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<channel>
	<title>DWKM&#038;R Blog</title>
	<link>http://dwklaw.com/blog</link>
	<description></description>
	<pubDate>Wed, 18 Feb 2009 14:28:47 +0000</pubDate>
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	<language>en</language>
			<item>
		<title>Florida doctors are wrong to silence unhappy patients</title>
		<link>http://dwklaw.com/blog/2009/02/18/florida-doctors-are-wrong-to-silence-unhappy-patients/</link>
		<comments>http://dwklaw.com/blog/2009/02/18/florida-doctors-are-wrong-to-silence-unhappy-patients/#comments</comments>
		<pubDate>Wed, 18 Feb 2009 14:28:47 +0000</pubDate>
		<dc:creator>Kenneth McKenna</dc:creator>
		
		<category><![CDATA[Medical Malpractice]]></category>

		<category><![CDATA[bad doctors]]></category>

		<category><![CDATA[bad medical care]]></category>

		<category><![CDATA[medical mistakes]]></category>

		<category><![CDATA[unhappy patient]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/02/18/florida-doctors-are-wrong-to-silence-unhappy-patients/</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.  </p>
<p>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.</p>
<p>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 <a href="http://www.dwklaw.com/html/pa-medical-malpractice.html">poor medical care</a>.  </p>
<p>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.</p>
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		<title>Florida Bill Targets Negligent Drivers Who Text Message</title>
		<link>http://dwklaw.com/blog/2009/02/11/florida-bill-targets-negligent-drivers-who-text-message/</link>
		<comments>http://dwklaw.com/blog/2009/02/11/florida-bill-targets-negligent-drivers-who-text-message/#comments</comments>
		<pubDate>Wed, 11 Feb 2009 20:21:06 +0000</pubDate>
		<dc:creator>Doug Martin</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[careless driving]]></category>

		<category><![CDATA[cell phones and driving]]></category>

		<category><![CDATA[negligent drivers]]></category>

		<category><![CDATA[texting and driving]]></category>

		<category><![CDATA[wreckless driving]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/02/11/florida-bill-targets-negligent-drivers-who-text-message/</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>The American Medical Association supports such laws, calling text messaging while driving &#8220;a public health risk.&#8221;  The National Safety Council calls the use of a wireless communications device while driving “one of the most significant distractions that affects driving performance.&#8221;  Even the recent Will Smith movie “Seven Pounds” addressed the dangers of text-messaging while driving.</p>
<p>Opponents, however, point out that text messaging isn&#8217;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.</p>
<p>Our firm has seen its share of cases involving persons who were injured as a result of <a href="http://www.dwklaw.com/html/pa-auto-accidents.html">negligent drivers</a> sending text messages or dialing while driving.  I’m happy to see the Florida Legislature doing its part to address this dangerous situation.  </p>
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		<title>Bar should be held responsible for death of underage drinker</title>
		<link>http://dwklaw.com/blog/2009/01/28/bar-should-be-held-responsible-for-death-of-underage-drinker/</link>
		<comments>http://dwklaw.com/blog/2009/01/28/bar-should-be-held-responsible-for-death-of-underage-drinker/#comments</comments>
		<pubDate>Wed, 28 Jan 2009 16:07:51 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
		
		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[bar negligence]]></category>

		<category><![CDATA[drunk driving death]]></category>

		<category><![CDATA[drunk driving injury]]></category>

		<category><![CDATA[serving alcohol to underage drinkers]]></category>

		<category><![CDATA[underage drinking]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/01/28/bar-should-be-held-responsible-for-death-of-underage-drinker/</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>An Orange County, Florida sports bar is under investigation for <a href="http://www.dwklaw.com/html/pa-personal-injury.html">serving a teenager alcohol </a>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.</p>
<p>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&#8217;s legislature has gone to great lengths in recent years to make it more difficult to hold these businesses responsible.  That needs to change.</p>
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		<title>Central Florida jury awards $2.7 million to our client injured in a stop sign-running accident</title>
		<link>http://dwklaw.com/blog/2009/01/12/central-florida-jury-awards-27-million-to-our-client-injured-in-a-stop-sign-running-accident/</link>
		<comments>http://dwklaw.com/blog/2009/01/12/central-florida-jury-awards-27-million-to-our-client-injured-in-a-stop-sign-running-accident/#comments</comments>
		<pubDate>Mon, 12 Jan 2009 18:47:44 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[back injury]]></category>

