correct for sueing the family ? I can’t seem to find your answer.You don’t have to agree with me but being so cruel to my niece is uncalled for .I hope you & your family have a healthy & happy life , that is all I wish for happiness & health for all.


Sep. 15, 2011, 1:35 p.m.

This is not a game if he was not practicing this wouldn’t of happened .To say my niece lost & she is dead is coming from a cold hearted bitc# . As you say you call it as you see it .So I can only bet you are loved by all & people just want to be around you all the time because you say it like it is , so you may tell your friends they are fat , ugly or poor. Nice .I respect my friends & family & if help is needed I am there for them , I help strangers that need it .So I will help all 10 people & families put up the fight of their life for JUSTICE .

Hector Gonzales

Sep. 15, 2011, 2:57 p.m.

Ok if this make sense to anybody let me see lady went to see doctor to get offa street drug.  So the doctor he give her methadone.  So is when she’s going to go home and od on methadone.  How that’s getting off street drug or anyone drug?

I not so sure to Andrea what happen but I think to get off drug you don’t go home to od on something else?

I have a brother he always going to stop his drug ways but he say the same thing he want to stop but he never.

People is dealing drugs on corner or in office either way is the way of the devil.

John DeBaun

Sep. 15, 2011, 4:02 p.m.

Anne with all respect, in this case you do not know what you are talking about, again HE NEVER EXAMINED ANYONE, HE FOLLOWED THE SAME PRACTICES WITH HIS PATIENTS, he lied under oath, he lied ,lied lied, and his lawyers are trying to cover for him, are you related to this guy ? you really should quit commenting while you are ahead, My daughter had serious injuries, he never looked at xrays or medical records, This Saturday is the 6th anniversay of my Son in Laws death, these people went to him because they trusted him as a doctor to do the right thing, he did anything but, when I called to speak to him ,they would not put the calls thru, someone in his office said to me ” no one told her to take all the pills !” she was a very slender girl, again SHE ONLY TOOK AS PRESCRIBED, WHAT DO YOU NOT UNDERSTAND ? Mr. Gonzales is right he was nothing but a drug dealer with an office instead of a street corner. We HAVE HEARD ENOUGH FROM YOU. No one said they were perfect people, but they did not have to die, especially since the medical board knew what he was up to in 2004, if they stopped him then none of this would have happened, and guess what he even mailed these prescriptions to his patients which is very much against the law, I was told this by his former office mgr.It took my daughter 23 days to pass away, he never called or said he was sorry.


Sep. 15, 2011, 5:24 p.m.

Your words belie your meaning apparently.  You begin “with all due respect” then progress to telling me that I really should quit while I’m ahead.  Ahead of what?  Is that a threat?

Then you say “WE have heard enough from you”.  Who is WE you are speaking for?

I accurately predicted the unfriendly reception my words would get in my exchanges with Lisa.  Now you are here to threaten and follow suit.  My words were mostly specific to what Lisa wrote about her niece if you can read correctly rather than attack.  Less specifically and in general my comments were about people who engage in drug seeking activity, myself included.

Do you think I enjoy being labeled as all the hateful things you’ve charged me with?  I don’t need this crap and I have other things I could be doing.  I’m trying, perhaps stupidly it seems, to send a message that needs to be heard.

You all would demonize me for speaking the truth as I know it to be.  You cannot abide someone who speaks the truth and doesn’t jump on your shame wagon who wants to assess guilty ONLY to the doctors.  More than once I specifically said that yes, the doctors appear to have been negligent.  You would be happy if I stopped there.  But I continued on to say that the person taking these drugs bears responsibility too.

And speaking of Mr. Gonzalez, please don’t pick and choose from his post only the parts you want to hear.  It seems he pointed out the absurdity of someone who says on the one hand they want to get off drugs, then goes to a known pill-merchant doctor and gets a prescription for methadone and promptly O on it.  Does that sound like someone who is sincere about getting off her drug habit?  You don’t go to a pill pusher by accident.  You don’t OD by accident.  You don’t go to the ER by accident.  And having been to the ER due to an overdose and lying about where you got your drugs (you want to protect your supplier after all) you don’t take advantage of the situation and confess your addiction and ask for help.  A perfect opportunity to check yourself in to a drug treatment program.  Instead you brush it off as a one-time thing that you did out of curiosity and say it was a friend that you procured your drugs from.

