Florida Court Okays $500,000 Maximum Award for Doctor Negligence, Medical Malpractice Plaintiffs Awards Are Capped

Unless the United States Supreme Court changes things, the decision of the United States Circuit Court of Appeals for the Eleventh Circuit has approved a Florida law that limits the amount that injury victims can receive in lawsuits based upon medical malpractice to $500,000 in noneconomic damages.

In other words, no matter how stupid or horrific the mistake made by the doctor or nurse, Florida plaintiffs can only obtain (1) reimbursement for expenses (their economic expense) and (2) $500,000 for everything else.

You can read the 11th Circuit's opinion here.

A few years ago, the Florida Legislature passed a law that limited medical malpractice claims' noneconomic damages (pain, suffering, etc.) to $500,000.00. It wouldn't matter what were the facts of a particular case -- no what a judge or jury thought, the law basically gave the health care provider a Free Pass after that amount was paid.

The brave family of one woman, Michelle McCall, who died in 2006 during childbirth due to a nurse's error combined with a doctor's failure to check Mrs. McCall's blood pressure. They challenged the justice of this by filing a wrongful death lawsuit.

McCall Trial Judge Approved $2,000,000 as Justice for Death of Michelle McCall

The Florida judge who heard the facts of the McCall tragedy held that they should receive to $2,000,000 million in non-economic damages. Under the Florida statute, this was gutted per the $500,000 cap. So, the McCall family appealed.

They argued that the statute was passed back in 2003 on a lie: back then, Florida's med mal cap was passed amidst a brouhaha that medical malpractice insurance premiums were going to skyrocket, and that soon it would be too risky and expensive for doctors to practice. The 2003 law was passed to help keep doctors' office doors open.

However, the McCalls, argued this was a Chicken Little argument, the sky never fell. So, the courts shouldn't respect the $500,000 cap when it was so obviously an injustice, disregarding what the judge had decided was a fair amount based upon the facts of the case.

McCall Family Stymied by $500,000 Cap Unless U.S. Supreme Court Helps Them - and Every Other Florida Victim of Serious Medical Errors

The appellate court was not swayed by the McCalls' arguments. Now, only if they have the financial stamina and emotional wherewithal to try and take their case to the Highest Court in the Land will this not be a slam-dunk win for doctors and their insurance companies in this state.

By Bryant Esquenazi on June 2, 2011 2:47 PM

Casey Anthony Opening Statements Today - Florida Example of How Trials Really Work, B4 You Get There

Casey Anthony's trial began today and in her attorney's opening statement, revelations were given to us all about how her daughter Caylee Anthony died, including allegations that her father George Anthony was involved in covering-up the drowning death of the toddler.

It's being called the biggest trial since O.J. Simpson and most of the news media, national and local, is covering this story. Nancy Grace has her show dedicated to this trial nightly.

You can watch the live feed of the Casey Anthony trial here.

True enough, this is a criminal trial. Personal injury cases have civil trials. Civil procedure and criminal procedure is different.

What Personal Injury Claimants and Plaintiffs Can Learn By Watching the Casey Anthony Trial

Nevertheless, anyone considering filing a personal injury case can learn a lot by watching this trial about what it means to be a plaintiff in a courtroom, fighting for justice when they or a loved one has been seriously injured or suffered a wrongful death.

In a Florida civil trial, just like a Florida criminal trial like the Casey Anthony trial going on now in Orlando, you will have the following:

The Judge
Sitting in robes above the rest of the participants, and able to see everything that's going on, the judge has the job of making sure that proper trial procedure is followed and that the law is followed: when necessary, the judge will make decisions on points of law.

The Jury
Civil plaintiffs must ask for a jury (and pay a jury fee); in criminal cases, they are mandatory unless the defendant waives the jury (and then the judge decides the case). In major cases, there are 12 jurors. In cases with smaller amounts in controversy, there may be less than twelve.

