Historically, medical malpractice attorneys and physicians' organizations have had found little room for agreement in the legislative arena. A new law, however, has recently passed with support of both groups: the State Physician Shield Act.
]]> The law is intended to prevent payment-reform metrics or federal quality-of-care standards in the Affordable Care Act from giving rise to medical malpractice claims. Some examples include provisions for measuring hospital readmission rates and shared savings. These are quality control standards that apply to services and payment, and the new law clearly separates shortcomings of this kind from provider negligence that causes harm to a patient.It is important for residents to understand that this new law does not restrict the rights of medical malpractice victims in Georgia to pursue a claim for compensation. The usual rules still apply to medical malpractice claims: a physician must have owed a duty of care to a patient, breached that duty and thereby harmed the patient.
One may ask, if it weren't for a provider's negligence, would the injury or harm have happened anyway? If so, a valid claim is unlikely; but if not (that is, if the victim would not have suffered injury without the provider's negligence), the victim may be able to hold that negligent provider liable through a medical malpractice claim.
Georgia patients who have suffered harm and want to know whether they may be able to pursue a provider for negligence should not misunderstand the new State Physician Shield Act, which does not shield providers from legitimate claims.
Source: MedPage Today, "Ga. Law: Federal Metrics No Basis for Medical Liability," David Pittman, May 7, 2013
]]>Nearly 1 million cars in the United States and close to 3.5 million worldwide have been recalled because of a faulty airbag part that was put in vehicles in Washington by Takata automakers nearly a decade ago. The manufacturing defect in the airbags could cause them to catch on fire or harm passengers in the front seats by shooting metal fragments, if deployed.
]]> The automakers who have decided to join the recall are Toyota Motor Corp, Honda Motor Co., Nissan Motor Co, Mazda Motor Co. and General Motors Co and most recently, BMW. There are various models being recalled including the Toyota Corolla, Honda Maxima, and the 3 series model of the BMW. The year of the vehicles that could have the dangerous airbags are the 2001, 2002 and 2003 models.Any Atlanta residents who discover they have a vehicle which contains the defective product should immediately notify the automaker. The automaker can repair the vehicle or replace it, if necessary. If any residents have already been injured due to the faulty airbag, it is important to keep accurate records of the incidents and any medical bills or time lost at work, due to the injury. The manufacturer will be held liable to those individuals affected. The victims will be able to recover for their injuries in a product liability suit.
Driving can be a very rewarding, relaxing experience. Drivers do not want to worry or stress with defects in their own vehicle. Any Atlanta residents who thinks they have been affected by this massive recall should make sure their rights are protected and not hesitate to seek assistance and get all their questions and concerns answered.
Source: The Detroit News, "BMW joins massive airbag recall", May 6, 2013
]]>In 2006, a 92 year-old woman was shot and killed in her home by members of the Atlanta Police Department. The detectives who were responsible for the shooting were undercover officers who were at the decedent's home on an illegal drug raid. After the deceased fired a warning shot, she was shot dead by the detectives.
]]> The city of Atlanta paid the victim's family $4.9 million for their role in her death. An Atlanta minister named Markel Hutchins is now suing the lawyers for the deceased's family. He claims to have assisted the family in reaching the settlement with the city, but was never paid the 10% he was promised. Hutchins has reached an undisclosed settlement with the family of the deceased and is now suing the attorneys for the deceased.Wrongful death suits can affect a lot of individuals. Sometimes there are liable third parties that can be sued in addition to the immediate cause of death. Oftentimes, settlements in wrongful death suits can be quite large. The family of the decedent can collect damages for lost wages as well as any pain and suffering of the decedent. When there are large amounts of money at stake, individuals may seek to pray on the vulnerable or ill-informed.
Atlanta residents who have suffered a loss need to make sure their rights are protected. In times of great emotional pain and tragedy, individuals need to know there are people who will have their back and only have their best interests at heart.
Source: The Atlanta Journal Constitution, "Minister settles lawsuit with Johnston family, takes on lawyers", April 27, 2013
]]>Although children are often quick to move on from injury, it remains the duty of adults to protect children from bodily harm, including brain injury. A recent bill signed by the governor of Georgia, Nathan Deal, will hopefully do just that, especially with regard to reducing the chance of a serious brain injury. The governor stated that the law, in part, attempts to educate adults and students about the dangers of brain damage from seemingly innocuous injuries.
]]> "Even in a mild bump or blow to the head, it can lead to a concussion," said Governor Deal at the signing ceremony. According to the law, any young athlete must be removed from a sporting competition if he or she exhibits any signs of a concussion.Such signs of a serious head trauma can include memory loss, nausea and sluggishness. Though many receive such injuries during sporting events, car crashes and other accidents can cause equally painful brain damage. In such a case where someone, whether a child or adult, suffers a head injury because of the negligence of another person, legal remedies can help the victims.
