right to try

There have now been scores of cases seeking to compel a hospital to prescribe Ivermectin for COVID-19 patients. Most have been decided in favor of the ill patient. To be sure, these cases are usually heard on an emergency, ex parte basis, meaning without an opportunity for the hospital or doctor to sound in. Generally, the judicial opinion reeks of bald sentiment and judicial activism– the benevolent wish to give the dying patient a “last chance.” Reliance on good old-fashioned “law” is absent.