Georgia Injury Lawyers Blog

Medical Conspiracy of Silence

2010-07-14T12:48:36Z

Our Atlanta, Georgia malpractice personal injury law firm has seen doctors protecting other doctors for years. Now there is a new study conducted by the American Medical Association that shows the size of the problem.

Published online Tuesday in the "Journal of the American Medical Association" the survey shows that while 17% of doctors knew of colleagues mistakes or incompetence; 36% do not report the dangerous doctor: Your doctor could be drunk, addicted to drugs or outright incompetent, but other doctors may not blow the whistle. The moral of this story is to make certain that the doctor you choose deserves your respect and confidence before they treat you as a patient.

Geogia Legislature Passes Seatbelt Bill For Pickup Trucks

2010-05-13T19:21:12Z

Most people in Georgia assume that every driver in the State must wear a seatbelt. That assumption was incorrect. The seatbelt law did not apply to pickup trucks. Why was that so? The answer is that lobbyists looking out for special interests as diverse as farming & construction had pushed over the years to exempt pickup trucks from this obviously good law. Whether the intentions were well meant by those who wanted the exemption, the fact is that everyone driving needs to wear a seatbelt. We have seen too many cases come into our Atlanta, Georgia personal injury lawfirm where injuries were much worse because the occupant of the vehicle did not use a seatbelt. We applaud the Georgia legislature for doing something about this issue.

Georgia Legislature Tackles Dangers Of Cellphones & Texting

2010-05-13T19:16:03Z

The evidence is overwhelming that the distractions of texting or talking on a cellphone while driving are extremely dangerous. Tragic stories are happening every day. This problem is now as much an issue on our roads as drunk drivers. Finally, the Georgia legislature has passed a bill that would ban texting while driving and prevent young drivers from talking on their cellphones. In our Georgia auto accident injury lawfirm we have handled numerous cases in the last few years where serious injuries or death has occurred because of cellphone distractions. These cases give rise to a claim for substantial punitive damages in addition to the compensatory damages which are recoverable for injury or death.There are & will be plenty of these cases pursued by our lawfirm. We hope for the sake of all drivers that this bill will make these stories less common.

Georgia Nursing Home Cases

2010-03-25T02:24:49Z

There are many sad and upsetting cases which arise out of misconduct by Nursing Homes and their staff which result in serious injuries or death to helpless residents and patients. Most of these victims are the elderly or are there because of severe disabilities due to illness or accidents.
Our Atlanta personal injury law firm has litigated, tried to a jury and settled many of the largest recoveries in Georgia in these types of cases.
Some of the more common serious claims that we have successfully handled arise out of the following subject areas: neglect of decubitous ulcers (bedsores); sepsis; pneumonia; alzheimers and dementia; patients left unattended or allowed to wander into danger; burn victims; resident abuse by staff; patients who fall due to neglect; inattention, carelessness or unsafe conditions in the nursing home.
If a loved one is hurt or appears to be suffering it is critical that the circumstances be investigated immediately while the evidence can be obtained. Our law firm should be contacted if there is any doubt about what has happened. Do not take the word of the nursing home staff. They are trained to discourage complaints, claims, and most definateley, the involvement of an attorney specializing in these types of case.

Georgia Pickup Trucks and Seatbelts

2010-03-11T12:16:41Z

Georgia law does not require that adult pickup truck drivers and passengers wear seat belts. Our Georgia personal injury law firm has seen scores of cases of death and serious injury that could have been prevented by use of seat belts in pickup collisions.

A bill by state Sen. Don Thomas, R-Dalton, a practicing physician, is being presented in Georgia to require pickup drivers and passengers to wear safety belts. "It will pass if it gets to the floor of the House," said Rep. John Meadows, R-Calhoun. We applaud and support Senator Thomas.

Even if you do not support seat belt laws it makes no sense to treat passenger cars and pickup trucks differently. We have never met a family member against seat belt laws after suffering from the death or serious injury to a loved one.

March: Traumatic Brain Injury Awareness Month

2010-02-25T16:48:27Z

The brain is a vital part of the body. It allows us to makes decisions, to think, and shapes our personality. An injury to this area is not something that should be taken lightly. Traumatic brain injuries (TBI) can not only cause life-long afflictions that come with rehabilitation and care from specialty facilities, like CareMeridian, but can potentially be deadly.