The recovery process can be long and expensive, and assistance from those who were reckless enough to cause the accident can be very helpful to brain injury victims. While the new bill will hopefully reduce the number of Georgia brain injuries, for the victims who still suffer, legal recourse can be a vital and helpful avenue to pursue.
Source: Times Free Press, "Georgia Gov. Nathan Deal signs youth concussion bill," April 23, 2013
]]>The woman became one of the most recent victims of a car and semi truck accident when her vehicle was struck on the driver's side by a tractor trailer truck. The woman suffered serious injuries from the incident that occurred on Georgia Highway 16. She was immediately transported to the Atlanta Medical Center.
]]> Despite surviving the crash, which is a miracle unto itself, the woman remains in critical condition. Despite a nine person rescue crew quickly arriving on scene, it still took them around 15 minutes to safely remove the woman from the vehicle.Police are still investigating the crash and no charges have yet been filed. Officials have not made any statements as to whether the accident was caused by driver negligence.
In the unfortunate situations where a truck driver does not obey traffic signals or other duties of the road, victims should be able to recover via the legal system. If the court finds that someone recklessly drove a vehicle of the size and weight of a semi truck, a higher standard of care is used in determining the breadth of the settlement. The victim may receive medical expenses, lost wages and even pain and suffering following the accident.
It remains unclear if such actions will be taken in this case. Fortunately, no fatality resulted from the collision. But at the moment, all thoughts are focused on the woman's safe and full recovery.
Source: Times-Herald, "Senoia woman critical after Thursday wreck with tractor-trailer," John A. Winters, April 19, 2013
]]>One woman currently seeking treatment at an Atlanta clinic told reporters she is still suffering symptoms from a brain injury she suffered in a car accident nine years ago. She told of severe pain and episodes of vertigo in which she feels like she is spinning. One of these episodes lasted 11 days. At other times, she said she feels like she is constantly on a raft.
]]> Doctors say that the brain injury means that she has trouble recognizing where she is in space, leading to a feeling of disorientation that has interfered with her ability to perform many daily tasks, including taking care of her children. She described her husband as living like a single parent.Car accidents are a common cause of brain injuries like this one. Other causes may be falls or sport-related accidents. In these incidents, a sudden blow to the skull causes bruising and/or bleeding on the brain. In some cases, bruising or tearing injuries cause the brain to swell, interfering with its ability to control bodily functions.
It should go without saying that the first thing Atlanta residents should do when they suspect a brain injury is to seek medical attention. However, victims and their families should also be aware of the possibility of being compensated for their damages through a personal injury lawsuit.
Brain injuries can result in significant medical expenses, rehabilitation costs, lost wages and other, personal, harder-to calculate losses. When these injuries are caused by someone else's negligence, the victims may be compensated for some or all of these losses.
Source: CBS Minnesota, "Local Woman With Brain Injury Turns To Concussion Doctor," Heather Brown, April 15, 2013
]]>The Farm Rich foods brand, which manufactures products out of Waycross, Georgia, recalled millions of food-based dangerous products in two recalls over the last two weeks. The food products, which include pizzas, cheese bites and other freezer snacks, may be contaminated with the E. coli 0121 strain.
]]> Fallout from the contamination is widespread, with twenty-four people reporting illness in fifteen states. While seven people have been hospitalized, it likely that many more people have eaten the tainted products without being aware of the dangers.E. coli has been tied to other recent contamination scares in the United States. In 2011, many beef products were recalled due to a possible E. coli presence, and the E. coli 0121 strain was believed to be part of that dangerous product situation as well. This particular strain of E. coli can cause very serious medical conditions, including but not limited to passing blood through the stool and kidney failure. Deaths can also occur as a result of contracting the 0121 bacteria.
Individuals who contract E. coli from this or other dangerous food product contaminations may be entitled to compensation. The serious symptoms associated with the E. coli 0121 bacterium can result in lengthy hospital stays and other medical expenses. Due to the possibility of transmitting E. coli infections from person to person after contracting the illness from a dangerous product, individuals who believe that they have been exposed to the E. coli 0121 strain should be aware of their rights to recover for any damages they incur as a result of the illness.
Source: NBC 11 Alive, "Rare, potentially dangerous E. coli outbreak includes Georgia-made snacks," Holly Pennebaker, April 4, 2013
]]>The driver of the tractor-trailer was speeding north on I-65 with a large load of lumber. In the center lane of the road, the driver spotted a construction directional sign. In his attempted to swerve around the sign and avoid hitting it, he lost control of his truck. The vehicle smashed into a concrete barrier wall and the lumber scattered cross the interstate. Though the driver was injured, fortunately no reports of other vehicles or people being suffering any serious injury.
