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

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

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

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.

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"