Florida Supreme Court to Rule on Medical Malpractice Damage Caps

2012 could be historic for injured patients if the Florida Supreme Court follows the lead of Georgia, Illinois, and other states who have declared caps on damages in medical malpractice cases to be unconstitutional. The courts have reasoned that limitations on damages violate an individual’s access to the courts, treat the medical profession different from all others, and often force the state taxpayers to absorb the cost of future care.

Medical malpractice law has always been a hot topic, especially in Florida, where extensive lobbying by hospitals, doctors, and the insurance industry has led to major changes affecting the rights of injured victims. While medical professionals have argued that malpractice lawsuits have caused billions of dollars to be wasted on unneeded medical tests; yet privately, they admit that these same tests would be ordered if the patient was their family member.

As Florida medical malpractice attorneys we have been closely monitoring the debate over medical malpractice caps, which is set to come before the Florida Supreme Court next year.

In 2003, a reform of Florida’s medical malpractice laws placed caps on how much a person could receive for pain and suffering in a medical malpractice case. The limits of $500,000 to $1 million for doctors, nurses and other health professionals and $750,000 to $1.5 million for hospitals and healthcare businesses was lauded as saving Florida’s medical community from closing up shop and heading out of state, Orlando Business Journal reports.

In 2005, an article from the Agency for Healthcare Research and Quality said the changes to the system made it “dysfunctional” and that other states should be leery of following in Florida’s footsteps. Opponents of the law believed that that victims of medical injuries would suffer because of less opportunity to collect damages no matter how sloppy the work of a doctor or medical facility. Supporters of caps on damages said that without the caps, Florida wouldn’t be able to retain top-notch physicians and specialists who would be willing to take the risk of operating or caring for sick patients.

The Florida Supreme Court is set to decide whether limits on malpractice damages are constitutional. Generally, pain and suffering (along with other non-economic damages) in a civil lawsuit are designed to compensate an injured person but they also can serve as a deterrent. In criminal cases where a judge may sentence a criminal defendant to a large number of years in prison, a jury in a civil case can make sure others pay attention with big verdicts in favor of those injured by medical malpractice.

The case before the Court stems from a 2005 birth injury lawsuit involving a wrongful death at an Air Force medical clinic. The case is Michelle Evette McCall et al v. United States of America. Despite early and prolonged low-blood pressure problems with the birth mother, the woman was not transferred to OB/GYN and an obstetrician was not brought in to perform a cesarean section. After delivering a healthy child, the mother’s condition deteriorated and she never regained consciousness. Michelle bled internally post-delivery and later died when the monitoring of her blood pressure, among other things, was neglected.

The family was awarded nearly $3 million at trial — but the award was lowered to $1 million because of Florida’s caps. The Federal judge determined that Florida’s cap was constitutional under the U.S. Constitution but he granted the plaintiff’s motion to certify the state constitutional issues to the Florida Supreme Court.

The Federal court has certified several questions to the Florida Supreme Court involving state constitutional grounds specifically asking the court to determine whether the caps violate state constitutional provisions pertaining to equal protection, access to the courts, right to trial by jury and separation of powers.

HealthGrades reports an average of 195,000 people a year are killed due to preventable medical error — or 6 times more than die in car accidents each year.

The ironic part of caps on damages in medical malpractice claims is that it harms the persons most seriously injured and most in need of help and support. While the argument has been repeatedly made that caps are necessary to keep good physicians in Florida, the testimony from the insurance industry at the time of passage of the law was that there was no real evidence of doctors leaving the state. Unfortunately, as soon as caps in any type of action go into effect the burden for paying the expenses of the seriously injured often quickly shifts to taxpayers.

Medical Malpractice is not the only area where the insurance industry is aggressively pursuing limitations on the right to recover damages. There are currently proposals to make it more difficult for injured motorists to make a claim against their own insurance company as will soon be reporting reported on our Florida car accident attorneys blog.

To speak to one of our experienced personal injury lawyers in Fort Myers or Fort Lauderdale call (239) 277-2005 or (954) 524-2424.

NTSB Recommends Complete Ban on Cell Phone Use by Truck Drivers

The National Transportation Safety Board has recently recommended that commercial truck drivers be prohibited from using hand-held or hands-free cell phones while behind the wheel.

