Georgia Injury Lawyers Blog

Medical Device Software Flaws

Fri, 29 Jan 2010 15:32:57 -0500

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

Wed, 27 Jan 2010 15:29:49 -0500

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

Fri, 22 Jan 2010 10:34:41 -0500

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

Watch What You Say to Insurers

Sun, 04 Oct 2009 06:17:06 -0500

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.

Cell Phone Distractions while Driving: Georgia Traffic Accidents

Mon, 27 Jul 2009 12:45:39 -0500

It has come to light in the national news that the National Highway Transportation Safety Administration had conducted a study which confirmed what most everyone knows: talking or texting on a cell phone is dangerous and increases the likelihood of an accident. According to the numerous news reports this federal agency withheld the findings out of concern that it would stir up a hornets nest in Congress. The thinking supposedly was that it would force political decisions about enacting legislation to limit or prevent cell phone use while driving. This follows recent events where train collisions have occurred while operators were supposedly texting.
While political considerations may interfere with safety regulations at the Federal or State level, including here in Georgia, there are no limitations on how this safety issue is handled in our Atlanta, Georgia serious injury truck and auto accident law firm. As part of every investigation we make in vehicle collision cases, we determine if the at-fault driver was distracted by cell phone use. When we file suit, we aggressively pursue this issue in discovery, which includes cross examining the driver and witnesses on the subject, subpoening cell phone records and taking all other measures to see if this played any part in the negligence of the driver.

The New York Times - July 20, 2009

Georgia Cases against Servers of Alcohol to Drunk Drivers

Thu, 16 Jul 2009 10:33:39 -0500

In Georgia, where a bar, restaurant or for that matter any other person provides alcoholic beverages to someone who is noticeably intoxicated and is known to be intending to drive a vehicle can be held legally liable for injuries or death which result from a drunk driver. This type of case is called a Dram Shop claim.
A recent decision from the Court of Appeals in the State of NY has been reported, Noleen G. Walder, Law.com July 14, 2009 In that case a plaintiff sought to sue a convenience store company which sold alcohol to a drunk driver. The Appellate Court dismissed the case, not allowing testimony that alcohol could be smelled on the purchaser.
This court ruling points out the pitfalls that can exist in Dram Shop cases. Our Atlanta Georgia serious motor vehicle collision law firm is careful to do a thorough investigation and make sure that all evidence is carefully developed to make out one of these cases. When someone is seriously injured or killed in a drunk driving collision it is always critical to investigate where the drunk driver had been before the accident to see if a Dram Shop case can be established.

Claims against Veterans Administration filed in Georgia

Thu, 16 Jul 2009 10:22:50 -0500

A recent Associated Press report disclosed that the V.A. has not responded with settlement offers or an acknowledgment of responsibility for numerous medical mistakes relating to colonoscopies performed at V.A. hospitals.
Filing a complaint for compensation against the V.A. for medical malpractice or other misconduct is handled differently than other cases. The law which governs V.A. cases is controlled by the Federal Tort Claims Act. Here at our Atlanta Georgia personal injury law firm we have represented many victims of medical negligence and other misconduct committed while at a V.A. hospital or other facility. These cases are highly specialized and require knowledge and experience of the technical rules that the Federal Government requires to be followed.

Georgia Requires Similar Experts in Medical Malpractice Cases

Wed, 24 Jun 2009 09:49:40 -0500

Many people are not aware of the requirements in Georgia for bringing a medical malpractice case against a physician, hospital, hospital staff, nursing home or others providing medical care. In order to bring a lawsuit the injured party (the plaintiff) must attach to the complaint a sworn affidavit of a qualified medical practitioner which sets forth at least one element of medical negligence against each defendant sued. The Georgia statute has several requirements which must be met in order for the medical expert to qualify and give an opinion that malpractice occurred. Included among these requirements are that the expert be experienced and trained in the same specialty as the medical practitioner who is being sued. This does not mean that the expert in all cases must be a doctor. For example, if a nurse in an operating room was negligent, a surgical nurse may well be the correct expert.
The rule in Georgia is followed in many other states. As an example, the Pennsylvania Supreme Court has now ruled that registered nurses can provide expert testimony in that State.
It is extremely important that our Atlanta, Georgia personal injury, medical malpractice law firm be contacted about a potential case as soon as possible so that we have adequate time to locate the best qualified expert for the case.

Nursing Homes' Attempts to Force Arbitration

Wed, 24 Jun 2009 09:35:16 -0500

A strategy has developed in the Nursing Home industry to deprive resident patients of their right to sue in Georgia Courts where they have been injured, mistreated or abused. Many nursing homes are including in the admission paperwork a provision that attempts to force victims to arbitrate disputes and prevent bringing lawsuits.
Our Atlanta, Georgia personal injury/nursing home law firm deals with these legal issues and all other questions that come up in cases where someone has been seriously injured or has died at the hands of a nursing home and its staff.
We can report that the Georgia Court of Appeals has just issued an opinion holding that nursing homes cannot force arbitration where a family member has executed a durable power of attorney. The Court held that an individual with this type of power of attorney cannot sign away a resident patient's right to sue if they are mistreated. Life Care Centers of America v. Smith, Ga. Court of Appeals case # AO9AO548

Experienced Motorcyclists Beware

Wed, 17 Jun 2009 06:14:43 -0500

Atlanta traffic is a constant cause of death and serious injury to even the most experienced motorcycle riders. Having the right of way has no meaning when a truck hits your bike.