]]> That is not always the case when 80 tons commercial trucks get into an accident on US highways. Sometimes truck driver fatigue or the acts of a negligent trucking company can cause harm not only to the truck and driver, but to innocent other with the misfortune of being on the road at the same time. Fortunately for people injured in these accidents, the legal system provides a way for them to recover damages from a negligent driver or company.An experienced legal professional can help an injured party (or the surviving family of a deceased accident victim) recuperate medical expenses, lost wages and even funds for pain and suffering. If a driver failed to act according to his duty to the other drivers on the road, by not following traffic signals or speeding, for example, a court may find that the truck driver owes the victim monetary damages.
Reports do not state whether the accident on I-65 was the result of negligence. As the truck driver recovers from his injuries, one thankful note of this story is that no others joined him in the hospital.
Source: Glasgow Daily Times, "Truck driver in I-65 wreck injured," March 18, 2013
]]>Early Friday morning at Tampa International Airport, maintenance workers responded to a report that one of the elevators was not working. In attempting to determine the source of the problem, they discovered the body of a 31-year-old Pennsylvania man. An inspection of the elevator shaft revealed a broken lock on the seventh floor, where the man's carry-on luggage was found. The man and his girlfriend left Pittsburgh and had a layover in Georgia before arriving in Tampa.
]]> Though no formal accusations have been made, reports state that on March 18 and inspector for the State of Florida wrote of a potentially dangerous deficiency on the elevator's 7th floor hoistway doors. Airport police have stated they believe the man pried the doors open with his hands, though early reports are not yet definitive.The situation could lead to a wrongful death suit, though no such action has yet been reported. In a wrongful death lawsuit, a plaintiff (often with the help of an experienced attorney) usually needs to prove negligence caused the victim's death. A person or company is negligent if they owed a legal duty to the public, the failed to fulfill that duty and that failure caused the injury.
It is unclear what if any legal action will be taken by the man's family. One can only hope that this unfortunate accident leads to greater actions that prevent such tragedies in the future.
Source: ABC Action News, "Body found in airport elevator shaft: Tampa International (TPA) elevator door was 'compromised'," Jacqueline Ingles, March 20 , 2013
]]>Georgia residents may recall that the student, a 26-year-old drum major at the time, succumbed to a severe beating as part of the marching band's hazing ritual. The reckless conduct of the other students caused twelve of them to be charged with manslaughter, upgrading many of the accused from previous charges of felony hazing. The previous charges presented a lower bar for the prosecutors because they would not have to prove who delivered the actual blow that caused the deadly injury.
]]> In addition to the allegations the former students are facing, the deceased's parents, who live in Decatur, GA, have filed a wrongful death lawsuit against FAMU. The university previously offered a $300,000 settlement, but the parents have decided to proceed with the suit instead of accepting the compensation offer.Wrongful death happens when the negligence or misconduct of an individual, company or entity (as the parents allege here) cause the death of a person. Many circumstances can lead to such a charge, including medical malpractice, an airplane accident or a death during a supervised activity. An experienced personal injury attorney can assist in obtaining the best possible result in wrongful death cases
It remains unclear if the university showed carelessness in allowing the hazing to occur. It is clear, however, that being part of a joyful entertaining student group such as a marching band should never lead to death.
Source: My Fox NY, "12 charged with manslaughter in FAMU death," Kyle Hightower, March 14, 2013
]]>Nearly 100,000 individuals in the United States suffer brain injuries each year. A patient suffering a brain injury may experience issues such as memory loss, dizziness, headaches and other problems. Usually resulting from a fall, an accident or sports related activities, head injuries should not be taken lightly. In fact, even closed head injuries can be dangerous due to the possibility of brain swelling or blood clots.
]]> Such injuries caused by other people might even lead to legal action, especially if the other party was careless. If someone violates his or her duty of reasonable care, a court could compel that person to pay for lost wages and medical expenses. In addition, courts can provide compensation for emotional distress and pain and suffering. Those who have acted negligently, meaning they did not fulfill their obligation to exercise reasonable care, could be held liable for injuries to others.Regardless of the legal ramifications, all states should aim to promote injury prevention measures. For instance, this could include encouraging people to wear a helmet while riding a bike or motorcycle. However, in spite of the cause, experts recommend that all such injuries be taken quite seriously.
Source: The Atlanta Journal-Constitution, "March is Brain Injury Awareness month in Tenn.," March 1, 2013
]]>The semi truck accident occurred on Interstate 40/75, about three hours north of Atlanta, when a relatively new employee lost his battle with truck driver fatigue and fell asleep behind the wheel. The truck consequently slammed into a highway patrol cruiser parked on the shoulder of the road with its emergency lights blinking. The guilt-stricken driver assisted emergency responders in rescuing the officer from the crushed vehicle. Though the sergeant is making a tremendous recovery, the driver still faces charges including aggravated assault, reckless endangerment and reckless driving.