The judge decides what is legally admitted as evidence. The jury decides the facts based on the law given to them (in jury instructions) and the jury makes the final decision (verdict).

The Parties

In a personal injury case, the one who files the suit is the "plaintiff," and the one who is sued is the "defendant." The defendant learns of the lawsuit in pre-suit negotiations, usually; however, some defendants first learn of the lawsuit when they are served with notice of the complaint being filed.

The Evidence

Witnesses give testimony on the stand or via deposition. Witnesses also "prove up" documents that serve as evidence. This can take days or weeks.

The Record

A court reporter is responsible for keeping track of all that happens in the trial: recording all the words spoken and all the exhibits entered as evidence. The record will be the transcript of what the witnesses said in words and the documents that were admitted into evidence. This is what the appellate court reviews if an appeal is filed: the record that the court reporter has accumulated, sealed, and sent to the appeals court.

The Trial
Jury is selected

1. A panel of potential jurors is pulled from the jury room and they are brought to the courtroom. Attorneys for both sides question them, and the judge will sometimes ask questions, too. The goal is to get 12 unbiased people to serve on the jury, along with a couple of alternates.

2. Opening Statements

Lead attorneys for both sides make opening statements. Here, the lawyers give the jury an outline of what they will prove in the evidence. The Plaintiff's attorney gets to speak first at trial, before the defendant's attorney summarizes their defense.

3. Evidence is Given By Both Sides

Witnesses are called. The lawyer that calls the witness asks questions in "direct examination" and the opposition asks his/hers in "cross examination." Documents are presented as evidence as witnesses testify, unless the parties have argued documentary evidence already with the judge in a pre-trial motion.

4. Case Closes

After both sides are finished (they "rest"), then the attorneys give "closing arguments" to the jury.  Each side analyzes the evidence that has been presented during the trial, and argues how it fulfills his position. The Plaintiff will have the chance to rebut the defense's closing argument (and in a criminal case, the prosecution will offer a rebuttal)
5 Jury Decides

After the closing arguments, the judge will instruct the jury - and they will get written instructions that relate what the judge has said. They jury will then be escorted to the jury room to meet and decide. In some cases, they will be sequestered, and forced to stay in hotel rooms and away from their personal lives until they've reached a verdict.

6. Verdict is Issued

Once the jury decides, then the attorneys are contacted and everyone is asked to return to the courthouse to hear the verdict read to them.

By Bryant Esquenazi on May 24, 2011 1:38 PM

Miami Man Dies On American Airlines Flight NYC to Miami: Wrongful Death, Proximate Cause, Airline Common Carrier Injury Law, and Jurisdiction

This morning, while most of Miami is celebrating last night's victory by the Miami Heat over the Chicago Bulls in the NBA Eastern Conference Finals (85 - 75), the family and friends of an elderly man returning home to Miami from New York are grieving his death.

It seems that a 73-year-old Miami man got on an American Airlines flight, took his seat, and after takeoff, complained to the attendants that he wasn't feeling well.

People Who Tried To Help: Flight Attendants, On-Board Doctor

About 20 minutes after the plane departed JFK International, things got worse and the flight attendants were actively trying to resuscitate their passenger.

There was a doctor on board. He tried CPR and he used an AED (automated external defibrulator) on the Miamian. He was not successful in his efforts.

Tragically, the man died while the flight was in midair. American Airlines diverted things, and the plane landed in Virginia so the body could be removed from the flight. News reports do not let us know if the plane was grounded, or if it resumed flight to Miami (and this might be a big deal later).

The Norfolk Airport officials report that the local Virginia Medical Examiner is heading up the investigation into the Miami man's death.

Personal Injury, Wrongful Death, and Jurisdiction

New York, Florida, Virginia - all these states have laws that impact this case, and many others like it. Federal statutes and regulations may apply, as well.

Miami and most of South Florida is a cosmopolitan type of place: not only do we have tourists, but we've got residents who travel to other places. Vacationers. Snowbirds. Business travelers.