		<category><![CDATA[Car accident]]></category>

		<category><![CDATA[compensation]]></category>

		<category><![CDATA[neck injury]]></category>

		<category><![CDATA[negligence]]></category>

		<category><![CDATA[permanent injuries]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/01/12/central-florida-jury-awards-27-million-to-our-client-injured-in-a-stop-sign-running-accident/</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>Our firm recently represented a Central Florida woman who was severely injured in a horrific <a href="http://www.dwklaw.com/html/pa-auto-accidents.html">car accident </a>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.</p>
<p>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&#8217;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.</p>
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		<title>Jury awards $3 million to our client left widowed by a drunk driver</title>
		<link>http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/</link>
		<comments>http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/#comments</comments>
		<pubDate>Wed, 07 Jan 2009 18:54:33 +0000</pubDate>
		<dc:creator>Kenneth McKenna</dc:creator>
		
		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Motorcycle Accidents]]></category>

		<category><![CDATA[Wrongful Death]]></category>

		<category><![CDATA[Florida]]></category>

		<category><![CDATA[million dollar verdict]]></category>

		<category><![CDATA[motorcycle death]]></category>

		<category><![CDATA[negligent drunk driver]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2009/01/07/jury-awards-3-million-to-our-client-left-widowed-by-a-drunk-driver/</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>A 34-year-old Central Florida man was killed when his <a href="http://www.dwklaw.com/html/orlando-motorcycle-accident-lawyers.html">motorcycle</a> was hit by a drunk driver who lost control while driving someone else’s <a href="http://www.dwklaw.com/html/orlando-car-accident-lawyers.html">car</a>.  The driver was convicted of DUI manslaughter and is currently serving a 15 year sentence.  </p>
<p><a href="http://www.dwklaw.com/html/about.html">Our firm</a> represented the man’s widow to recover damages resulting from the <a href="http://www.dwklaw.com/html/pa-wrongful-death.html">wrongful death</a> 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.  </p>
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		<title>Consumer group issues generic medication warning</title>
		<link>http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/</link>
		<comments>http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/#comments</comments>
		<pubDate>Tue, 09 Dec 2008 14:06:37 +0000</pubDate>
		<dc:creator>Doug Martin</dc:creator>
		
		<category><![CDATA[ Insurance Company Bad Faith]]></category>

		<category><![CDATA[Medical Malpractice]]></category>

		<category><![CDATA[]]></category>

		<category><![CDATA[generic drugs]]></category>

		<category><![CDATA[insurance denial]]></category>

		<category><![CDATA[medication error]]></category>

		<category><![CDATA[prescription fraud]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/12/09/consumer-group-issues-generic-medication-warning/</guid>
		<description><![CDATA[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 &#8220;switching&#8221; that can reduce the cost of a medicine, but also result in a substitute drug with a different [...]]]></description>
			<content:encoded><![CDATA[<p>In this day and age, <a href="http://www.dwklaw.com/html/pa-medical-malpractice.html">healthcare</a> is always a hot topic, especially when it comes to medications and <a href="http://www.dwklaw.com/html/pa-insurance-company.html">insurance companies</a>.  Now, a Florida consumer group is urging the public to be wary of prescription drug &#8220;switching&#8221; 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 &#8220;generic alternatives.&#8221;</p>
<p>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.</p>
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		<item>
		<title>Walmart’s negligence results in wrongful death lawsuit</title>
		<link>http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/</link>
		<comments>http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/#comments</comments>
		<pubDate>Fri, 05 Dec 2008 15:27:24 +0000</pubDate>
		<dc:creator>Doug Martin</dc:creator>
		
		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[Wrongful Death]]></category>