As Florida trucking accident attorneys we have been following this issue and have come to the conclusion that the NTSB recommendations should be either be made into law or imposed privately by individual carriers. Despite a move last year by the Federal Motor Carrier Safety Administration to ban bus and truck drivers from text messaging, several horrific accidents have been blamed on distracted commercial drivers.

According to a report by CNN, the latest proposal comes in the wake of an accident in Kentucky where a 45-year-old trucker is accused of killing 10 people in a van while distracted by a cell phone. The truck in Kentucky crossed the median and slammed into the van, which was on its way to a wedding. An investigation revealed the driver had used his cell phone 69 times in the 24 hours before the accident and used it four times in the minutes before the crash.

This recommendation and others that target the use of cell phones in vehicles has been met with much opposition — primarily because the ban includes hands-free devices as well as those that are hand-held. The Governors Highway Safety Association reports more than 30 states have banned texting while driving. But only 8 states have banned all hand-held cell phone use.

No state has banned both hand-held and hands-free phone use, even though studies continue to show that hands-free cell phone use may be no safer. The National Safety Council now reports that 1 in 4 accidents can be attributed to a driver who is talking or texting on a phone.

In the last decade, the debate over phones and driving has exploded along with the popularity of mobile phones. In 2000, there were fewer than 100 million wireless subscribers. Last year, there were more than 275 million.

The National Highway Traffic Safety Administration reports that 1 out of every 9 fatal crashes involves a large commercial truck. In 2009, nearly 300,000 large trucks were involved in accidents, killing 3,380 and injuring 74,000. The same report showed that there were 179 fatal accidents in Florida that were caused by a large truck.

Distracted driving statistics are no better. The U.S. Department of Transportation reports that 5,474 motorists were killed and nearly 500,000 were injured in distracted driving accidents last year.

“These numbers show that distracted driving remains an epidemic in America, and they are just the tip of the iceberg,” said Secretary Ray LaHood.

Commercial drivers have an obligation when it comes to the safety of other motorists on the road. Driving an 80,000 pound truck at high speed demands that these professional drivers keep their eyes on the road and not on a cell phone.

To get more information about this along with answers to any injury related questions please contact our offices in either Fort Lauderdale or Fort Myers, Florida.

Are Drug Charges in Florida Really Unconstitutional?

Cases throughout Florida may end up coming unraveled if judges take note of what courts in Miami and Manatee County have done recently with drug cases that have been ruled unconstitutional, the Sarasota Herald-Tribune reports.

Cases of drug possession and drug sales may be dropped after Judge Mary Scriven, of the U.S. Middle District of Florida, ruled that Florida’s drug possession statute is unconstitutional because it lacks the element of intent — opponents argue that violates due process because it puts the legal burden on the defendant. Three circuit court judges have now asked the Florida Supreme Court to address the constitutionality question of Florida Statutes Section 893.13.

A Fort Lauderdale criminal defense attorney who is familiar with recent case law can often use evolving law to a client’s advantage. These precedent setting cases typically start at the trial-court level when a defendant and experienced lawyer see a legal issue that permits them to fight the charges.

In this case, the federal judge used a three-part test from the U.S. Supreme Court to analyze the statute: Whether the penalty imposed was slight, whether conviction resulted in substantial stigma, and whether the law regulates substantially dangerous or deleterious conduct. Clearly, a conviction of drug possession or drug trafficking fails this test.

The concept is simple: As the law stands, a UPS driver or U.S. Postal Service mail carrier could technically be charged with possession of prescription drugs if they are unknowingly delivering medicine to someone who doesn’t have a prescription. Obviously, that isn’t the intent of the law.

Thousands of drug cases swing in the balance as judges face the unconstitutionality of the law that currently guides them. Miami-Dade Circuit Judge Milton Hirsch has already cited the ruling in declaring the state law unconstitutional and dismissing 39 drug possession cases. In Manatee County, a judge recently dismissed charges against 42 defendants.

The Manatee judge wrote that there are many examples of a person being charged with possession of drugs, such as a roommate who has no knowledge that someone else has illegal drugs in the house. Lawmakers eliminated the intent part of the law in 2002.

