She had cut herself in a zip line accident while vacationing earlier this month with friends in Carrollton, Georgia. She is a graduate student at the University of West Georgia.
The woman showed up at an emergency room with a deep cut in her left calf. The emergency room doctors applied 22 staples to the injury.
]]> The next day, she returned to the hospital with complaints of severe pain. Failing to recognize signs of a potentially fatal infection, the doctors prescribed some pain medicine and sent her on her way.Dr. William Schaffner, who is Chair of Preventive Medicine at Vanderbilt University Medical Center, as well as the president of the National Foundation for Infectious Diseases, indicates that this was a mistake.
"The symptom that should ring alarm bells is serious, unremitting pain," he said. "An otherwise healthy individual with a seemingly superficial injury who has severe pain should have a much more thorough evaluation."
Two days later, the woman went back to the hospital and was prescribed antibiotics. By the day after that, she was admitted to the hospital. Her worsened medical condition had nearly killed her.
The name of the infection is necrotizing fasciitis. It is a rare but particularly virulent form of strep. When it enters a cut or wound, it produces enzymes that destroy surrounding soft tissue.
The infection itself could have come from virtually anywhere, but the doctor's initial failure to diagnose it cost this woman her leg and it could possibly cost her life. She has had to be resuscitated at least once and is still unstable.
It is unclear at this time whether the woman or her family plans to sue for malpractice.
Source: Good Morning America, "Georgia Student Fighting Flesh-Eating Disease After Zip Line Injury," Katie Moisse, May 9, 2012
]]>In addition to killing the one girl, the car accident also injured the other three passengers - one of them critically. Two of the passengers were thrown fully out of the car.
Another Meadowcreek High School student, who was on the high-school track team along with the deceased, may face charges relating to the death. However, the exact nature of his involvement is unclear, including whether he was actually driving the car that hit the victims.
]]> The father of the deceased has called for tougher laws barring the kind of behavior that led to the death of his daughter. However, he seemed to express some regret that the person who allegedly caused the death, his daughter's friend, must now face dire consequences for his irresponsible youthful behavior. He did not say whether he will seek damages for her apparent wrongful death.Emergency personnel found the victim dead at the crash site. She had not been wearing her seatbelt. In general, a victim's failure to wear a seatbelt does not bar a wrongful death claim.
The 16-year-old had not been planning to attend prom, but was excited about going to an after party. The car was on its way to that party when the incident occurred.
There are flowers and a white cross on Steve Reynolds Boulevard, marking the spot where the girl died.
Meadowcreek High School has made grief counselors available to students.
Source: WLTZ 38 News, "One dead and three injured in car crash," April 30, 2012
]]>Although doctors do not intentionally harm their patients, there may be instances when they are not completely truthful about errors that occur. In the past, many doctors would not alert patients to a mistake and would not offer any sort of apology. However, hospital officials in one state have been working on a new initiative to change that in an effort to cut down on medical malpractice claims.
]]> The new program is called Disclosure, Apology and Offer. Through the initiative, hospitals hope to decrease the number of unnecessary tests, create a more open dialogue between patients and doctors and settle cases of medical malpractice without having to go through lengthy court battles.Under the program, hospitals are required to disclose mistakes to patients in a timely manner. If a hospital is found to be negligent after an investigation, the hospital will offer the patient and their family an apology and financial compensation. If the patient accepts the compensation, they cannot sue the hospital. However, if they decline the offer, they can bring a medical malpractice lawsuit against the hospital later on.
People are encouraged to seek legal counsel as they consider whether or not they will accept the compensation offered to them by the hospital.
The hospitals participating in the initiative are Massachusetts General and Beth Israel Deaconess Medical Center in Boston and Baystate Medical Center in Springfield, Massachusetts.
Source: Boston Globe, "Mass. Docs eye new approach to malpractice claims," Bob Salsberg, April 18, 2012
]]>The man was in court concerning child support issues and a protective order. During the court proceedings, the man reportedly caused some kind of disruption. When the judge ordered that he be taken out of the courtroom, the man physically resisted the officers who tried to remove him. The inmate was allegedly injured in the resulting chaos and sent to the hospital. He fell unconscious soon after arriving.
]]> The ultimate cause of death is still unclear at this time.The Clayton County sherriff only became aware of the situation when he was told that the inmate was at the hospital and would have to undergo dialysis. He expressed concern over the fact that he did not receive any information about the affair until the seriousness of the victim's condition became apparent. He said that waiting to inform him was a violation of protocol, and the lapse motivated him to ask the Georgia Bureau of Investigation to look into the matter.
The Clayton County Sherriff's office is conducting its own investigation as well. They will wait for the results of the investigation before implementing any disciplinary measures against the officers involved.
