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Two University of Colorado dental professors at the center of an investigation into the school's handling of prescription and sedation drugs repeatedly refused to answer questions about the allegations during depositions in an unrelated malpractice case.
A university-provided attorney advised Dr. Randal James and Dr. Paul Bottone not to answer questions, citing laws against "compelled self-incrimination," according to court documents in the El Paso County malpractice case.
"They pleaded the Fifth for them, basically, and wouldn't let them answer," said Miles Dewhirst, an attorney for one of the dentists who was sued in the malpractice case.
A Denver Post investigation found James had practiced at CU's School of Dental Medicine with an "inactive" state license since March 1, 2004 something that was allowed until last Aug. 5 by an exclusion in state law. However, The Post found that he continued seeing patients after the law changed, that he repeatedly signed a log used to track the use, disposal and inventory of controlled substances, and that dental students used the Drug Enforcement Administration numbers assigned to faculty members to write prescriptions even when those professors weren't present.
Neither James nor Bottone returned phone messages Thursday.
Bottone previously told The Post he routinely allowed dental residents to use his DEA number when writing prescriptions for painkillers.
DEA agents have interviewed faculty members and are reviewing the school's practices, and university administrators have hired two outside experts to look into the allegations.
James and Bottone are listed as expert witnesses for the plaintiff in an El Paso County malpractice case in which a man accused two other dentists of failing to properly diagnose cancer in his mouth. They were questioned under oath by the attorneys for the other dentists in late February and early March. Appearing at the deposition with them were Pat O'Rourke, CU's head litigation attorney, and Paul Faraci, a private lawyer retained by the university for James and Bottone.
Neither O'Rourke, who was on vacation, nor Faraci could be reached Thursday.
Attorneys advise silence
Jacque Montgomery, a spokeswoman for the university's dental school at CU's Anschutz Medical Campus in Aurora, said CU provided the attorneys in anticipation of questions that could violate patient privacy laws or breach confidential legal matters. She said it was not yet known how much the university would end up spending on legal fees to provide James and Bottone a private attorney in addition to the university counsel.
University attorney O'Rourke stepped in when James was questioned about a former patient whose mother has been interviewed by The Post. Faraci advised both men repeatedly not to answer questions about their drug-prescribing practices.
Marilyn Doig, an attorney for one of the dentists named in the lawsuit, asked James whether he had reason to think he was the subject of "a criminal investigation relating to your activity at the University of Colorado dental school."
"I'm going to object at this point in time," Faraci said, "and instruct him not to answer any questions on this based on state and federal constitutional guarantees against compelled self-incrimination."
He then advised James not to answer numerous questions: whether he saw patients when he didn't have a valid license, whether he ever used someone else's DEA number to write prescriptions, whether he instructed dental residents to use Bottone's DEA number to write prescriptions and whether he was subject to discipline at the time he made his license "inactive."
Faraci similarly advised Bottone not to answer questions on the same grounds. Among them: whether he was aware dental residents were using his DEA number to write prescriptions.
Dewhirst, a defense attorney in the case, has filed motions seeking to disqualify James and Bottone as expert witnesses and to sanction them for refusing to answer questions during their depositions.
Bruce Ross sued two Colorado Springs dentists, Dr. Noel Patton and Dr. William Allen, accusing them of failing to properly diagnose oral cancer. Allen has settled the case, but a trial on the allegations against Patton is scheduled to begin April 27.
A university-provided attorney advised Dr. Randal James and Dr. Paul Bottone not to answer questions, citing laws against "compelled self-incrimination," according to court documents in the El Paso County malpractice case.
"They pleaded the Fifth for them, basically, and wouldn't let them answer," said Miles Dewhirst, an attorney for one of the dentists who was sued in the malpractice case.
A Denver Post investigation found James had practiced at CU's School of Dental Medicine with an "inactive" state license since March 1, 2004 something that was allowed until last Aug. 5 by an exclusion in state law. However, The Post found that he continued seeing patients after the law changed, that he repeatedly signed a log used to track the use, disposal and inventory of controlled substances, and that dental students used the Drug Enforcement Administration numbers assigned to faculty members to write prescriptions even when those professors weren't present.
Neither James nor Bottone returned phone messages Thursday.
Bottone previously told The Post he routinely allowed dental residents to use his DEA number when writing prescriptions for painkillers.
DEA agents have interviewed faculty members and are reviewing the school's practices, and university administrators have hired two outside experts to look into the allegations.
James and Bottone are listed as expert witnesses for the plaintiff in an El Paso County malpractice case in which a man accused two other dentists of failing to properly diagnose cancer in his mouth. They were questioned under oath by the attorneys for the other dentists in late February and early March. Appearing at the deposition with them were Pat O'Rourke, CU's head litigation attorney, and Paul Faraci, a private lawyer retained by the university for James and Bottone.
Neither O'Rourke, who was on vacation, nor Faraci could be reached Thursday.
Attorneys advise silence
Jacque Montgomery, a spokeswoman for the university's dental school at CU's Anschutz Medical Campus in Aurora, said CU provided the attorneys in anticipation of questions that could violate patient privacy laws or breach confidential legal matters. She said it was not yet known how much the university would end up spending on legal fees to provide James and Bottone a private attorney in addition to the university counsel.
University attorney O'Rourke stepped in when James was questioned about a former patient whose mother has been interviewed by The Post. Faraci advised both men repeatedly not to answer questions about their drug-prescribing practices.
Marilyn Doig, an attorney for one of the dentists named in the lawsuit, asked James whether he had reason to think he was the subject of "a criminal investigation relating to your activity at the University of Colorado dental school."
"I'm going to object at this point in time," Faraci said, "and instruct him not to answer any questions on this based on state and federal constitutional guarantees against compelled self-incrimination."
He then advised James not to answer numerous questions: whether he saw patients when he didn't have a valid license, whether he ever used someone else's DEA number to write prescriptions, whether he instructed dental residents to use Bottone's DEA number to write prescriptions and whether he was subject to discipline at the time he made his license "inactive."
Faraci similarly advised Bottone not to answer questions on the same grounds. Among them: whether he was aware dental residents were using his DEA number to write prescriptions.
Dewhirst, a defense attorney in the case, has filed motions seeking to disqualify James and Bottone as expert witnesses and to sanction them for refusing to answer questions during their depositions.
Bruce Ross sued two Colorado Springs dentists, Dr. Noel Patton and Dr. William Allen, accusing them of failing to properly diagnose oral cancer. Allen has settled the case, but a trial on the allegations against Patton is scheduled to begin April 27.
