Legal brief addressing a ‘Not Guilty’ by reason of insanity in which psychiatric drug non-compliance was a factor

Compliance, or now more recently called adherence, is a topic well known to clinicians. Lack of taking medications results in the loss of any beneficial effects of any type of chronic (or even acute) drug therapy.

 

The topic was addressed in a recent murder trial in Cook County (Chicago, IL). For those of you who are health care professionals, this may interest you. For the lawyers, and do criminal (and possibly) civil law, the topic of compliance and adherence may be addressed in a variety of cases, not just murder cases.

Cannabis and Dentistry

Pharmaconsultant Partner, James J. O’Donnell PhD recently presented a seminar to the Lake County (IL) Dental (Society) on the topic of Marijuana: Considerations in Dental Practice. The PPT presentation provides a thorough review of marijuana pharmacology and toxicology information in general, and specific information relevant to Dentists. Anyone litigating (or using) marijuana may find this information useful and interesting. (PDF, 55 Slides)

Marijuana Toxicology Presentation

Marijuana usage is ubiquitous and growing, but not without consequences. Whatever your practice, marijuana may be involved.  View the presentation delivered at PACDL DUI & Motor Vehicle Summit on February 11, 2022 (PDF, 42 slides)

Contrast Media Toxicity Case Reports

We have been consulted in numerous interesting cases that demonstrate that even drugs deemed generally safe for use can show serious side effects if certain factors go wrong.

If the drug dosing is incorrect, if the drug is not administered properly, if too much drug is given (overdose),

The Opioid Crisis and What Has Been Learned

The Opioid Epidemic dominated the news for several years; Covid 19 virus pandemic has quieted the news but not the epidemic. We published a short article on the history and lessons learned for your information. Pharmaconsultant experts have consulted and testified extensively in opiate toxicity cases.

Beyond Medical Cannabis: Considerations for Updates to Hospital Policies and Procedures

Cannabis (marijuana) is classified as a schedule-I controlled substance, currently not accepted for medical use and with a high potential for abuse. As stated in a previous P&T article, although marijuana remains illegal at the federal level, 33 states have legalized its medical use for certain indications and 10 have legalized its recreational use.
 
Among those states are differing laws that regulate the possession or supply of usable marijuana, with certain states providing more flexibility than others when it comes to using medical marijuana.

Regulatory and Legislative Disparities With Cannabis Present Challenges to P&T Committees and Health Care Providers

Over the past several years, the legal status of cannabis has been determined by regulatory changes affecting its use, as well as the use of cannabidiol (CBD). Prior to 2018, CBD, along with all forms of marijuana, was considered a Schedule I controlled substance (CI), indicating that these drugs had no medical use and presented a high potential for abuse. On June 25, 2018, the Food and Drug Administration (FDA) approved Epidiolex (cannabidiol) for the treatment of Lennox-Gastaut and Dravet syndromes. Upon approval, …

Use of Regulations, Laws, Standards, and Best Practices When Prosecuting and Defending Hospitals in Drug Injury Lawsuits

During their professional training, health care practitioners take courses in medical law and regulation. And today, many states require practitioners, particularly high-risk professionals like physicians, to take some form of continuing education for risk management, to reduce the possibility of an error leading to a lawsuit.
 
Also, such education is often necessary for purposes of renewing state licenses or registration. Risk in this context refers to the legal liability or malpractice cases that may be brought by a patient or family member against the practitioner (physician, nurse, pharmacist, etc.) along with the entity (for example, the hospital) that employs the practitioner. Frequently, this includes a lawsuit against many practitioners as well as the entity

Forensic Analysis in Drug Litigation Finds Most Errors Occur with Commonly Used Therapies and Practices

In previous columns, we have explored various ways in which the historical basis for pharmacy and therapeutics (P&T) committees’ accreditation requirements and litigation matters have driven the need for sound P&T committees within health care entities. The importance of rational drug-use policy was covered in this column in 20172 and the topic has gained additional exposure as a result of recent Food and Drug Administration (FDA) and Centers for Medicare and Medicaid Services (CMS) initiatives. FDA Commissioner Scott Gottlieb accelerated

Marijuana in Injury Litigation: The New Alcohol

Medical Marijuana is legal in at least 2 dozen states and the approved indications are increasing. Recreational marijuana is legal in only a few, but more are to follow. Even without legal status, marijuana use is widespread, and with legalization, use will increase.
 
As forensic consultants, we have consulted on marijuana matters in a wide variety of civil and criminal matters, similar to our consultations in alcohol. Legal or not, if an event occurs, or a person is injured and marijuana use is suggested or detected, part of the focus will be on marijuana.
 
The attached lecture PPT addresses this matter and provides some case examples that may be useful or interesting.