That does not sound like an innocent victim to me, it sounds like someone hooked on drugs, possibly street drugs, who wanted to get a “legal” supplier or else she mislead the doctor as to her intentions which then were not to get off drugs but to get a new supplier, maybe see if he had something more fun?  Cheaper?  Easier/less risky to get?

People like Lisa who, despite knowing the addicts true intentions (not what he/she says but what they do) must also be liable, if you wish to point fingers and assess guilt.  Instead of helping the addict get clean the message is “it’s okay to abuse drugs we won’t hold you accountable.  Instead we will lay, as Lisa said ONE HUNDRED PERCENT OF THE FAULT on the mean old doctor (who was giving you what you went to him to get).  Lisa has described very well the actions of someone who needed encouragement and help to get off these dangerous drugs.  Apparently she got neither.  She was left to exercise her freedom to choose.  You can’t have it both ways, claim your constitutional rights to do as you please and then claim ignorance when bitten.

We are a nation of lazy, irresponsible people who want to engage in careless even risky behavior but when the piper comes calling say “but its not my fault”.  To which I say, with ALL due Respect: BULLSHIT.

Because I won’t cooperate with your Get out of Jail Free Card you threaten me and attempt to intimidate me.

There is nothing for me to gain by what I say here.  I’m trying to get people to consider the truth that doctors may prescribe drugs but the people/patients are the ones taking them.  No one forces them down their throat or gives them intravenously against their will, they get a glass of water and voluntarily take these drugs.  Everyone hears the public service announcements about the dangers of drugs, about asking questions, about reading the literature, about TAKE ONLY AS DIRECTED, everyone has read about people who OD from street people to the rich and famous who OD and die.  And yet you want to claim total innocence and say “yes I took them, yes I’m adult, no I’m not an imbecile, yes I’m aware of the danger of drugs, yes I realize that’s why they require a prescription because they can be deadly, but in spite of all that I ADAMANTLY CLAIM to be an innocent victim with no culpability whatsoever.

That is about the dumbest thing I ever heard.  It’s denial and it gets you nowhere.  Either you want the truth or you don’t.

I repeat:  The doctor was at fault and so was the patient.


Sep. 15, 2011, 5:28 p.m.

Your daughter and son-in-law died within days of each other and you say both were due to the drug dealing of this doctor.  If your spouse dies due to an overdose of drugs prescribed by a doctor to me then it would make sense that I would also question what he did for me, the prescriptions he wrote for me, etc.

If your daughter had a problem for which she needed help then she should seek help.  If she sought help from a pill-mill doctor then she bears responsibility.

I’m not trying to take the moral high ground, it could have been me.  I flirted with the same danger.  I was lucky, I got out before I died as a result.

If you wish to label me as being a hateful person for attempting to share my message, my warning, then please feel free to continue but your intentions are clear.  You aren’t interested in the truth, you want someone to agree with you.

I exercise my free will to post what I know to be the truth.  I don’t have to give in to bullies and say what they want me to say.

And please don’t threaten me again because I won’t agree with you.  You don’t agree with me.  I have not threatened you and I would appreciate the same courtesy.


Sep. 15, 2011, 8:31 p.m.



Sep. 15, 2011, 8:53 p.m.

OMG Lisa - please stop screaming it makes you look hysterical.

I’ve given up caring what you think - you are beyond reach.  Hopefully a few people will read this and recognize the truth.

Your “doctor is 100 percent responsible and my niece is innocent” sealed the deal.  You’re delusional, I can’t help you.

As for me - I apoligize to no one.

My intentions are honorable.  Believe it or not, your decision.  Either way - the truth is the truth.  Darkness is not light no matter how you say it.


