When a prescription for 30 days of painkillers is refilled by a pharmacy at less than 10 day intervals, what is going on? For one thing, it is likely that the patient is abusing the medication. For another, the pharmacy may become liable for harm caused by the overuse of the drugs. The Miami Herald reports on a decision of the Florida Supreme Court recognizing the legal responsibilities of...
As the Gulf Coast tries to rebuild after last years destruction by Hurricane Katrina, the Biloxi/Gulfport Sun Herald reports on the rash of injuries that can occur when communities try to put...
The always tongue-in-cheek Greedy Trial Lawyer brings my attention to a Florida medical malpractice lawsuit in which the defendants refused to settle for $275,000 before trial began. An Altamonte...
Do you bellieve Fast Food Restaurants should warn customers that their menu items are fatty? How about the Trans-Fat amounts? The recent lawsuit by the Center for Science in the Public Interest against KFC (Kentucky Fried Chicken) raises the question of whether the Courts are appropriate places to educate public and teach Fast Food chains a lesson about proper labeling. Consumers do have a...
On May 15, 2006, the U.S. Supreme Court accepted review in the case of NORFOLK SOUTHERN RAILWAY CO. V. SORRELL :170 S.W.3d 35 CA-MO, E. Dist; limiting the review to whether the court below erred in determining that the causation standard for employee contributory negligence under the Federal Employers Liability Act ("FELA ") differs from the causation standard for railroad negligence. The...
Today's St. Petersburg Times featured a provocative editorial concerning the repeal of the motorcycle helmet law by Gov. Jeb Bush in 2000. Since that repeal, motorcycle deaths in Florida have soared. The paper's editorial points out that if people choose to act foolishly, they should pay more in insurance so that the average taxpayer isn't saddled with the consequences of such foolishness. ...
Law Blogger John A Day, at Day On Torts, discusses the obligations of an attorney to play by the rules when certain testimony or evidence has been ruled inadmissible in advance by a trial judge. He recalls an incident in which an attorney informed the witness that even though the judge had already ruled the testimony inadmissible it could be volunteered by the witness. Ethical attorneys well...
Florida Today provides us with some thoughts that may keep us from becoming injured victims of road rage. Take the high road on the highwaysCool heads key to avoiding road rageAlthough road rage might not be considered a legal term, it is recognized by the Diagnostic and Statistical Manual of Mental Disorders as an intermittent explosive disorder, a very real behavior pattern that occurs when...
A letter not sent: An investigation at the hospital revealed that the letter...had never been sent. The hospital said a temporary secretary had been unfamiliar with correct procedures. When the letter was to inform the patient that his cancer had returned the results are tragic.EXCLUSIVE: NOBODY TOLD TAM HE HAD CANCERHe died in agony after results went missing for 10 months.. now his family...