When serious injuries or wrongful deaths happen, then Florida lawyers have to sort through jurisdictional puzzles. What law applies where?

Jurisdiction decides what law will apply. There are state and federal laws that can overlap and conflict.

For example, Florida gives doctors immunity from liability under its Good Samaritan laws, but does Virginia? Does New York?

And, which law applies to a plane passing over other states with a doctor performing CPR mid-flight?

Florida's Wrongful Death statute defines which loved ones can use its provisions to sue for the wrongful death of someone who has died because of another's actions (or inactions).

Most states have special medical malpractice laws (you can read over Florida's medical malpractice statute here). Which ones would apply to the doctor here?

Federal law as well as all states have strict liability laws and agency regulations that apply to common carriers (air, train, bus). What laws and regulations apply to this American Airlines flight? Was there a violation of their duty to allow this man on board? Did someone neglect to see a very ill and old man in need of medical care before he took his seat?

Airlines are sued for severe personal injury and wrongful death, usually these are the result of plane crashes (see Perkins v Valujet Airlines as an example). Is American Airlines a future defendant?

Our condolences to the loved ones of this Miami gentleman who passed away on his way back home. Deepest sympathies.

And our understanding goes out to the lawyer that may be asked to sort through all these laws and regulations, state and federal, that may apply in this situation. It's a legal spaghetti bowl.

By Bryant Esquenazi on May 19, 2011 1:18 PM

Serena Williams Brush With Death: Pulmonary Embolisms Kill People, Often Basis for Wrongful Death Lawsuits

Here in Miami, a lot of people were very excited that Serena Williams would be staging her tennis comeback here, later this month. Serena was scheduled to appear at the Sony Ericsson Open (March 21 - April 3, 2011) where she was ranking no. 12, behind her sister Venus (ranked no. 6).

That's not going to happen now that Serena Williams is recovering from emergency, life-threatening surgery, over in Los Angeles.

Serena Williams Suffered a Pulmonary Embolism

Proving that pulmonary embolisms can happen to anyone, this world-class athlete was discovered to have a blood clot in her lung while doctors were checking her recovering foot injury (she had cut her foot on glass several months ago, in a German restaurant).

Serena Williams won Wimbledon last year for the fourth time, but she shares the same life experience as many travelers on long airline flights, those recovering from surgery (as she was), and others who for various reasons sit or lie for long periods of time without moving their legs.

Pulmonary Embolisms are a Common Basis for Medical Malpractice Lawsuits

Pulmonary embolism involves a blood clot blocking the arteries in the lungs, and in most instances, these blood clots have formed and traveled from the legs. Pulmonary embolism is sneaky: its victims appear healthy; however, they will usually start experiencing sudden shortness of breath along with chest pain and they will begin coughing -- sometimes that cough will include some red, bloody sputum. (For more, read the entire description of the condition provided by the Mayo Clinic.)

Medical Malpractice and Pulmonary Embolism

Today, medical malpractice in finding and treating pulmonary embolism is a leading cause of wrongful death worldwide. Deaths due to doctors failing to discover these blood clots in the lungs are higher in number than deaths from breast cancer and AIDS combined.

Physicians are required to meet their profession's 'standard of medical care' when treating a patient, whether or not that patient has all the signs and symptoms, or even if the doctor simply suspects that there might be a blood clot problem due to the patient meeting so many of the known risk factors.

If the doctor does not meet this standard of care, and his patient suffers or dies, then a legal claim arises for medical malpractice. This is, of course, a personal injury lawsuit. However, unlike other types of PI lawsuits, there are special laws that impact medical malpractice claims in Florida. Special filing deadlines apply. Limits on financial liability exists.

The Florida Medical Malpractice Statute

According to Florida Statute 95.11(7)(b):

An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday.

An "action for medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care.

The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.