When someone in Georgia is fatally injured because of another person's negligence, the victim's family may be able to file a wrongful death lawsuit. Residents in Georgia who find themselves in a similar situation would be wise to consult with an experienced personal injury attorney.
Source: The Atlanta Journal-Constitution, "Clayton inmate injured in courtroom fight dies," Marcus K. Garner, April 17, 2012
]]>Emergency response teams rushed two unidentified victims to Gwinnet Medical Center. The victims sustained injuries, but at last report they were not in danger of losing their lives. The full extent of the injuries or which party is at fault in causing the truck accident remains unclear at this point.
]]> The tanker truck in this instance spilled over half of the 8,500 gallons of gasoline it was carrying. Authorities deployed hazardous material response teams to deal with the spill. The Georgia Department of Transportation said that it will repair the damage to the highway soon. The GDOT spokesperson said that the U.S. Environmental Protection Agency would also participate in the cleanup process by evaluating air quality at the crash site.Semi trucks often cause accidents. Truck driver fatigue from continuing to operate a vehicle when the driver is overly tired from having already driven long hours, slow reactions due to the truck's large size and poor maneuverability as well as vulnerability to high winds and a tendency to jackknife are common causes for these accidents.
A truck driver can be at fault and liable for damages even if the driver is also hurt in the accident. It is unclear here whether the truck driver was among the injured.
Trucking companies can also contribute to accidents through poor upkeep and maintenance or by overloading the trailers. Such practices can lead to things such as tire blow-out and brake malfunction. Trucking companies can be held responsible for causing harm through their own actions or through the actions of their employees.
Source: My Fox Atlanta, "Winder Highway Reopens After Tanker Accident," April 9, 2012
]]>Children are especially vulnerable to defective products. A recent report says that recalls for children's products fell by almost 25 percent in 2011. Although that would seem like good news, a high percentage of the recalls that did take place were associated with injuries.
]]> Of the 310 recalls in 2011, about 40 percent were children's products. Toys made up about 25 percent of this group. The largest group was nursery goods, making up 30 percent of all recalled children's products. Three of the products had been reported over 100 times prior to recall, including a swing set, a toy helicopter and a pogo stick.The most common injury from a recalled item was laceration from a Keds shoe that was covered with star decorations. There were 27 official reports of such lacerations.
At least three deaths occurred. Two of the deaths were due to strangulation from a baby monitor. Another child died when they got caught in the frame of a bunk bed.
Despite the large number of recalls, consumers only send 15 to 30 percent of recalled products back to the manufacturer for repair, replacement or refund. The reasons for low response to recalls are unclear, but some think that a lack of communication and insufficient information are major contributors.
Georgia residents whose children have been harmed because of a dangerous product would be wise to contact an experienced attorney. An attorney can investigate the case and determine what the best course of action might be.
Source: USA Today, "Recalls of unsafe kids products down but often ignored," Jayne O'Donnell, March 26, 2012
]]>Last November, the woman and her family were driving to a race when another driver hit them head on. Her husband, who was also her running partner, died in the crash.
]]> Her two children, who were in the vehicle but survived the crash without major injury, support their mother's efforts. The woman says her daughter even helps with her pre-run stretching.As is so often the case with serious injuries, especially brain trauma, the woman's medical needs did not end when she left the hospital. Upon her release, she still had to undergo long-term speech therapy, occupational therapy and physical therapy. She had to learn to walk again before she could run.
There is no detail on how she and her family paid for these medical expenses. However, such extensive care is often expensive. A negligent driver who causes an accident with results similar to this one could be held legally responsible for damages such as medical costs, lost wages and more. With such support, time and proper care, victims that suffer a head injury can often make great strides towards recovery similar to this woman.
Prior to the races, the woman trained at the track where her husband went to high school, a place where the two had often run together. She said that she would be thinking about him as she completed her first race since the tragic accident.
Source: CBS Atlanta, "Woman critically hurt in deadly crash trains for 5K race," Jennifer Mayerle, March 22, 2012
]]>According to a new study from researchers at the University of Georgia's College of Public Health, an African-American has a much lower statistical chance of surviving cancer than another person from a different ethnic group. This is a national phenomenon, but it is especially pronounced in Georgia. Researchers found the greatest survival disparity when analyzing deaths from prostate, cervical, and oral cancers
]]> The exact reasons for cancer's greater impact on African-Americans are unclear, but researchers think that there are probably multiple contributing factors. African-Americans living in rural areas appear to suffer the most, and this might be related to the higher likelihood of low socioeconomic status. People with lower incomes may not have access to adequate health care. In general, more advanced health care may be harder to find outside of urban areas.When African-Americans living in rural areas seek cancer treatment from local physicians, however, they are still entitled to quality health care. The location of the doctor's practice does not matter when it comes to malpractice liability, and there is no exception for doctors who work with patients in communities with lower incomes.