55 year old Deputy Gwinett sheriff Bill Edge was on his way home last week when an ice cream truck ran a stop sign and collided with a passing truck. The truck struck his motorcycle, and Edge, who was wearing a helmet, died at a local hospital. He was a Gwinett County police officer and had served in the U.S. Marine Corps.

A Harley-Davidson rider, Edge was a member of the Gwinnett chapter of the Blue Knights, a motorcycle club mostly comprised of law enforcement officers.

Defensive driving is the best protection if you enjoy the pleasure of riding. Always assume that the car and truck drivers in your view will do the unexpected and be prepared!

Sunshine in Litigation Act

Tue, 09 Jun 2009 04:30:22 -0500

Why should someone in Georgia be injured or die from a dangerous product already found defective? The house judiciary committee in Washington faces that question as they hold hearings on the "Sunshine in Litigation Act."

Do Courts seal too many documents? State and Federal Courts regularly allow documents to be sealed and injured parties silenced by confidentiality agreements when lawsuits are settled. A victim is in a weak bargaining position. A settlement may mean avoiding financial disaster following a life altering injury. Obviously, the manufacturer wants to keep the information from the public. Not a compelling argument for playing Russian roulette with the safety of the next victim of a defective product.

Our Atlanta injury law firm will monitor progress in these hearings and report on the results.

Emory Medical Conflict of Interest

Thu, 04 Jun 2009 08:27:26 -0500

Conflicts of interest in the medical profession have affected both medical care and treatment of patients. Emory University in Atlanta was investigated by both the National Institute of Health and Congress over the ethics of accepting consulting fees from outside sources.

On June 4 Emory announced a new ethics rule prohibiting compensation, gifts, or travel expenses for speaking at industry promotional events by Emory University School of Medicine personnel. While this is a positive step these conflicts are rampant in the medical and scientific communities. Payments from drug and medical device companies to "independent" researchers are common. Doctors routinely refer patients to testing and treatment facilities where they have an ownership interest.

Our Atlanta Law Firm applauds the Emory decision. However, we have not hesitated to bring actions against Emory or other prestigious institutions when they have caused injury or death to patients through malpractice or other wrongdoing. Recognizing these conflicts of interest are simply common sense and they must end.

Obama Administration Reversing Pre-Emption Rule

Mon, 01 Jun 2009 14:28:21 -0500

During the presidency of George W. Bush the rule of "Pre-Emption" was aggressively expanded. This rule prevented many consumers and other citizens from bringing lawsuits for wrongs committed by drug makers, manufacturers and other corporations. The rule of pre-emption basically has held that where a federal agency has enacted a regulation that permitted the sale of a product, this would protect the maker of the product from being sued, even if the product was defective or negligently made, marketed or distributed. Obviously, this was grossly unfair to victims of corporate wrongdoing. The Obama administration has taken steps to overrule this grossly unfair legal priciple. This should now protect the public and allow meritorious lawsuits to be brought against wrongdoers. Our negligence/product liability Atlanta Law Firm has a long history of successfully representing victims in major cases who have been injured or killed through the fault of dangerous and defective products of all types.

Boston Globe - "Obama ends Bush-era lawsuit policy"

Seatbelts in Commercial Buses To Be The New Federal Rule

Mon, 01 Jun 2009 14:19:49 -0500

While automobiles have been fitted with seatbelts now for many years, passengers on commercial buses have not had this protection. The Federal Government through the National Highway Traffic Safety Administration is expected to require seatbelts on these buses. The increased safety this will provide was initiated in large part because of several catastrophic bus accidents where passengers were seriously injured or killed. These new regulations are long overdue.

Insurance Headlines - "Feds to require safety belts on commercial buses"

Georgia Crime Victims Compensation

Sun, 31 May 2009 18:43:28 -0500

When a Georgia crime victim suffers an injury or loss there may be a remedy beyond filing a lawsuit. A judge may order restitution to be paid by a defendant if a criminal is convicted. Georgia also provides for possible state compensation for victims of personal injury or death resulting from criminal acts.

17-15-1 Findings by the legislature.

The General Assembly recognizes that many innocent persons suffer personal physical injury, severe financial hardship, or death as a result of criminal acts. The General Assembly finds and determines that there is a need for assistance for such victims of crime. Accordingly, it is the General Assembly's intent that under certain circumstances aid, care, and assistance be provided by the state for such victims of crime.