Finch McCranie, LLP

Surgery Patients Awake During Procedures

Many surgery patients report that they awake during surgery. They say it feels like being trapped in a corpse, unable to move or scream. Some remember hearing their surgeons talk, and a few recall feeling intense pain.
Each year, as many as 40,000 of the 21 million patients undergoing surgery in the United States may experience inadequate anesthesia, leading to anxiety and even post-traumatic stress disorder if patients regain consciousness, according to the Joint Commission on Accreditation of Healthcare Organizations.
A widely used device that
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Another Police Chase: Another Tragedy

It seems that everyday our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. One such case occurred this past weekend in Augusta, Georgia when a Sheriff’s Deputy was chasing a 19-year old suspect. Initially the officer involved pulled the suspect over and was provided his ID and driver’s license. Thus, the officer knew who the suspect was and where he lived. While the officer went back to his car to
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Another Innocent Victim Killed in a Police Chase for a Stolen Car

In February of this year, an active member of the military at Fort Benning, Sgt. Joanna Joy Ringer, age 21, was reportedly killed as yet another innocent victim in a police chase case. This time, the, innocent victim, Ms. Ringer, was killed because the police were chasing a 17 year old teenager for joyriding in a stolen pickup truck. Ms. Ringer, like all such victims, was simply at the wrong place, at the wrong time when the fleeing suspect ran head on into her car.
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Atlanta School Bus Accident Raises Questions Concerning Bus Safety

Our personal injury lawyers read today about a serious accident case involving an overturned school bus which apparently lost control and overturned about 40 miles north of Atlanta near Canton, Georgia. It was traveling from one high school to a middle school when the accident happened. When the bus overturned, even though no students were ejected from the bus, according to initial reports, approximately 25 students were injured. Two were reported to be in critical condition.
Initial news accounts state that the bus driver apparently
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Doctor Charged Criminally

In 2006, a disabled and brain damaged man, near death, was taken into an operating room at a California hospital in order to harvest his organs for donation. Law enforcement officials contend that what occurred in the operating room was a criminal act. The surgeon, Dr. Hootan Roozrokh has been criminally charged with prescribing excessive and improper doses of drugs, apparently in an attempt to hasten Mr. Navarro’s death to retrieve his organs sooner. The doctor is facing three felony counts relating to his actions
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New Supreme Court Decision Makes It More Diffcult For Georgia Lawyers To Sue Medical Device And Drug Companies In Product-Injury Claims

Last Wednesday the Supreme Court of the United States made it harder for injury and wrongful death victims to sue manufacturers of federally approved medical devices. This decision will also impact cases involving dangerous drugs. The issue before the Supreme Court was whether the Estate of Charles Riegel could sue a company under state law over a medical device which had previously been cleared for sale by federal regulators. Under federal law, a company must prove the safety and effectiveness of a medical device
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Atlanta Police Chase

Atlanta TV stations are reporting that this afternoon, a car veered into a bus stop during a police chase and struck four pedestrians. The incident was near Metropolitan Parkway and University Drive.
According to reports, the Atlanta Police were chasing three juveniles in a stolen vehicle when the car ran into the bus stop. One juvenile was apprehended at the scene while two others escaped.
Four of the people involved were injured, one critically. This is another instance of innocent civilians harmed and/or killed
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Dangerous Drugs–Who Is The FDA Trying To Protect?

In January of this year, the FDA issued a proposed rule which directly contradicts Congress’ expressed intent when it passed the Food and Drug Administration Amendment’s Act of 2007 (FDAAA). Unlike the FDA’s proposed rule, Congress intended the duty to warn customers of a drug’s hazards rests with the drug company, who is in the best position to warn about problems associated with the drug. However, under the FDA rule, drug companies will enjoy more relaxed labeling requirements and will use the rule to claim
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Trasylol Heart Drug Dangers Hidden By Manufacturer

Two studies have concluded that heart surgery patients are more likely to die if given the anti-bleeding drug Trasylol. The drug has been widely used for the last 14 years to treat hundreds of thousands of heart bypass patients each year. Drug manufacturer Bayer AG ceased sales of the last fall, after a Canadian study was halted because of deaths among patients taking Trasylol.
The new studies are being published this week in the New England Journal of Medicine. Bayer funded one of the two
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Medical Device Manufacturers Receive Protections

