Georgia Injury Lawyers Blog

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

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.

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.

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.

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.

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

Georgia and U.S. consumers won a tremendous victory for fair compensation when injured by  defective and dangerous prescription drugs today. The United States Supreme Court held in a 6 to 3 decision that Food and Drug Administration drug approval does not prevent consumers from bringing lawsuits for negligent manufacture and labeling of these products. Wyeth v. Levine, No. 06-1249. March 4, 2009

At the same time Georgia Governor Sonny Perdue has been pushing a 2009 bill in the Georgia legislature to shield negligent manufacturers from lawsuits. Sonny believes that a 300 year history of common law civil justice and the jury system should be scrapped in favor of defective product manufacturers. He argues that business interests would flock to a State that reduced their obligation to live by the rules of equal protection under the law. No joke!

If a conservative Supreme Court in Washington can appreciate the importance of the rule of law to a functioning society then what does that say about the current Georgia executive? Why not an exemption for drunk driver's on their way home from corporate and business functions? It could really help to lure business to Georgia!

Lawyers USA March 4, 2009

As the population grows older here in Georgia, the number of people who develop Alzheimer's and dementia will continue to rise.  More of these elderly folks will require full time care in nursing homes and assisted living facilities because the burden of caring for them by family members can become impossible.

The nursing home resident with Alzheimer's or dementia requires special care to protect them from serious injury or death. These residents are not responsible for themselves & often wander if not watched over.The facility and staff must protect them or they can face serious injury or death.  The nursing home must utilize special monitoring devices, locked and secured surroundings, and other electronic equipment for tracking their whereabouts.Most importantly, there must be a staff with proper training and dedication to their duties and responsibilities.

A recent  incident reported in the Chicago Tribune points out one of the many ways a wandering Alzheimer's resident can face tragedy if the staff does not do their job.

Our Atlanta, Georgia nursing home abuse law firm has represented victims and their families in many wandering cases.  One law suit our lawfirm filed  resulted from the death of a kind hearted gentleman with Alzheimer's who was allowed to wander on a daily basis from a Macon, Georgia nursing home.  His life ended when he wandered onto Georgia Interstate I-75 near Warner Robins where he was struck by a tractor trailer.

Whenever a decision is made to admit a loved one to a nursing home or assisted living facility, take care to ask questions about how they deal with the special needs of patients with Alzheimer's and dementia.  Wandering can begin at anytime and once it does will likely continue.  

In Georgia there are many options for health care particularly in major metropolitan areas like Atlanta, Savannah, Macon, Columbus or Augusta. The internet gives health care consumers the choice of investigating the past performance of hospitals. This is particularly true when you are in no rush to be admitted for non-emergency treatment.

Avoiding medical malpractice is the best way to protect you and your family from medical catastrophes. The next time a hospitalization is necessary in your family you can easily get safety information online. Safe hospitals can have death rates 30% below the average and serious complications almost 10% lower. A little research could be the difference between life or death.

Next time a member of your family needs a hospital take the time to look before you leap. Our Atlanta Georgia medical malpractice law firm would rather have you as a blog reader than a malpractice client.

In case Georgia hospitals were not enough of a danger to surgical patients from infections, surgical errors and negligent hospital care there is a new and growing problem. Sudden fires
caused by high tech equipment in the oxygen rich operating rooms are causing an increase in surgical catastrophes.

Medical negligence claims for burn injuries from these deadly and preventable errors are rising in Georgia and across the nation. More technology in the OR means more fire burn injuries where there are high oxygen concentrations such as during general anesthesia. Surgical lasers have ignited oxygen tubing, and MRI machines have burned patients wearing smoking patches.

The problem is even worse due to the number of operations being conducted in centers outside of hospitals and in doctors offices. In these locations even the rules that govern hospitals (Joint Accreditation Commission on Hospital Accreditation) are often ignored.

Our Atlanta malpractice law firm would rather you be an informed patient than an injured client.

In Just a Flash, Surgery Can Turn Deadly Wall Street Journal, Feb. 18, 2009

The Georgia law limiting jury awards in medical malpractice cases has been held unconstitutional. Fulton County Judge Diane Besson in Atlanta held that the law was unfair to Georgia citizens.

This is the second Fulton County trial judge to strike down the $350,000.00 Georgia malpractice damage limits. An earlier case before Judge Marvin Arrington was settled while on appeal. That left the question of the law undecided for existing and future cases.

The case before Judge Besson would be a strong case on appeal and her excellent and well reasoned opinion may be the case that ends this discrimination against medical malpractice victims. Our Atlanta Georgia malpractice law firm will be monitoring and reporting on the progress of this vital issue for Georgia victims of medical negligence.