March is Brain Injury Awareness Month, and it's important to understand what TBI is and the profound effects it has on victims and their families. TBI is split into two categories: mild and severe. In a mild case consciousness is lost for 30 min or less. Unfortunately these cases are usually overlooked, but can often times result in mood swings, headaches, and difficulty in thinking. Severe TBI involves a loss of consciousness for over 30 minutes and can have life long effects on the victim's motor skills and psyche. Cases of TBI may seem like a rarity, but every 16 seconds a TBI occurs in this country. It is essential that people are aware of TBI so it can be prevented.

Guest Blog from:
Chelsea Travers
CareMeridian
ctravers@caremeridian.com

Georgia Hotels Are Not Required To Check On Guests

2010-02-15T20:02:28Z

The widow of a man staying at a Jesup,Georgia motel has had her wrongful death lawsuit against the motel dismissed in a decision by The Georgia Court Of Appeals.In the lawsuit the wife claimed that she had called the motel out of concern for her husband's health & asked them to look in on him. The motel employees did not do so and he was later found dead.This ruling points out that there are certain duties & obligations of landowners & proprietors to people who come into their business but the legal duties do not require them to be caretakers. The basic rule requires the business to keep the premises safe and not to create a hazard which cannot be discovered by the customer. While this duty in Georgia is important for customers' protection from injury, the law in Georgia does not make the business operator an insurer for every possible situation. Our personal injury lawfirm here in Georgia has handled all types of injury cases against landowners & businesses where injuries or death occur. The law in this area is called PREMISES LIABILITY LAW.It is , to be blunt, tricky. Handling these cases requires an intimate knowledge of this area of law & substantial experience in these type of cases.
Fulton County Daily Report - February 15, 2010 "Panel: Motels don't have to check on guests"

Limiting Damages In Georgia (Caps) In Medical Malpractice Cases

2010-02-15T19:54:17Z

In 2005 the Georgia legislature passed "Tort Reform" in medical malpractice cases. This law is grossly unfair to patients in Georgia who suffer serious injuries due to the malpractice of hospitals, doctors and other medical practitioners- even nursing homes.This law placed limits on the amount that can be recovered("caps") , no matter how horrible the injuries and no matter how incompetent the misconduct. Most cases limit noneconomic damages, which includes all forms of pain & suffering , to $350,000. Our serious injury & wrongful death Atlanta lawfirm has contended from the time this law was passed that it was unconstitutional and deprives victims of due process, a jury trial & their right to lawful compensation. As of the time this is written the Georgia Supreme Court has this exteremly important issue under review. We are hopeful that the jurists here will do as has now been done in the State of Illinois.Their Supreme Court has declared such laws unconstitutional. We are anxious to hear from our highest court and will report their decision as soon as it is made.

Chicago Tribune, "Illinois Supreme Court strikes down medical malpractice law"
February 4, 2010

STOP TEXTING NOW

2010-02-03T04:17:03Z

Our Atlanta personal injury firm sees the horror of truck and bus accidents on our highways all the time. It is hard to imagine that commercial drivers need to be told not to text while driving.

The U.S. Transportation Department has banned texting by drivers of interstate buses and trucks over 10,000 pounds effective immediately.

The fine is only $2750 dollars and it will be difficult to enforce unless the damage has already been done. Still, for any commercial drivers who thought they were free to choose to text and drive the law now says STOP TEXTING NOW.

Medical Device Software Flaws

2010-01-29T20:32:57Z

Our Atlanta law firm has gone to court on behalf of patients hurt by medical devices for 30 years. The use of computer assisted devices and software has been a new source of danger for patients and doctors.

On its front page, the New York Times (1/24, A1, Bogdanich) reports that complex software flaws, faulty programming, poor safety procedures or inadequate staffing and training have caused serious errors in radiation cancer treatments. Lack of oversight and difficulty knowing when radiation errors even occur have been reasons why so few lawsuits have been brought. New York, a leading state in monitoring radiotherapy and collecting data about errors, found patterns of accidents including records of 621 radiation technology mistakes from 2001 to 2008.

