Georgia Injury Lawyers Blog

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.

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

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

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.