Georgia Injury Lawyers Blog

March: Traumatic Brain Injury Awareness Month

Thu, 25 Feb 2010 11:48:27 -0500

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

Mon, 15 Feb 2010 15:02:28 -0500

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

Mon, 15 Feb 2010 14:54:17 -0500

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

Tue, 02 Feb 2010 23:17:03 -0500

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

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

Tort Reform Baloney

Mon, 05 Oct 2009 11:39:19 -0500

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

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.

Defensive Driving Foundation

Mon, 17 Aug 2009 11:47:18 -0500

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.

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