Gimme Back My Bullets (The Beginning of the End for Gun Manufacturer Immunity?)

Maybe the worst example of special protections purchased by wealth and power is the National Rifle Association’s death grip on the national legislature over the last few decades: blocking any meaningful regulation of sales and passing federal legislation granting certain immunities from civil suit. Perhaps the timing is a coincidence, but as the NRA’s power, […]

Swamp Music

My first year practicing law was the year Florida started limiting the rights of medical malpractice victims. “Tort reform” started in 1988 with Florida’s pre-suit screening rules, making it more difficult to hold hospitals and health care providers responsible for the catastrophic costs of malpractice. Not satisfied with these protections, Florida’s legislature later added changes […]

I’ve been giving the same advice about autopsies for twenty-five years …

From The National Law Review’s conclusion: Ultimately, the family of the patient must make this tough decision. Many people have religious and moral views about autopsies and choose not to have them performed. Further, many people tell their family that they do not want an autopsy in the event of their death and family members […]

Florida’s Wrongful Death Law Is Wrong

Florida bars any wrongful death claims for victims of medical malpractice where other families with different types of wrongful death claims are allowed to proceed. I have been fighting against this cruel law for most of my career. While the legislature dithers around with bills proposed to remedy this inequity (powerful insurance and health care […]

Vaping Is Unregulated: Do Your Homework.

Finally, we outline possible clinical disorders associated with vaping on pulmonary health and the recent escalation of acute lung injuries, which led to the declaration of the vaping product use-associated lung injury (EVALI) outbreak. It is clear there is much about vaping that is not understood. Consequently, until more is known about the health effects […]

Opioid Use Disorder (OUD): Big Pharma and Medicine Made Off Like Bandits but what is the Human Cost?

Prison Time for Virginia Doctor Abusing Prescription Privileges  A former Virginia doctor has been sentenced to three years in prison for writing prescriptions that mixed powerful painkillers into narcotic cocktails that killed at least four of her patients, officials said, I am working on cases involving opioid use disorder (OUD) and the misdiagnosis and treatment […]

Evidence Monday: True Stories of Negligence #1

The jury didn’t even get to hear that … “At the time he treated Hoag, the oncologist was on federal probation after pleading guilty in 2014 to one misdemeanor count of receiving an adulterated or misbranded cancer drug.” New Mexico Jury Finds for Patient in Failure to Diagnose Cancer Case