Judges in other areas of the state are expected to take up the issue in the coming weeks as knowledgeable defense lawyers in Fort Lauderdale, Fort Myers use the ruling in the defense of clients facing drug charges in Florida. Meanwhile, the 2nd district court of appeal in Lakeland, Florida has sent a certified question to the Florida Supreme Court to ask the Court get involved and rule on the issue.

If you are in need of a defense lawyer, feel free to call our office to address any concerns you may have at 954.524.2424 in Fort Lauderdale or our Fort Myers office at 239.277.0005. The Garvin Law Firm has two locations to best serve the needs out clients throughout South and Southwest Florida.

$10,000 for Anyone Involved in a Car Accident ?

Sound too good to be true? Well it probably is…We’ve all heard the catchy jingles on our favorite radio stations announcing that after a car accident, we may be entitled to $10,000 in lost wages and benefits. DJ’s and “attorney spokesmen” encourage us to call one of these hot-lines from the scene of the accident—but is what they’re selling us for real?

The long and short answer is: Yes and No (answered like a true lawyer…I know.), but we realize, you probably already knew that. Many people, especially in South Florida, come to personal injury attorneys after even a minimal car accident looking for the $10,000 check that they’ve been hearing about on the radio or billboards.
What all these advertisements are referring to is your PIP (or Personal Injury Protection) Insurance, also referred to as No Fault Insurance. This insurance, which has long been the center of fierce debate in Florida, is the only type of mandatory auto insurance that Floridians are required to purchase. You may have even heard about this insurance from news reports of fraud, staged accidents, and Florida lawmakers constantly trying to regulate it in one direction or another.

According to this article on My Fox Tampa Bay, “Florida leads the nation in questionable insurance claims, which leads to you to paying more for car insurance.” And although an insurance coverage reform bill was presented in early May 2011, it was voted down by the Florida House Subcommittee on Health Care and Human Services.

So what about my 10 grand and what is all this talk about PIP Insurance? The state of Florida is known as a “no fault” state for automobile accidents. This means if you are in an auto accident in Florida, regardless of who is at fault for the collision, you first look to your own automobile insurer to pay a portion (up to $10,000) of your medical expenses and wage loss under your PIP (Personal Injury Protection) coverage for any injuries you received in the accident. This coverage protects you against losses you sustain as a result of personal injuries from an automobile accident and pays 80% of reasonable, necessary, and related medical expenses, as well as, 60% of your gross wage loss resulting from your accident-related injuries and mileage costs for transportation to and from doctor appointments.

The only way you can become eligible for any direct PIP cash is if your doctor states that you are unable to work, and even then, you will only get 60% of your lost wages. If you can’t work, that means that you are probably really hurt and will need this PIP money to help pay your medical bills

After the $10K is exhausted,you may have the right to recover your damages from the other driver. If the negligent driver has insurance you can recover your medical expenses and lost wages and, if you meet the threshold requirements of Florida Statute 627.737 which include a permanent injury, significant scarring or death, you can pursue a claim for your pain and suffering.

The insurance laws of the State of Florida are complicated and if your claim is not pursued correctly most insurance companies will deny (or offer a very small amount to settle) your claim. According to this investigation by Anderson Cooper and CNN; Insurance companies actually spend billions each year denying claims. To make sure that you recover all of your damages you should hire an attorney with significant experience in the field.

If you have any questions regarding Personal Injury Protection Insurance, or have recently been injured in a car accident, feel free to call our office to address any concerns you may have at 954.524.2424 in Fort Lauderdale or our Fort Myers office at 239.277.0005.

Jeff Garvin Awarded “Trial Lawyer of the Year” at FLABOTA Annual Convention

Each year, the Florida Chapter of the American Board of Trial Advocates (FLABOTA) presents the Trial Lawyer of the Year Award to one individual that has exemplified their selection criteria:  being an excellent advocate with a distinguished career, having a superb reputation of high ethics and fair play, and having achieved outstanding results for his or her clients. A lawyer can only receive the Trial Lawyer of the Year Award once in his or her career. Part of the esteemed award includes a $5,000.00 cash donation to the law school of the recipient’s choosing.

Members of FLABOTA select the recipient of the award, and this year Jeff Garvin, of the Garvin Law Firm with offices in Fort Myers and Fort Lauderdale, received the once in a lifetime honor. Garvin chose his alma mater and Jennifer Zedalils of the University of Florida College of Law was on hand to receive the cash portion of the award.