Sep. 15, 2011, 8:58 p.m.

Whether he was a pill-mill doctor or not, I’m sure he did not tell anyone to go home and OD.  If we don’t accept ultimate responsibility as the person who should care the most and who has the most to lose - who else is going to / should care more?

I advocate for personal responsibility.  The final analysis is up to us to use common sense, to research, to read instructions, to listen to our inner voice, our instincts, our survival instincts, our instincts for self-protection.

Those who choose to be irresponsible and blame everyone but themselves do so at their own peril.

I learned my lesson.  I had hoped to share the faith that it is possible to overcome addiction but no one can do it for you.

There is no pill to take that will help you be not addicted, that defies logic.  You have to love yourself enough to want to do what is best for you.


Sep. 15, 2011, 9:06 p.m.

So you actually believe that the doctor is correct in his lawsuit against Andrea’s family ?I think it is a damn same that this man thinks he is better then God .I do believe you owe John an apology .How can you not feel sorry for this family ,do you have ice water running through your veins .I feel very sad that a family has to endure years of pain with a lawsuit. I will continue my fight for all who died , under his care .He took an oath when he became a doctor to help not hurt.I guess you can call me anything u want but I will call myself a caring ,nurturing genereous,beautiful person.And there is more to me ...........I really don’t want to argue stress is no good ,but your intentions are dark & evil, I don’t know why u decide to be such a person ?


Sep. 15, 2011, 9:12 p.m.

Anne ,
If you say you know from your experience how 2 overcome addiction , you should share it with others .I just can’t understand how 2 people can read the same article & have completely differant opinions ,thats America for you .I wish you would understand where I am coming from why I am so angry about this doctor .I do believe we can come to an agreement on something about the article because I don’t want to argue .


Sep. 15, 2011, 9:56 p.m.

For the record I never said that I believed this doctor was correct in suing the young woman’s family.

Don’t put words in my mouth, you’re very good at that.

I have already given you the answer, or the beginning to conquering addiction.  That is accept responsibility.  Its no one’s responsibility to save us from ourselves.  True enough many have families who would, but its up to us to judge ultimately what we do to our bodies.  Each time I go to a doctor whether I have seen him many time or no times, its up to me to decide if I agree with his plan and his recommendations.  Doctors, a good doctor, would not be critical of a patient’s critical look at what he proposes.

The answer for not just addiction but for almost all our self-inflicted woes, stop looking for someone to blame.  It doesn’t matter if we had a crappy childhood or if our husband/wife cheated on us or if we didn’t get the promotion because some suckup did.    What matters is realizing we have one life to make of it the best we can.  We CAN CHOOSE to throw it away, we are free to do that.

It’s okay to need help, its okay to ask for help, its okay to accept help.  But the first step toward progress is accepting that we are the masters of our own destiny.

Yes, there some things that happen we have no control over.  If we are minding our own business obeying all the traffic laws and some idiot gets drunk and rams into us and injures us, it is not our fault and he/she should answer for what he’s done.  But as to matters of personal choice and responsibility, its on us.

There is no book to read or 10 steps that I practiced.  I just see so many people looking for someone to sue over something.  Sometimes we can sue multiple somebody’s.  I’ve already given examples of what I consider law suits of merit.  This doctor’s doesn’t fall into that list, its hypocritical, but neither do the lawsuits who wish t o find someone else at fault like mcdonalds if we are fat.

Our body - our life - choose wisely.  Blow it - you lose.

Everybody wants a pretty “feel good” answer, some comfort, some “there, there dear”.  If so - buy yourself a nice greeting card.

Otherwise, face facts - we have the most to lose if we blow it.  We owe it to ourselves not to abuse our bodies or purposely do things that we know can harm us.  If we do, then we are responsible.  The people who make things that they know will harm us are wrong - like cigarette manufacturers.  But each of us who smokes chooses to.  Yes, its hard to quit, life is tough - deal with it.

