Posted by Kenneth McKenna on February 18th, 2009
Some Florida doctors are now requiring patients to sign a document promising not to post Internet comments about them without permission, according to Florida Health News. Patients who sign the Mutual Agreement to Maintain Privacy document promise they “will not denigrate, defame, disparage or cast aspersions upon” the doctor and will do all in their power to prevent friends or family members from doing so. The ban applies whether the patients identify themselves or remain anonymous.
This is a blatantly transparent attempt to prevent patients from posting negative comments about their doctor, and it is likely unenforceable because of the restriction on freedom of speech. Notably, the document does not prohibit patients from posting positive comments about their physician. The message: If you are happy with my care, tell the world. If not, you cannot tell a soul.
It also represents yet another attempt by the medical community to avoid accountability for their actions. In the legislature, they have sought immunity from suit; and now, in the office, doctors are conditioning treatment upon patients waiving their constitutional right to speak out when they receive poor medical care.
Physicians would be better served by communicating more thoroughly and directly with their patients to ensure overall satisfaction and quell any discontent rather than including in these types of gag orders with their new patient forms.
Related categories: Medical Malpractice
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Posted by Doug Martin on February 11th, 2009
Next month, the Florida Legislature will consider a bill to prohibit the operation of a moving vehicle while reading, manually writing or typing, or sending messages on electronic wireless communication devices, according to a report in the Gainesville Sun. Seven states already prohibit text messaging while driving and nine other states ban the practice specifically for teenage drivers.
The American Medical Association supports such laws, calling text messaging while driving “a public health risk.” The National Safety Council calls the use of a wireless communications device while driving “one of the most significant distractions that affects driving performance.” Even the recent Will Smith movie “Seven Pounds” addressed the dangers of text-messaging while driving.
Opponents, however, point out that text messaging isn’t the only distraction that drivers face. People also drive while eating, drinking, listening to the radio, talking to passengers and reading. They argue that existing laws already address such careless driving behavior.
Our firm has seen its share of cases involving persons who were injured as a result of negligent drivers sending text messages or dialing while driving. I’m happy to see the Florida Legislature doing its part to address this dangerous situation.
Related categories: Car Accidents, Personal Injury
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Posted by Brian Wilson on January 28th, 2009
An Orange County, Florida sports bar is under investigation for serving a teenager alcohol before he lost control of his car and died. The teen’s family believes the bar should be held responsible if the allegations are true, and I agree.
Unfortunately, this is an all too familiar story. Many times, businesses that sell alcohol put profits ahead of protecting minors and the public from the consequences of underage drinking. Florida’s legislature has gone to great lengths in recent years to make it more difficult to hold these businesses responsible. That needs to change.
Related categories: Personal Injury
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Posted by Brian Wilson on January 12th, 2009
Our firm recently represented a Central Florida woman who was severely injured in a horrific car accident caused when another driver ran a stop sign. The car accident left her with permanent injuries to her neck, back, shoulders, knees, legs and ankle, and persistent pain that, at times, requires her to walk with a cane. She is only 45 years old and will have to endure these injuries for the rest of her life.
Last month, a Marion County jury awarded her $2.7 million in compensation for her medical injuries and lost earning capacity. This is a significant dollar award for Marion County and illustrates the jury’s attentive deliberations in delivering a personal injury award commensurate with the defendant’s negligence and the extensive injuries that have drastically changed our client’s life. The award also sends a strong message to others who may deliberately or unintentionally run stop signs that the consequences of their action can be devastating both personally and financially.
Related categories: Car Accidents, Personal Injury
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Posted by Kenneth McKenna on January 7th, 2009
A 34-year-old Central Florida man was killed when his motorcycle was hit by a drunk driver who lost control while driving someone else’s car. The driver was convicted of DUI manslaughter and is currently serving a 15 year sentence.
Our firm represented the man’s widow to recover damages resulting from the wrongful death of her husband. In December 2008, a Polk County jury awarded her $3 million. This case sends an important message that the consequences of drunk driving can be devastating both personally and financially.
Related categories: Car Accidents, Motorcycle Accidents, Wrongful Death
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Posted by Doug Martin on December 9th, 2008
In this day and age, healthcare is always a hot topic, especially when it comes to medications and insurance companies. Now, a Florida consumer group is urging the public to be wary of prescription drug “switching” that can reduce the cost of a medicine, but also result in a substitute drug with a different chemical make up. The warning comes as health insurance plans have begun contacting members to urge them to switch from brand name medications to so-called “generic alternatives.”
While generic medications can be cost-effective and appropriate alternatives, it is important to get the approval of your prescribing physician. Patients pay health care premiums to their insurance company so that, when the time comes, the insurance company will step up and pay for the necessary medications that are covered by the policy. Insurance companies should put their patients’ health first and not base the decision to switch medications on an attempt to save a few dollars at the risk of causing injury to the patients.
Related categories: Insurance Company Bad Faith, Medical Malpractice
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