The Garvin Law Firm focuses their practice on personal injury, medical malpractice, and wrongful death law. Garvin was a charter member of the local FLABOTA Chapter and is the immediate past president of the statewide organization. Garvin has been recognized for taking aggressive measures to help stop legislative initiatives that threatened to harm the Florida court system and impair the independence of the judiciary.

Garvin states, “While I have enjoyed leadership roles in both community and statewide organizations during my 37 years as an attorney, the Trial Lawyer of the Year award from FLABOTA means more to me than any award or acknowledgment I have ever received, and I am deeply honored by it.”

In addition to the Trial Lawyer of the Year, the Jurist of the Year Award was presented to the Honorable J. Thomas McGrady, Chief Judge of the Sixth Judicial Circuit, and the Fran Peacock Coker Community Service Award to Attorney Wayne Hogan of Jacksonville, FL. The attendee list for the evening included Chief Justice Charles T. Canady and Former Chief Justice Peggy A. Quince of the Florida Supreme Court, as well as, Circuit Judges and Trial Lawyers from around the state.

The awards were presented last Saturday July 23rd at the 14th Annual FLABOTA Convention at the Hammock Beach Resort in Palm Coast, FL.

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Jeffrey R. Garvin: Garvin has practiced law for over 35 years in the state of Florida, and is currently in practice with his son, Leland Garvin, with offices in Fort Myers and Fort Lauderdale. The Garvin Law Firm focuses their practice on personal injury, medical malpractice, and wrongful death law, in addition to, select criminal defense cases. Among many distinctions, Garvin has been included in the Best Lawyers In America ® from 2006-2011, and chosen as the top personal injury lawyer in Fort Myers for 2011. He is also listed in Florida Super Lawyers, as well as, Law and Leading Attorneys in Florida. Garvin has been a member of ABOTA for 14 years, and currently serves as the Co-Chair of the ABOTA Legislative Review Committee.

Casey Anthony Trial: What the @#$! and Now What?

With the recent announcement of a not guilty verdict in the Casey Anthony trial, many onlookers are left to wonder how and why a case that seemed like a slam dunk could result in Casey Anthony walking free.

The backlash was seen not only in emotional crowds outside the courtroom, and across various broadcast channels, but with the advent of the internet and real-time sharing, many shared their opinions through Facebook, Twitter, and blog posts.

As referenced in the Palm Beach Post, the case was referred to as “the social media trial of the century.” Amy Singer, jury consultant for Anthony’s defense team, went on to say that at one point “over one million people were blogging about the trial, not including the thousands more who were either tweeting, texting, or discussing the case in online chat rooms.”

Many of these bloggers and influencers were convinced that Anthony was not only guilty, but they had actually come to hate her. It was unsurprising, when her verdict was read, that a general uproar and disappointment in our legal system came to light.

From this criminal defense lawyer’s perspective, however, our legal system did its job. What most people do not realize is that our legal system was designed under the premise that it is better for 10 guilty people to go free than convict a single innocent person. While our criminal justice system may favor the defendant by placing the burden of proof on the government, there are still many innocent people who are wrongly convicted. According to the Innocence Project, there have been 272 post-conviction DNA exonerations in the United States.

At any rate, this week’s jury’s verdict does not mean that Casey is innocent, only that she is not guilty. It means that the government was not able to prove that the crimes happened beyond and to the exclusion of every reasonable doubt. When the prosecution brings a case against a defendant, it is their duty to prove their case. In the Casey Anthony trial, the prosecution failed to prove the charges, the charges that they selected and chose to file.

As in the case of the Duke Lacrosse Team, it is the jury’s duty to keep the government in check, and protected from over zealous prosecutors, who have the freedom to bring charges against anyone they choose.

While the verdict may not be a popular one, the jury did their job and followed the law after fully examining every piece of evidence that they and only they had the opportunity to view. Many people across the nation are incredibly angry with the result of this case and there is even a movement to pass a law entitled “Caylee’s Law,” making it a federal offense and a felony for a parent or guardian to fail to report a child’s disappearance to law enforcement.

As a final thought, (and especially if you weren’t happy with the verdict) make sure you show up next time you receive a summons for jury duty; I heard a judge once say that it’s the second most patriotic thing you can do for your country, besides serving in the military during a time of war.