]]> Since an accident involving a commercial truck can cause exponentially more damage that one involving a standard vehicle, the laws governing these incidents are also different. Driver negligence is the primary legal theory underlying truck accident lawsuits. Such negligence is defined as a failure to exercise a reasonable degree of care, such as careless driving in bad weather or driving while extremely tired.Those injured by negligent truck drivers often have the right to be compensated for their injuries. This compensation can include medical bills, lost wages and rehabilative costs. Those injured should not suffer alone, but should fight for the compensation they need to make a full recovery.
Source: Knox News, "Trucker indicted in fiery crash that nearly killer THP sergeant," Jamie Satterfield, Feb. 27, 2013
]]>Just last week, one such incident occurred in Atlanta's Baker Hills neighborhood resulting in the death of a 53-year old mother of five. The woman, also a grandmother to 16 children, died early in the morning after being struck by a dark SUV. As she fell onto the sidewalk after being struck head-on, the vehicle continued on without stopping.
]]> Of the nearly 78,000 pedestrians hit by cars each year, 5,000 ultimately perish from the collision. Drivers who are inattentive, disobey traffic laws or drive under the influence violate their duty to pedestrians under Georgia law. When such negligence results in a wrongful death, immediate family members may bring a civil lawsuit to recover damages for their loss.Fair compensation in wrongful death proceedings may include any medical and funeral costs. The amount of just compensation also depends on the age, earning capacity, health and intelligence of the lost loved one. The circumstances of those left behind are also considered when deciding these amounts, though no sum can truly replace the loss of a family member.
Before compensation can be determined, however, the offending driver must be found and identified. In the case of the Atlanta woman, police are still searching for the hit-and-run driver of a dark-colored SUV with possible front end damage.
Source: Cascade Patch, "Pedestrian Killed in Hit & Run Accident on Bakers Ferry and MLK," Marc Richardson, Feb. 19, 2013
]]>The most recent attempt at medical malpractice legal reform proposes the system function more like worker's compensation. Under the proposed law, patients would not go to court to settle a malpractice claim. Instead, a board of physicians would judge the claims and determine settlement amounts. Awards would be paid to medical malpractice victims out of a fund into which all providers would pay.
]]> Some claim the new system would help those victims who feel their medical malpractice claims are too small to justify working with legal representation. Opponents to the law, however, argue that such a system would rob plaintiffs of their constitutional right to have their case heard in court.Currently, Georgians who have been victims of medical malpractice can take their case directly to court. While the first step in a medical malpractice incident would generally be to contact one's medical provider to see if the issue can be resolved, legal measures can ultimately obtain compensation for a patient who suffered from a defective medical device or misdiagnosis, for example, or may even compensate a victim's family in the case of a wrongful death.
With several proposed changes in Georgia's medical malpractice system being raised and struck down, it is difficult to predict the future of the field. As with the settlement caps in 2005, the current proposal would alter the way victims seek compensation for their injuries. In the meantime, however, victims of a physician's negligence, hospital error or other incident of medical malpractice need to be aware of their legal rights to seek compensation for medical expenses and other costs through a medical malpractice lawsuit.
Source: The Florida Times-Union, "Bill would take medical malpractice out of courts, put it before physicians panel," Walter C. Jones, Feb. 8, 2013
]]>Two parents, who have filed suit against Toys 'R' Us for products liability and breach of warranty, have settled with the manufacturer of a toy stroller that caused their child to lose an eye. The product at issue was a toy stroller that was prone to tipping. One of the stroller's curved handles pierced the child's eye after the toy tipped and the child fell, resulting in the eye's permanent removal.
]]> It is nothing short of tragic when individuals are harmed by a defective product. The victim may end up with a permanent disability that requires long-term care that can be physically and emotionally difficult, and financially trying. Fortunately, legal action can ease these burdens.To succeed on a product liability lawsuit, a victim typically must prove, amongst other things, the manufacturer made the product, the product was defective, and the defect caused the victim's injuries. One question that often arises in these cases is whether a warning label on a product provided the consumer with sufficient notice of the danger. If the label did not reasonably warn of the danger, then the manufacturer may still be found liable.
Once successful on a claim, a victim can obtain compensation. These awards can be used to cover medical expenses so that the victim can focus on a full and speedy recovery.
In addition to getting victims the money they need and deserve a products liability lawsuit helps ensure that dangerous products are taken off the market. Then, manufacturers will take the necessary precautions to guarantee their products are as safe as consumers expect.
Source: New York Post, "Family sues Toys 'R' Us after toddler loses eye in stroller accident," Bruce Golding, Feb. 8, 2013
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