		<category><![CDATA[retail negligence]]></category>

		<category><![CDATA[shopping injury]]></category>

		<category><![CDATA[store negligence]]></category>

		<category><![CDATA[Walmart injury]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/12/05/walmart%e2%80%99s-negligence-results-in-wrongful-death-lawsuit/</guid>
		<description><![CDATA[Who didn’t see this one coming?  The family of an employee trampled to death by bargain-hunting holiday shoppers at a New Jersey Walmart has filed a wrongful death lawsuit, saying the store’s ads offering deep discounts created an unsafe environment.  Anybody who’s seen the video footage of the store’s frantic customers knew this [...]]]></description>
			<content:encoded><![CDATA[<p>Who didn’t see this one coming?  The family of an employee trampled to death by bargain-hunting holiday shoppers at a New Jersey Walmart has filed a <a href="http://www.dwklaw.com/html/pa-wrongful-death.html">wrongful death</a> lawsuit, saying the store’s ads offering deep discounts created an unsafe environment.  Anybody who’s seen the video footage of the store’s frantic customers knew this was going to happen, and no one knew the risk better than Walmart.</p>
<p>This is a sad example of big business putting profits ahead of individuals by cutting corners on training and adequate security.  At DWKM&#038;R, we pride ourselves on having the ability and resources to stick up for individuals like the late Mr. Damour against big businesses.</p>
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		<title>Motorcycle accidents cause serious injuries; serious medical bills</title>
		<link>http://dwklaw.com/blog/2008/11/18/motorcycle-accidents-cause-serious-injuries-serious-medical-bills/</link>
		<comments>http://dwklaw.com/blog/2008/11/18/motorcycle-accidents-cause-serious-injuries-serious-medical-bills/#comments</comments>
		<pubDate>Tue, 18 Nov 2008 16:15:01 +0000</pubDate>
		<dc:creator>Anthony Sos</dc:creator>
		
		<category><![CDATA[Motorcycle Accidents]]></category>

		<category><![CDATA[]]></category>

		<category><![CDATA[motorcycle accident]]></category>

		<category><![CDATA[motorcycle injury]]></category>

		<category><![CDATA[motorcycle lawsuit]]></category>

		<category><![CDATA[uninsured motorist]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/11/18/motorcycle-accidents-cause-serious-injuries-serious-medical-bills/</guid>
		<description><![CDATA[Motorcycle accidents involving riders who don’t wear helmets are resulting in big bills in Central Florida hospitals, according to an Orlando TV station which reported the cost to treat injured riders in 2007 was $40 million.  One-third of Florida motorcycle riders don’t have insurance.  Many others only carry the minimum requirement of $10,000, [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.dwklaw.com/html/orlando-motorcycle-accident-lawyers.html">Motorcycle accidents</a> involving riders who don’t wear helmets are resulting in big bills in Central Florida hospitals, according to an Orlando TV station which reported the cost to treat injured riders in 2007 was $40 million.  One-third of Florida motorcycle riders don’t have insurance.  Many others only carry the minimum requirement of $10,000, even though the average hospital cost for a motorcycle injury is $43,000.  When motorcycle riders are involved in an accident and don’t have enough insurance, taxpayers pick up the bill for their medical care.</p>
<p>Health care advocates support a change in the law that would require non-helmeted motorcycle riders to carry more insurance.  I believe that motorcyclists should carry as much insurance as they can afford whether they wear a helmet or not.  Our <a href="http://www.dwklaw.com/index.php">personal injury law firm </a>has seen too many motorcycle accidents in Orlando where people suffer from very serious injuries due to someone else&#8217;s negligence.  These serious injuries often occur even when the motorcyclist is wearing a helmet.  </p>
<p>Unfortunately, in the Central Florida area, many drivers do not have liability insurance coverage.  As a result, you must look to your own insurance company to pay for your medical bills and other damages recoverable under Florida law.  You can only rely on your insurance company to compensate you if you purchased underinsured motorist insurance coverage.  </p>
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		<title>Personal injury clients don’t deserve negligent lawyers</title>
		<link>http://dwklaw.com/blog/2008/11/11/personal-injury-clients-don%e2%80%99t-deserve-negligent-lawyers/</link>
		<comments>http://dwklaw.com/blog/2008/11/11/personal-injury-clients-don%e2%80%99t-deserve-negligent-lawyers/#comments</comments>
		<pubDate>Tue, 11 Nov 2008 21:02:25 +0000</pubDate>
		<dc:creator>Brian Wilson</dc:creator>
		
		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[Uncategorized]]></category>