8 Quick Tips for Avoiding a DUI over the Holiday Season

For the most of us, the possibility of getting a DUI increases during the holidays.

The holidays are a time when we attempt to leave work at work and spend some quality time with the ones we love. The holidays also include parties and a drink or two with old friends.

In this post I wanted to pass on a few tips from the trenches during my experience as a prosecutor and now Florida DUI Defense Lawyer.

Tip 1. Don’t drink! Ok, this is an easy one but I felt obligated to include it in the post. Driving after you’ve had too many will not only cost you a lot of money but it could cost you your job and possibly your life, or the life of another.

Tip 2. If you insist on drinking alcohol, be smart about it.  Eat enough food to have a full stomach and watch those drinks. For a 120 pound female 3 beers/shots/glasses of wine in an hour and your right at .08 (Florida’s legal limit).Take a look at this link for a blood alcohol calculator and figure out your limit.

Tip 3. Make sure your vehicle is in good working order, your driver’s license is valid, and your registration is current. An expired tag or a bad tail light is a sure-fire way to get pulled over and peppered with questions from a law enforcement officer. If you live in Florida, you can quickly check the status of your driver’s license at the Florida Department of Highway Safety and Motor Vehicles website.

Tip 4. Obey every traffic law to the “T”. This means: no rolling stops, signaling every time you switch lanes, and keeping it between the lines.

Tip 5. If you decide to “sleep it off” in your car, make sure that the car is not running and the keys are nowhere near the ignition. I know it’s cold and the heat would feel so nice but don’t risk it. In Florida, a person can be prosecuted for DUI if they are in “actual physical control” of the vehicle; this has been interpreted to mean the ability to control use and non-use (aka. drive the vehicle if you wanted to). Throw those keys in the bushes!

Tip 6. If you do get pulled over, make sure that you have your driver’s license, insurance, and registration ready to hand to the officer. Fumbling and searching for this information is the first thing the officer will write in the police report.

Tip 7. Check the local paper and watch the news for any mention of a planned checkpoint stop. Not only will this add time to your commute but who wants to stand on one leg , touch your nose, or walk a straight line if it can be easily avoided.

Tip 8. Stay off your cell phone and leave the radio where it is; it doesn’t matter if you hate “Grandma got runned over by a reindeer”; Just let it play. You need to be focused on your driving; too many people die each year from Texting and Driving alone, add alcohol to into the mix and the results are incredibly deadly.

Not only will having a designated driver keep you from getting a DUI but it just might save a life . Impaired driving could not only ruin your life but it could ruin (or even end) the life of another.

I hope everyone has an amazing: Christmas, Chanukah, Kwanza, and any other holiday I forgot. In the event that your holiday season takes a turn for the worse, the Garvin Law Firm is here and ready to act in court on your behalf; we can help pick up the pieces and get things back on track; whether your facing a Criminal Arrest or injured an Auto Accident.

Jeff Garvin Selected as Fort Myers Personal Injury Litigator of the Year

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Jeffrey R. Garvin as the “Fort Myers Best Lawyers Personal Injury Litigator of the Year” for 2011.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Jeffrey R. Garvin on being selected as the ‘Fort Myers Best Lawyers Personal Injury Litigator of the Year’ for 2011.”

Supreme Court Rules No Life Sentences for Florida Juveniles

In May, the U.S. Supreme Court ruled that juveniles who commit crimes in which no one is killed can’t be sentenced to life in prison without the possibility of parole.

In the 6-3 majority opinion, Justice Anthony Kennedy wrote that the Eighth Amendment, which bans cruel and unusual punishment, forbids such sentences. The state must give youths “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation,” Justice Kennedy wrote.

The case, Graham v. Florida, involved Terrance Graham, who in 2003 robbed a Jacksonville restaurant at age 16 with an accomplice. Sentenced to probation, Graham was arrested a year later for a home invasion robbery and sentenced in 2005 to life in prison for violating probation. The case was argued before the high court in November 2009.

According to California Sen. Leland Yee, also trained as a child psychologist: “The high court has consistently recognized that children have a greater capacity for rehabilitation than adults. The neuroscience is clear; brain maturation continues well through adolescence and thus impulse control, planning, and critical thinking skills are still not yet fully developed.”