Whether a doctor operates out of a rural hospital, a free clinic in Atlanta, or in the most advanced medical facility in the region, the law requires that they adequately care for patients. If African-Americans who suffer from cancer succumb to the disease at a greater rate than other groups, then medical malpractice liability may be something worth exploring.
Georgians with family members who have suffered or died from cancer and who suspect inadequate care was the cause may wish to seek legal counsel. They may be entitled to damages for substandard care provided to their loved one.
Source: News-Medical.net, "African Americans in Georgia found to have poor survival rates from cancer," Mar. 14, 2012
]]>A methamphetamine lab located in a nursing home recently caught fire and injured several people, killing at least one. The fire sent three residents and two non-residents to the hospital, including the suspected builders of the lab. One of the non-residents has since died.
]]> Authorities have not determined how the suspects built the meth lab and how it remained undetected by nursing home staff. They believe at least one resident reportedly knew about the apparatus. The meth lab was housed in a resident's room.The law requires that health care facilities, including nursing homes, provide a certain level of care. At the very least, this means that a care facility has to maintain a clean, safe environment.
When a nursing home fails to meet its standard of care - whether due to negligent staff, theft or outright abuse - the facility may be liable for any damages caused by the failure. Prior to the fire, the state had issued numerous citations to the nursing home for poor quality care and unsafe conditions.
Poor nursing home conditions may be so prevalent because it is usually not as overt as a meth lab explosion. Negligence and abuse can be difficult for outsiders to notice and hard to prove until serious consequences result.
A person who suspects that a loved one might be suffering from abuse in a care facility may benefit from consulting with an attorney who knows what signs to look for. After all, nursing home residents have the right to live well and in a safe environment, free from neglect and abuse.
Source: The Dallas Morning News, "Nursing home with meth lab fire was cited earlier," Kantele Franko, Mar. 6, 2012
]]>The victim of the fatal accident was a 31-year-old woman from Honduras. She is survived by her husband and her four-year-old daughter. The victim's husband is pleading for someone to come forward with information about the incident, as authorities have not yet been able to identify the drivers. However, the road where the accident occurred is fairly busy, so the police are confident that there are witnesses who have yet to come forward. They are continuing to investigate the case.
]]> The husband said he does not want to find the guilty drivers for his wife's sake, but to prevent such an accident from happening again. If found, the drivers could bear responsibility for the woman's death through a wrongful death lawsuit. In addition, they could face criminal penalties.In Georgia, wrongful death liability arises when someone dies due to the negligence or reckless actions of another person. Street racing would likely qualify as a negligent or reckless activity because participants often drive at speeds higher than the posted limit.
It can be life-changing when someone loses a loved one in a car accident. Although no amount of money can make up for the loss of life, it may help family members pay for funeral expenses, lost wages and for the pain and suffering they must endure as they try to move on with their lives.
Source: MyFoxDC, "Husband of Woman Killed in Silver Spring Fatal Collision Makes Plea For Information on Crash," Bob Barnard, Mar. 8, 2012
]]>Traditionally, doctors measure the negative effects of concussions based on the patient's self-reporting. In other words, doctors usually determine the seriousness of the brain trauma based on patient complaints about things such as headaches, disorientation and memory loss.
]]> This study suggests, however, that brain injury exists even after cognitive abilities return. Researchers examined two groups of athletes, one with concussions and one without. Using a motor-evoked potentials test, the group's reaction time was tested by placing an electrode on a subject's limb. After a small stimulation to the brain, the subjects were tested to see how long it took for the response to reach the subject's limb. The group with concussions showed a slower response time than those without a concussion even when the former did not self-report any cognitive impairment.This development could have far-reaching legal implications. A person may be liable for damages if he or she injures someone. Generally, the extent of the injury determines the amount of damages. If a particular class of injury, such as concussions, is found to have farther reaching implications than previously thought, then the person at fault may correspondingly be responsible for greater damages.
In addition to liability for medical bills, pain and suffering generally associated with concussions, this new knowledge could eventually lead to liability for reduced functioning. This would likely include damages for the cost of therapy as well.
Every person's medical situation is different. Also, every state has its own rules governing how much one can recover and for what types of injuries. One would need to consult an attorney to properly meet Georgia's burden of proof that a long-term brain injury indeed occurred.
Finally, it would be difficult to justify greater liability solely on this study because it is so recent. Studies have to be reviewed and replicated for their results to gain widespread acceptance. However, this study could be the first step in further understanding the intricacies of concussions and developing a greater legal understanding of long-term liability.