		<category><![CDATA[ Insurance Company Bad Faith]]></category>

		<category><![CDATA[Car Accidents]]></category>

		<category><![CDATA[Medical Malpractice]]></category>

		<category><![CDATA[nursing home abuse]]></category>

		<category><![CDATA[Wrongful Death]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/11/11/personal-injury-clients-don%e2%80%99t-deserve-negligent-lawyers/</guid>
		<description><![CDATA[The Florida Bar spent nearly half its annual budget &#8212; about $10 million – investigating grievances against about 7,800 attorneys from September 2007 to August 2008, according to the Orlando Sentinel.  A large majority of the complaints (about 80 percent) were dismissed because the Bar determined there was no ethics violation or not enough [...]]]></description>
			<content:encoded><![CDATA[<p>The Florida Bar spent nearly half its annual budget &#8212; about $10 million – investigating grievances against about 7,800 attorneys from September 2007 to August 2008, according to the Orlando Sentinel.  A large majority of the complaints (about 80 percent) were dismissed because the Bar determined there was no ethics violation or not enough evidence.  </p>
<p>Our <a href="http://www.dwklaw.com/index.php">Orlando personal injury firm</a> goes to great lengths to protect the interests of our clients who have already suffered from the negligence of others.  The same professional integrity is true of the many law firms who refer <a href="http://www.dwklaw.com/html/pa-personal-injury.html">personal injury cases</a> to us.  </p>
<p>There is a delicate balance between protecting the interests of clients and ensuring due process for lawyers accused of wrongdoing.  The Florida Bar achieves this balance better than almost any other organization of its kind and is recognized nationally for its disciplinary program and client compensation fund.  </p>
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		<title>Orlando doctors disciplined for wrong site surgery and other medical mistakes</title>
		<link>http://dwklaw.com/blog/2008/10/15/orlando-doctors-disciplined-for-wrong-site-surgery-and-other-medical-mistakes/</link>
		<comments>http://dwklaw.com/blog/2008/10/15/orlando-doctors-disciplined-for-wrong-site-surgery-and-other-medical-mistakes/#comments</comments>
		<pubDate>Wed, 15 Oct 2008 14:58:47 +0000</pubDate>
		<dc:creator>Samuel King</dc:creator>
		
		<category><![CDATA[Medical Malpractice]]></category>

		<category><![CDATA[Personal Injury]]></category>

		<category><![CDATA[doctor error]]></category>

		<category><![CDATA[medical errors]]></category>

		<category><![CDATA[medical negligence]]></category>

		<category><![CDATA[physician mistakes]]></category>

		<category><![CDATA[wrong limb surgery]]></category>

		<guid isPermaLink="false">http://dwklaw.com/blog/2008/10/15/orlando-doctors-disciplined-for-wrong-site-surgery-and-other-medical-mistakes/</guid>
		<description><![CDATA[The Florida Board of Medicine disciplined five Orlando area doctors this month for making serious medical errors.  The doctors’ mistakes included operating on the wrong disc in a patient&#8217;s back, operating on the wrong testicle of a patient and implanting the wrong kind of lens during a cataract procedure.  The doctors were order [...]]]></description>
			<content:encoded><![CDATA[<p>The Florida Board of Medicine disciplined five Orlando area doctors this month for making serious medical errors.  The <a href="http://www.dwklaw.com/html/pa-medical-malpractice.html">doctors’ mistakes</a> included operating on the wrong disc in a patient&#8217;s back, operating on the wrong testicle of a patient and implanting the wrong kind of lens during a cataract procedure.  The doctors were order to pay fines up to $10,000, perform up to 100 hours of community service and take continuing education classes on topics such as risk management.</p>
<p>Unfortunately, tort reform favors the odds that most doctors will never be disciplined for their <a href="http://www.dwklaw.com/html/pa-medical-malpractice.html">medical mistakes</a>.  Too often, the victims of medical negligence cannot hire lawyers to represent them in damage claims.  And even though the Florida Board of Medicine meets regularly to take disciplinary action against doctors, it is ill-quipped to investigate the thousands of physician errors that occur each year, especially against well financed and insurance paid lawyers who can easily delay and defeat the process of state investigation.</p>
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