By Bryant Esquenazi on March 3, 2011 1:28 PM

Charlie Sheen Isn't Stupid: An Example of How Lawsuits Are Built

Tonight, Charlie Sheen will appear on ABC for a lengthy interview on its 20-20 show - though if you've been following the news, you've probably already heard Mr. Sheen's loud and long protests against the cancellation of his CBS comedy, Two and a Half Men.

If you think that Charlie Sheen is a nut for roaming around and pontificating to Piers Morgan (CNN), Howard Stern, the crew at Good Morning America, TMZ.com, - well, the list goes on and on (the Washington Post calls this his "media storm") -- then you'd be wrong. Wrong.

Because while some may think that Sheen is crazy, he may well be crazy like a fox. Why? From a legal perspective, Charlie Sheen is doing a fine job of getting positioned for a big, fat lawsuit where millions (if not billions) will be on the line.

Lawsuits are Strategically Built, They Don't Spring Up Fully Formed

All lawsuits arise from a formal pleading (the petition or complaint) being filed down at the courthouse with the appropriate clerk, the original being placed in the public record and then copies being given to those who have been sued through a procedure called "service of process." However, that lawsuit didn't just start that day or that week.

Lawsuits are prepared and planned and built for weeks or months before that filing occurs. Facts are gathered, legal research is done. Evidence is made ready through the gathering of documents and the accumulation of witness statements.

You get ready for the fight in an aggressive, thorough manner. The claims that appear in that first filing are supported by lots of hard work and shrewd planning.

All plaintiffs work with their attorneys in this process. They gather evidence. They position themselves for the fight. They are an integral part of the team. And, if they're wise, they work with the potential defendants in an attempt to negotiate a resolution of the controversy before the legal war in the courtroom begins.

Which is exactly what Charlie Sheen is doing. Consider these things that we know and what they may well mean:

1. Charlie Sheen is represented by the Los Angeles law firm of Lavely & Singer - and Radar Online has published a letter that Sheen's lawyers have sent to Warner Brothers and CBS warning that Sheen has legal claims - that Sheen considers himself to be legally wronged.

Translate this to: Sheen's lawyers have given legal notice that a lawsuit - based on contractual damages as well as personal injury - may be forthcoming. Sheen's pondering and perhaps planning litigation - here's his formal notice to the parties he's considering suing. He's letting them know he has legal representation and they are letting the potential defendants know what these legal claims are.

2. Charlie Sheen is doing things now to counter any defense that might be asserted by these defendants. He's doing drug tests in front of the media - blood, urine - and coming out clean.

Translate this to: evidence that Steen is not operating under the influence through lab tests taken before witnesses who can testify that the tests were not fixed. Evidence here, not some stunt.

3. Charlie Sheen is ready to work. Sheen has repeatedly announced he's ready to continue with his TV show duties - even going so far as telling anyone who will listen that he would be showing up for work.

Translate this to: Sheen is letting everyone knows he's ready to continue with his contractual duties. He's not breaching here.

4. Charlie Sheen is actively seeking other projects. Movies, talk shows, etc. These don't seem to be panning out according to media reports.

Translate this to: Sheen is investigating whether or not he has been harmed by the things that have been said about him - has he been professionally injured, has he been legally defamed?

Say what you want about Charlie Sheen. Hate his show, or like it. Disapprove of his lifestyle or revere him as the new Hugh Hefner -- bottom line, Sheen is exemplifying an involved plaintiff preparing for a legal war and there are lessons to learn here.

By Bryant Esquenazi on March 1, 2011 1:32 PM

Florida Pharmacy Gets National Recognition for Fighting Big Pharma and Drug Fraud

In today's Los Angeles Times, the spotlight is being shown on a small pharmacy here in Florida that is serving as a role model for other drug stores across the country, to do their part in fighting fraud in the system. And there's a lot of fraud, as you know if you've been reading the news or following this blog. Billions of dollars scarfed up in overbilling Medicare and Medicaid on drug charges, for example.

Which is where Ven-a-Care's story comes in.