In 2005, the U.S. Supreme Court barred death sentences for crimes committed by juveniles under the age of 18.

Because of the ruling, 23 juvenile offenders in Miami-Dade and Broward counties alone must now be resentenced, and more than 100 statewide — the most in the nation.

This leaves Florida in a dilemma: it has no parole system. It was eliminated in 1983, on the reasoning that too many former inmates were committing serious crimes after being released early. Now, the state reviews only cases before 1983.

State prosecutors and legislators are scrambling for ways to meet the new court mandate, while preventing violent offenders from being released.

Florida Rep. Mike Weinstein, R-Jacksonville, says he plans to introduce a bill next year to create a parole system for violent juvenile offenders, who would be eligible after 25 years in prison. They would get a hearing every seven years, providing they have “demonstrated maturity and reform,” he says.

The Florida Prosecuting Attorneys Association (FPAA) has petitioned the state’s Executive Clemency Board to commute the sentences in question to life with the possibility of parole, with each case reviewed after 20 years. But Gov. Charlie Crist, in the middle of a tough U.S. Senate election campaign, is opposed, fearing offenders “not posing an imminent threat to Floridians, will receive parole and be released sooner, returning to our cities and streets,” spokesman Sterling Ivey recently told The Miami Herald.

But that leaves the issue unsolved, and because of the court decision, inaction is not an option.

For the time being, it’s left up to trial judges to decide how to resentence each defendant. FPAA president Bill Cervone, of Gainesville, says he’s concerned that will lead to “a mish-mash of results all over the state.”

Nancy Daniels, Leon County Public Defender and president of the Florida Public Defender Association. says, “There is a lot of fear right now. What if a judge just says, ‘OK, they’re not going to get a life sentence,’ but gives a 60-year sentence? That’s the functional equivalent of a life sentence.”

Florida Law Attempts to Reign in Pain Clinics

Nearly two years ago, a post here discussed the growing problem of unregulated pain-management clinics, so-called “pill mills,” and how South Florida – Broward County in particular – was ground zero.

According to the Centers for Disease Control, overdose deaths from painkillers are rivaling the No. 1 killer, traffic accidents. It attributes much of the increase to the overuse of prescription opiates such as OxyContin and Vicodin. In Florida, deaths from prescription-drug use rose from 2,780 in 2006 to 3,750 in 2008 – more than cocaine, according to the Florida Medical Examiners Commission.

You don’t even have to be a doctor to run a pain-management clinic. “You need a background check to get a liquor license — you can’t be a convicted felon and open up a bar — but you can be a convicted felon and open up a pain clinic,” says Broward Sheriff Al Lamberti.

But starting Oct. 1, 2010, a new law will go into effect that takes steps to regulate the clinics and punish offending doctors, although some think it isn’t far-reaching enough.

“No bill is perfect, but this lets the Department of Health and the police regulate, inspect, shut down and discipline [clinics and doctors] operating blatantly outside the legitimate practice of medicine,” says Bruce D. Grant, director of the Florida Office of Drug Control.

The law allows police to inspect patient files for violations without a warrant and enforces penalties for doctors, who can be charged with third-degree felonies and fined up to $5,000 a day of violations. Every clinic must be directed by a doctor with a clean record.

In addition, clinics are limited to selling patients only three days of pills at a time, making it more difficult for dealers who pay patients to buy drugs (however, clinics can get around the rule by charging more for an office visit and giving the pills away, skeptics point out). In 2009, members of the Bonanno crime family were charged with using pain clinics to distribute prescription drugs.

Still, the bill does not require the clinics to do criminal background checks on owners and employees, as other health clinics must.

And although the state has approved a database to track pill dispensing, there is no dedicated, ongoing funding source. Bruce Grant said that more than $500,000 in donations has been raised to pay for the prescription-tracking program, with three months to go in the campaign. The goal is to raise $1 million.

Laws for drug possession and abuse have grown progressively harsher, while the source has not been adequately addressed; according to an FBI report, 82.3 percent of all drug arrests in 2008 were for possession.

Now South Florida’s nearly 200 pain clinics and dozens of OxyContin-dispensing doctors, which have operated with no legal scrutiny, will face some accountability.