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.

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.

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.

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.

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.

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.

This is a sad example of big business putting profits ahead of individuals by cutting corners on training and adequate security. At DWKM&R, we pride ourselves on having the ability and resources to stick up for individuals like the late Mr. Damour against big businesses.