This Florida drug store is acting as a whistleblower in a simple way that is having complex repercussions. For example, the attorney general for the State of California attributes this Florida pharmacy's efforts with enabling his office in 2005 to file suit based upon one drug, vancomycin, against 39 drug companies with recovery efforts totalling almost $100 million thus far.

What is Ven-A-Care is doing?

Florida's own Ven-A-Care is taking the time to check into drug prices on the market and compare what Ven-A-Care is paying for certain drugs with the amounts that the drug manufacturers (read that: Big Pharma) is listing on their reimbursement requests to the federal and state governments. When there is a big, fat discrepancy then Ven-A-Care files a whistleblower suit (filed pursuant to special laws that allow an individual plaintiff to file a lawsuit against wrongdoing on behalf of the governmental entity being wronged).

They are soon joined by the appropriate governmental entity (federal or state) that has been defrauded, and the courtroom battles begin.

Not bad, for a little drug store here in Florida. Wonder if Pfizer and the other Big Pharma powerhouses know the name Ven-A-Care yet?

Of course they do. In today's PharmaLot article, they're already calling for caps on the amount of money that can be given to whistleblowers in these kinds of suits -- and pointing to the recognition given Ven-A-Care in the Los Angeles Times article as the reason to do so.

By Bryant Esquenazi on January 25, 2011 1:43 PM

GlaxoSmithKline Lawyer Lauren Stevens Charged With Federal Crimes: Miami, Can We Blindly Trust the Drugs We Take?

The blind trust in prescription drugs (and OTC medicines) that we here in Miami Beach as well as elsewhere across the country have may be very much misplaced, and the more lawsuits that are filed, the more obvious the scullduggery appears to be.

Last week, we were pondering the number of cases filed by former drug company employees, whistleblowing about the bad stuff they were seeing happening regarding both prescription drugs as well as over the counter medicines. Part of that involved GlaxoSmithKline admitting guilt to a crime and paying over $750,000,000 in settlement of both criminal and civil claims against it.

Miami and the Nation - We Are All So Dependent Upon the Integrity of Doctors and Drug Companies

Drugs that we take, and give our loved ones, we're thinking that doctors know best and that these medicines will help them get better, and have less pain as they recover. We're all so dependent upon the kindness (and integrity) of strangers here, aren't we?

Well, now there's a new battlefield in the war against dishonest drug companies as the federal government has brought a criminal action against Lauren Stevens, 60, in-house attorney for Glaxo Smith Kline. (Read the complete news release by the Justice Department here.) According to the New York Times, filing criminal charges against Ms. Stevens is part of the federal government's "long-promised crackdown" on pharmaceutical company executives.

Glaxo Smith Kline's lawyer has been charged by the Department of Justice with:

• one (1) count of obstructing an official proceeding
• one (1) count of concealing and falsifying documents to influence a federal agency and
• four (4) counts of making false statements to the Food and Drug Administration (FDA).

The first two charges each carry a maximum penalty of 20 years in prison. The four charges of making false statements each carry a maximum penalty of 5 years in prison.

Meanwhile, GlaxoSmithKilne wasn't named in the indictment and so far, hasn't been charged with a crime by the feds.

Do you use drugs made by GlaxoSmithKline? Odds are high that you do.

Curious about whether or not you or a loved one takes a drug or medicine manufactured by GlaxoSmithKline? Easy enough to check, just go down the list of drugs and vaccines they have listed on their web site. On there, you will see such well-known drug products as:

• Advair
• Amoxil
• Avandia
• Boniva
• Dexedrine
• Flonase
• Lamictal
• Paxil
• Valtrex
• Wellbrutin
• Zantac

Miami - Be Safe and Be Careful

As always, please remember that if you have a gut instinct that something isn't right with a pill or capsule or syrup - call your doctor. (Don't just automatically stop taking the medication until you speak with a health care professional, however, because cold turkey might have its own damaging repercussions.)