Medical device and radiation software errors require the highest level of expertise to investigate and evaluate. Our firm has worked with nationally renowned oncologists, radiation engineers and developers to investigate, identify and prove these types of medical technology failures.

Toyota Knew of Acceleration Defects

2010-01-27T20:29:49Z

Our Atlanta personal injury law firm has gone to court against all the major auto manufacturers. Vehicle design and manufacturing defects often lead to catastrophic injuries on the highways.

Still, it is shocking when a car manufacturer knows of a defect and delays recalls and warnings . USA Today (1/25, Healey) reports, "Toyota says it knew there were problems with accelerator-pedal assemblies from supplier CTS late last year, but not enough to warrant a recall." Toyota announced last Thursday a planned recall of 2.3 million vehicles, back to 2005 models, because the defect trend had picked up." If a defect is known then warnings or recalls should be mandatory.

Georgia and Atlanta cases against Toyota for sudden acceleration issues will be increasing now that the company has admitted the problem. Unfortunately, that will not help the people who were unnecessarily injured or killed.

Georgia Traffic Accidents On Icy Roads; Two Die in Dahlonega

2010-01-22T15:34:41Z

The driver of a pickup truck lost control, left the highway and went down a ravine while driving during one of Georgia's tricky winter storms. What is also tricky for our Georgia personal injury & vehicle accident law firm is how to make out a good case against a negligent driver and their insurance company when the roads are slick with ice or snow..Sometimes the driver negligence is clear: such as driving too fast for conditions, failing to yield the right of way, following too close, etc. But in these icy conditions, an accident can happen even where someone drives carefully. Sometimes the icy conditions are really the sole cause. When we investigate these winter road traffic collisions we look at the police investigation, weather reports, D.O.T. road reports, interview witnesses & the police officer, as just some of the factors to determine if it is a valid case. We want to be sure that we can be successful in handling every case for our clients.
The Dahlonega Nugget- January 13, 2010

Tort Reform Baloney

2009-10-05T15:39:19Z

According to the Newnan Georgia Times-Herald tort reform laws have now been passed in 46 States. For over 15 years Georgia has required an affidavit of merit before a lawsuit could be filed against a doctor or other professional. Still everyone knows that medical costs just keep going up.

Doctors, hospitals and Republicans still love to talk about tort reform. Why? It gets their political base who believe the justice system is "jackpot justice" to send money and votes. But if 46 States already have medical tort reform including caps on damages, affidavits of merit and even immunity for anything but gross negligence, then how can there be a problem.

The Congressional Budget Office found that medical malpractice costs are as little as 2 percent of the country's overall health care cost. The entire tort reform debate was adopted and incited by Karl Rove to get George Bush elected governor of Texas. It worked so well they used it to move to Washington. With Karl if it works politically then facts are irrelevant.

Our Atlanta law firm has seen it over and over. People hurt by medical negligence who can not believe that the law favors the medical establishment - and that includes doctors and their families hurt through negligent medical care.

Watch What You Say to Insurers

2009-10-04T10:17:06Z

What you innocently tell an insurance company can be the difference between a check or a fight. Our Georgia injury law firm has seen it happen to the most honest people.

The Wall Street Journal reports that in accident, homeowner claims and even health insurance, what insurance companies hear makes a difference. The example is the driver who naively says "I'm sorry" at an intersection collision without even thinking about who was at fault. Those two words can mean an insurance denial even though the other driver was responsible.

Think before writing or speaking to an insurance company. Assume that everything is either recorded or written down because it is. Or, contact a lawyer who understands how insurance companies work before you make an honest mistake.

Defensive Driving Foundation

2009-08-17T15:47:18Z

Our Atlanta Injury Law Firm has created the DRIVE PARANOID FOUNDATION to promote defensive driving education and awareness. The nonprofit foundation mission is to empower drivers to take charge of their own safety on the highway.

We will be partnering with other concerned state and federal agencies, private safety, medical and injury organizations and media outlets. Our goal is to save one life or prevent one crippling injury at a time. Progress updates will follow and be posted periodically.