Source: Science Daily,"Effects of a Concussion May Last Longer Than Symptoms," Feb. 29, 2012
]]>Medicine shortages can cause particular difficulties in proving that medical personnel failed to provide appropriate treatment and are guilty of negligence. If medical personnel cannot access benzodiazepines due to circumstances beyond their control, then they are not likely liable for any resulting harm
]]> However, worries about running out of medication may tempt doctors and emergency responders to administer drugs more sparingly than usual, providing them in only the most extreme situations. But if medical personnel do have medications on hand and choose not to use them, then they may be liable for medical malpractice.There is a strong argument that patients' immediate needs should take precedence over any hypothetical future needs. Fear of running out of a medication in the future is likely not an appropriate excuse for failing to properly administer a drug. Failure to properly treat a patient is often grounds for a medical malpractice lawsuit.
As long as medical personnel possess the tools to meet the standards of care, they should do so. Any person that is harmed as a result of a doctor, nurse, or other medical personnel failing to reasonably implement all means at their disposal has the right to seek damages for negligence.
Source: WAFF, "Shortage of benzodiazepines worries emergency crews in Russellville," Marie Waxel, Feb. 20, 2012
]]>According to the groups behind the push for a recall, the issue is in the design of the baby seat. Currently, the product allows babies to be placed into the cushioned seat, but there is not an option to secure the child in with a strap. The company believes adding a strap would merely give parents a "false sense of security." To date, the seat is believed to have led to 33 skull fractures in cases where infants have fallen out of the seat.
]]> With about 4 million units sold across the United States, including here in Georgia, parents who are concerned over injuries may wonder why the product has yet to be recalled over the latest issue. However, the seat was subject to a previous recall in 2007 to add a warning label advising parents against using the seat on a raised surface.While it remains to be seen whether the CPSC will issue a recall in this latest case, parents of injured children should be aware that legal avenues may exist to address any injuries suffered due to the design of the chair. A product liability lawsuit may be filed when it is believed the product designer or manufacturer was negligent in creating a product.
Source: USA Today, "Should Bumbo Baby Seat be recalled again?" Jayne O'Donnell, Feb. 9, 2012
]]>A national survey of more than 1,800 doctors recently revealed that almost twenty percent of physicians have at some point withheld information about a medical mistake from a patient. Ten percent of doctors surveyed have lied to a patient within the past year and more than half of the doctors surveyed admitted to giving an overly optimistic prognosis to patients.
]]> In 2002, a set of medical standards was issued recommending that doctor's be honest about patient care and admit to mistakes when they occur. However, these survey results indicate a disconnection between the medical communities' approved ethical standards and doctors' actual practices.One researcher believes that doctors do not intend to be dishonest, but often tell half-truths to instill hope in a patient. However, when a doctor is not honest about an individual's prognosis, it can skew a patient's understanding of his or her condition. Patients deserve to know the truth so that they can plan their affairs accordingly and potentially choose alternative treatments.
Studies have shown that patients are less likely to file medical malpractice lawsuits if doctors are open and honest about mistakes. It is for the reason that many medical facilities are encouraging doctors to be upfront about any errors. However, nearly a third of the doctors surveyed do not believe physicians should be forthright about mistakes they have made.
Despite the survey's findings, if a doctor has made a medical mistake and caused a patient harm, they should be held accountable. In cases of medical malpractice, a patient may be able to receive compensation.
Source: Associated Press, "Survey finds MDs not always honest with patients," Feb. 8, 2012
]]>The fatal accident involved many vehicles and claimed the life of the girl's mother, her father and older sister. The teenager is now left to ponder how she is going to pick up the pieces of her life and try to cope with her pain.
]]> To make matters even more complicated, the young girl and her family have been living in the United States illegally. Her parents came to the United States 12 years ago from Brazil on legal visas. However, those visas have since expired. She has been left with no financial support or medical insurance.Fortunately, the teen has received help from her church. They have asked for donations on her behalf and are prepared to fight for her immigration status.
The accident happened in Florida and has made national news. Investigators suspect that smoke from a marsh fire and dense fog played a role in the accident. The National Transportation Safety Board is investigating the crash. Investigators are trying to determine if the fire was intentionally set.
Although no amount of money can bring the girl's family back, if someone is at fault for causing the massive car accident, the girl and any remaining family members may want to file a wrongful death lawsuit against the responsible parties. When people act irresponsibly and reckless, they should be held accountable.
Source: The Atlanta Journal-Constitution, "Florida crash | Church pleads for help after tragedy," Jan. 31 2012
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