If harm has occurred take care of it first - safety and security are number one. After that, consider calling a lawyer. It's becoming glaringly obvious that lawsuits and money damages are what these drug companies respect, not the basic concepts of doing the right thing because it's the right thing to do.

By Bryant Esquenazi on November 11, 2010 1:01 PM

Maybe Dangerous Drugs - the FDA's AERS Online Database: Miami, Are You Aware of This List?

Here in Miami, I'm betting this list is news to many - not to mention folk living elsewhere in the country. However, there it is online and ready for viewing on the FDA's website: the Adverse Events Registry Service (AERS ), where drugs that might be dangerous are listed. That's right -- they're not recalled, they're not pulled from the stores, but they ARE listed here for possible bad juju as reported by someone who had a very bad experience with the prescription drug or over the counter medicine.

The AERS - Adverse Events Registry Service - Reports of Bad Drug Experiences Every Three Months

Online, the federal government is giving you notice of possible bad drugs or OTC medicine by listing reports coming in over a three-month period. Here's the list of medications from April to June 2010 (the latest one available when this post was published):

• Clindamycin injection (Cleocin)
• Dronedarone hydrochloride (Multaq)
• Etonogestrel implant (Implanon)
• Everolimus (Afinitor)
• Febuxostat (Uloric)
• Ferumoxytol injection (Feraheme)
• GnRH Agonists (Androgen Deprivation Therapy)
• Lanthanum carbonate (Fosrenol)
• Omeprazole products
• Simvastatin (Zocor)
• Saquinavir mesylate (Invirase)
• Tapentadol hydrochloride (Nucynta)
• Tetracycline products
• Trastuzumab (Herceptin)

These things sound pretty serious: hallucinations (Nucynta), convulsions (Implanon), "Serious cardiac disorders," (Feraheme) - whatever that means. Wow.

FDA Warns About Its Warning

Of course, above this listing there's lots of verbiage explaining things like "[t]he appearance of a drug on this list does not mean that FDA has concluded that the drug has the listed risk." Not to worry, right?

Because, the list just "...means that FDA has identified a potential safety issue, but does not mean that FDA has identified a causal relationship between the drug and the listed risk." Testing, testing, testing for that causal link - gotcha.

And, of course: "... [the] FDA wants to emphasize that the listing of a drug and a potential safety issue on this Web site does not mean that FDA is suggesting prescribers should not prescribe the drug or that patients taking the drug should stop taking the medication. Patients who have questions about their use of the identified drug should contact their health care provider. FDA will complete its evaluation of each potential signal/new safety information and issue additional public communications as appropriate."

Obviously, the FDA has lawyers, too.

Meanwhile, once again please remember that a drug is simply a product entering into the marketplace from a for-profit manufacturer. It can be defective, just like a child's car seat or a car's tire. There are laws in place to protect you and your loved ones from defective drugs -- but most importantly, if you or someone in your family has a concern that an over the counter medication or a prescribed drug is not doing as it should, then get to a doctor and get things checked out.

Be careful out there. It's not smart to be paranoid, but it's equally foolish to be too trusting of a drug these days.

By Bryant Esquenazi on November 4, 2010 2:30 PM

Prescription Drug Overdose: Comedian Greg Giraldo Death Joins Statistics Reaching Epidemic Proportions

Comedian Greg Giraldo died yesterday after his family took him off life support, and it's not disputed that Giraldo, 44, died as the result of an accidental overdose of prescription drugs. The news today is filled with a huge outpouring of condolences for the lawyer-turned-comic, each filled with both sadness and anger that such a talent has been lost to us all.

And, perhaps, some shock that the drugs that killed this man were not illegal street drugs, but medications prescribed by a physician. Greg Giraldo lapsed into unconsciousness and ultimately died after injesting drugs from a pharmacy and a doctor, not a street transaction with a pusher.

Prescription Drug Deaths are Skyrocketing in Number

Deaths resulting from prescription medication are becoming an epidemic in this country, and perhaps the only good thing that can come from Giraldo's tragic passing is an increased public awareness of this huge, national problem.