We’ve become a nation of wimps and wusses.  Time to grow up, pointing fingers won’t repair a ruined life or restore us to life if we end up dead because of something we did.  The time to make a difference is before shit happens.

That’s it.


Sep. 15, 2011, 10:07 p.m.

And, just for the record, I don’t owe anyone an apology for telling the truth as I know it to be and because I advocate for personal responsibility.  If a hospital/doctor covers up their bad advice, bad records, the fact that they’ve killed people by surgical carelessness or lack of attention and we have investigated and have every reason to believe but people covered it all up - that is wrong.  But no one has concealed from us that drugs can be dangerous or even deadly or that you can die from drug overdose or from mixing your chosen cocktail of drugs.  As rich as Michael Jackson was, he paid the same price for mixing/abusing drugs as the rest of us are liable to - he died.

I’m not here to say pretty stuff.  The world of full of pretty stuff that tells us all little girls are princesses who should sleep in pink beds with little pink princess dolls.

For those of us who are grown up - we are not princesses, this is no magic potion, no prince to rescue us.  Use your head, think.

No apology from me.

I EMPATHIZE with these people for their loss, I imagine how I would ache for my loved one if it were me, but I cannot say that those who take drugs without due caution do not hold at least some responsibility for their choice and the ultimate result.

It all comes down to if I want to say something that will make people think about the possible ramifications of what we do or if I just want to say that if we make bad choices that its somebody else’s fault.  Someone else may SHARE the blame, but they aren’t the ones who stand to lose their life, WE ARE.

John DeBaun

Sep. 15, 2011, 10:35 p.m.

Anne Nothing I said was meant as a threat, we have lost loved ones, his suit against my wife and myself was made only to intimidate US. If anything it is out of frustration by this whole situation, I just feel you do not know the true facts here, yes I knew something was not right with my daughter, but she trusted this Dr. because of her injuries she had a hard time making rational decisions, she was in constant pain, she had brain seizures, nothing in this world will ever give me peace and I have very little happiness, she was my only child, but he prescribed ungodly amounts of drugs and denied he did it, he is on video tape denying he did this, after all I have said here, I just see no reason how anyone can defend what he did, I at this point, do not care what you think about this, and I have been physically threatened by some of his patients, I do not know you, you have no idea what these families have gone thru , this whole discussion is getting out of hand, if you have other things to do ,please do them, as far as responsibility, Dr Buckwalter has not accepted any on his part.I have spoken to other families whos loved ones blew their brains out in front of their children, directly related to the treatment provided by Buckwalter. I really do not have anything else to say on this matter. You really just do not get it. Did Mrs Baile have to have her intestines explode because of what he did? Do not Dr’s take an oath to do no harm, I guess Buckwalter was not present that day.

John DeBaun

Sep. 15, 2011, 10:50 p.m.

Anne Nothing I said was meant as a threat, we have lost loved ones, and truthfully if you have other things to do please , do them . you are not involved in this situation, and your pontificating about liberal, socialist finger pointing is ridiculous, Bottom line is people have died because of him, did Mrs, Baile need to have her intestines explode and die, Did stacy and others have to blow their brains out in front of loved ones because of what he did, he has accepted no responsibility in any of this, his lawsuit was meant to intimidate us, nothing more,I have been physically threatened by his former patients because they could not get their ” MEDICINE” , you speak about finding peace and happiness, this will never happen, she was my only child, I really think you are spending way to much time on this, You just do not know all the facts, and it is very frustrating to read what you are saying. Please give it a rest. This is getting out of hand and the real point of all this is getting lost in the B.S. Enough Please !


Sep. 15, 2011, 11:44 p.m.

What part of this do you not understand?  As I said earlier:

“One final time - He is guilty BUT so is she.”

I said I empathize with you for your loss.  You are apparently angry because I won’t agree that ONLY the doctor is at fault.  I don’t know about the original reasons both your loved ones went to this doctor.  My statements were about accepting at least SOME measure of personal accountability.

I do not want to argue but I do not want statements or lack of statements attributed to me that are inaccurate/false.

Over and Out.

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