Why Do We Allow States to Limit Some Constitutional Rights More Than Others?

Failure to diagnose breast cancer cases are always difficult and experts struggle to explain the shifting science in the area. The evidentiary standards that must be met are very high. But juries can still be impressed, even in states that highly regulate and limit jury verdicts that should be protected by the 7th Amendment guarantee […]

A SCOTUS Victory For Pill Mill Doctors

I originally posted about this argument before SCOTUS in March here: Physician Liability for #OUD (Arguments in Ruan v. US) The High Court ruled in favor of the pill mill prescribers, setting aside their 25 year prison sentences. “After a defendant produces evidence that he or she was authorized to dispense controlled substances, the government […]

Med Mal Lawyers With Different Pandemic Takeaways

“Even though things were bad,” said Calora, “it doesn’t give people license to practice beneath the standard of care.” A Washington lawyer observes that the pandemic created a free for all in health care where providers were operating willy-nilly in the face of a poorly understood disease. In my own experience, it was the pandemic […]

The New England Journal of Medicine: We “Strongly Condemn” Dobbs (for reasons of health care)

By abolishing longstanding legal protections, the U.S. Supreme Court’s reversal of Roe v. Wade serves American families poorly, putting their health, safety, finances, and futures at risk. In view of these predictable consequences, the editors of the New England Journal of Medicine strongly condemn the U.S. Supreme Court’s decision.

Dobbs Will Have “Grave Consequences”

According to health care professionals, academics, and Forbes. The American Medical Association wrote in a statement Friday it is “deeply disturbed” by the decision, which it called an “egregious allowance of government intrusion into the medical examination room,” while the California Medical Association said it “undermines decades of progress in health care for pregnant people,” adding it is a […]

Dominion and Smartmatic Suit Against Fox Proceeds

The J6 Committee’s hearings are making it pretty clear that Giuliani, Sydney Powell, Jenna Ellis, and Lin Wood don’t have much protection. But we knew that from the sanctions entered against them in the courts where they appeared for the ex-president. Now the attention turns to the suits filed by the election machine manufacturers against […]

“Beauty is Truth, Truth Beauty”

This Keats quote made me think of something I posted a year ago. Lawyers’ war stories typically revolve around raucous and sometimes hilarious exaggerations (or not) of tumult and upset: epic fits and crying jags … confusion or hysterical screaming, crying, or babbling … horrifying threats and recriminations. All the better when those are punctuated […]

Why is rehab important?

Rehabilitation is relevant in personal injury litigation in two important ways. First, there are present rehab needs that must be recognized and fulfilled by treating care providers. This requires detailed attention to the physical problem at issue and the patient’s ability to work through those problems. Time and attention are the keys to the treatment […]