Already, media coverage of Giraldo's death returns to the recent drug overdoses that killed Heath Ledger, 28 (oxycodone, hydrocodone, diazepam, temazepam, alprazolam and doxylamine); Brittany Murphy, 32 (hydrocodone, acetaminophen, and chlorpheniramine and L-methamphetamine); and Anna Nicole Smith(wide variety of prescription and over-the-counter drugs including Valium, methadone for pain, and anti-anxiety and anti-depression drugs). But it's not just the rich and famous that are falling victim to prescription medication abuse.

Prescription Drug Deaths in Florida - "Our Greatest Public Health Threat"

In Florida, there is an increasing number of deaths due to prescription drugs, particularly pain killers. In fact, the Florida Department of Law Enforcement found oxycodone to have caused 1,185 deaths throughout Florida in 2009. According to the FDLE, this is a 249% increase in just four years (2005 compared to 2009).

Other prescription drugs that were found in the FDLE study contributing to the surge in prescription drug deaths in Florida include benzodiazepines (primarily Xanax) (1,099 deaths in 2009); methadone (720 deaths in 2009); ethyl alcohol (alcohol or ethanol) (559 deaths in 2009); and morphine (302 deaths in 2009).

From the FDLE Study:

"Prescription and over-the -counter abuse is growing faster than any other drug segment and law enforcement is responding with aggressive enforcement" said FDLE Commissioner Gerald Bailey. "FDLE and our partners are working daily to target traffickers, take out pill mills, and stop doctors who prescribe pain medicine without medical necessity."

"The illegal diversion and abuse of prescription drugs continues to be our greatest public health threat. Prescription drugs killed 2,488 Floridians in 2009, equivalent to nearly 7 deaths per day. The vast majority of these tragic deaths are due to accidental overdose, the risk of which is greatly enhanced by the mixing of potent, pure, and potentially poisonous prescription painkillers and depressants," said Bruce Grant, Director of the Office of Drug Control.

"The crackdown on pill mills initiated by the Lieutenant Governor's Prescription Drug Task Force's unprecedented partnership of law enforcement and health officials, new anti-pill mill legislation, and the proliferation of local ordinances banning new pill mills all highlight our initial efforts in a comprehensive campaign to stem this unacceptable situation. The implementation of the Prescription Drug Monitoring Program in December of this year, coupled with community-based prevention strategies like drug take-back programs, physician education, and treatment are all part of the long-term strategy to reverse this deadly trend."

To read the FDLE study in its entirety, go here.

By Bryant Esquenazi on September 30, 2010 4:54 PM

Lindsey Lohan, Prescription Drugs: California Investigates Her Doctors. Will She Sue?

Lindsay Lohan is looking better, right? Back to the red hair, back to the work ethic (reportedly)? Maybe it has all been the result of bad drugs. Bad prescription drugs. The story continues ....

Medical Board Investigation into Lindsay Lohan Doctors - Lohan Attorney's Letter Starts Ball Rolling

It's being reported at TMZ that the California Medical Board is formally investigating the physicians who prescribed an assortment of drugs to Lindsay Lohan. The Medical Board investigation purportedly began after Lindsay Lohan's attorney, Lisa Bloom, wrote the California Attorney General to formally complain about the doctors. The prescriptions included not only Adderal, but also Ambien, Dilaudid, Nexium, Trazodone, and Zoloft.

Will Lindsay Lohan Sue Her Doctors For Medical Malpractice?

Couple of weeks back, we pondered Lindsay Lohan's reported misdiagnosis of ADHD, and the possibility that she might have a lawsuit against her doctors for medical malpractice. Every state in the union has a set of laws that control when people can sue their doctors - and California has its own set of medical malpractice statutes.

Deadline to file for Medical Malpractice Set by Statute of Limitations

Lindsay has a deadline to file any negligence lawsuit against her former health care providers, a deadline set up by the California legislature. It's two (2) years from the date the harm is discovered (Cal. Code of Civ. Proc. Sec. 335.1).

Lindsay Lohan doesn't have to hurry and file today, however, or before the end of the year: so the fact that nothing's been filed isn't a clue that a lawsuit isn't being considered, even prepared.

However, considering that Lindsay Lohan's attorney wrote a letter to the Attorney General, complaining about the actions of her physicians is very curious. While the actions of the State of California would result in criminal proceedings (think Anna Nicole Smith), the facts and evidence derived from the state's investigation could be valuable in any medical malpractice civil case that Lohan pursued.

Medical Malpractice Case: Liability and Damages

Any med mal case - like any personal injury case -- is made up of two core elements: (1) proving liability of the defendants and (2) establishing your damages. The California investigation could help with the liability prong.

And Lindsay Lohan's rapid Phoenix-esque return to legitimate, A-list stardom? That would help establish the millions of dollars in career damage any negligent drug intake had upon Ms. Lohan.

Lindsay Lohan Has Around Two Years to Sue Her Doctors For Misdiagnosis

Lohan will need some time to build that career back up. She's got until the California limitations deadline to give it her best shot. Two years for a full comeback - and a tidy lawsuit.

By Bryant Esquenazi on September 14, 2010 11:49 AM

Michael Douglas Has Cancer: Do Catherine Zeta Jones and Mr. Douglas Have a Lawsuit?

Michael Douglas has announced he has state 4 throat cancer, which is very serious indeed. Announced? Michael Douglas has been very, very public about it. He has gone on The David Letterman Show to discuss his cancer fight (video here). He and his wife, Catherine Zeta Jones, have also given numerous media interviews about his condition.

Michael Douglas isn't just announcing -- he's proclaiming that he is in the fight of his life.

Catherine Zeta Jones, moreover, has been bold in her candid remarks to the press: as his wife and the mother of his younger kids, Zeta Jones is "furious" that no medical professional caught the cancer long before now. Zeta Jones has reported that she and husband Michael Douglas knew something was wrong.

They went to doctors. Tests were taken, examinations were had. Zip. Nothing found. Nada.

Until now, when Michael Douglas' throat cancer is already at stage IV. There isn't a stage V. When you compare the list of symptoms at the National Cancer Foundation with the complaints that Michael Douglas was taking to his physicians, you have to wonder. Doesn't seem like such a mystery here, to connect the dots.

Caught late, Michael Douglas claims an 80% chance of beating throat cancer

Michael Douglas has told David Letterman, along with the rest of us, that he's got an 80% chance of surviving this disease, and he's going to follow the standard protocol -- radiation, chemotherapy. Let's all hope and pray that he's right.

Not everyone agrees with the treatment approach Douglas is taking

However, there are professionals out there that don't agree with this type of response. Just today, in the Huffington Post, Dr. Mark Hyman writes a scathing article on the evils of the medical profession. Over at Natural News, Mike Adams shares information concerning current cancer treatments, and compares celebrities who choose the standard route (Patrick Swayze) with those that chose a lifestyle-approach alternative (Suzanne Somers). Dr. Hyman's article should be read.

Legally, what's available to Catherine Zeta Jones and Michael Douglas?

Medical malpractice claims -- negligence by physicians and possibly hospitals or clinics -- may be available to Mr. Douglas and his wife. If a health care professional makes a diagnostic mistake of this magnitude, then the law may make them responsible for that error. (Which is why doctors carry insurance, right?)

Wrongful death claims -- hopefully, this won't be an option, but it is in the law in the event that the worst happens. Every state in the union has a wrongful death law, passed by legislatures to bring justice to those who have been injured by the unjust death of another (husband, father).

If Michael Douglas does not win his fight, laws are already on the books to assist Catherine Zeta Jones in bringing the doctors who failed to find this cancer much earlier in time to account for their mistake. Let us hope she does not need to exercise this right.

By Bryant Esquenazi on September 8, 2010 7:08 PM