This Wednesday the Supreme Court issued a major anti-consumer opinion, making it harder for consumers to sue manufacturers of federally approved medical devices.
In an 8-1 decision, the court ruled against the estate of a patient who suffered serious injuries when a catheter burst during a medical procedure. The case has significant implications for the $75 billion-a-year health care technology industry, whose products range from heart valves to toothbrushes.
At issue before the Supreme Court was whether the estate of Charles Riegel could sue
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Dog Bites: A Crash Course on Potential Legal Liability

Man’s best friend can turn into a legal headache when a dog bite occurs. Understanding the potential legal liabilities surrounding dog bites is essential for both dog owners and those who find themselves on the receiving end. In this crash course, we delve into the intricacies of dog bite laws and the responsibilities that come with canine companionship.

The Legal Landscape of Dog Bites

In many jurisdictions, dog owners are held strictly liable for injuries caused by their pets. This means

that regardless of the dog’s previous behavior or the owner’s knowledge of aggressiveness, they may be held responsible for damages resulting from a bite. This strict liability extends to public places, private property, and even the dog owner’s home.

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MEDICAL EXPENSES OR OTHER BENEFITS WITH SUBROGATION

Subrogation is a complicated concept, likely unfamiliar until you find yourself entangled in a lawsuit. In the realm of personal injury cases, it empowers insurance providers to step into the injured party’s shoes, posing critical questions about medical expenses and responsibility.

Illustrating Subrogation in Personal Injury

Imagine being in a car accident through no fault of your own, resulting in medical treatments covered by your health insurance. If you decide to sue the at-fault driver, the crux becomes whether their insurance should reimburse your

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How to Prepare a Good Personal Injury Demand

To start, let’s define what a demand is. Demands come in many forms, but when it comes to personal injury, a market is a written formal request for payment to settle an outstanding claim or legal matter.  More simply, it is an offer stating the amount of money it would take for your client to pay all claims and dismiss or refrain from filing a lawsuit against the party that caused harm.  Accordingly, it must be presented well.

Writing a demand is an

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Who is the Proper Party to Bring a Wrongful Death Lawsuit in Georgia?

For over 50 years, Finch McCranie L.L.P. has been a stalwart advocate for families in Atlanta and across Georgia, handling numerous wrongful death lawsuits. In the unfortunate event of a person’s demise due to negligence, understanding the intricacies of wrongful death claims becomes paramount. This comprehensive guide sheds light on critical aspects, from entitled parties to the bifurcation of claims.

Understanding Wrongful Death Claims in Georgia

Wrongful death claims in Georgia typically encompass two distinct categories:

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Tolling of Estate Claim in Georgia Wrongful Death Cases

Tolling of Estate Claim

This post will deal with the tolling of claims due to death and up until the appointment of an administrator.

Remember, a wrongful death action consists of two categories of claims:

those that belong to the decedent’s survivors and consists of the “full value of the life of the decedent,” and those that belong to the estate and include medical expenses incurred prior to death, funeral and burial expenses, conscious pain and suffering prior

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How Much Is Medical Malpractice Insurance? – Find Out Here!

If you’re in the healthcare profession, understanding the cost of medical malpractice insurance is crucial.

Medical malpractice insurance provides coverage for healthcare professionals in the event of claims arising from alleged negligence or mistakes in their practice.

The price of this insurance can vary depending on many factors, including the location, specialty, and healthcare provider’s experience.

Let’s delve into the details and shed light on the average cost, factors influencing pricing, different pricing options, and tips for obtaining affordable medical malpractice insurance.

What Is The Average Cost Of Medical Malpractice Insurance?

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Hiring the Right Advocate: A Guide to Medical Negligence Attorneys in Atlanta

Pursuing justice in medical negligence cases in Atlanta requires a skilled legal ally. 

Finding the right attorney is crucial when you or a loved one has experienced harm due to medical malpractice. 

A Medical Negligence Attorney in Atlanta can be the key to navigating the complex legal terrain and securing the compensation you deserve.

Understanding Medical Negligence

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Damages in a Georgia Medical Malpractice Case

Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice. 

These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care. 

Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases. 

Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.

General Damages: Pain, Suffering, and Beyond

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Time Limitations in Georgia Medical Malpractice Cases

Time is a pivotal factor in legal proceedings, especially when dealing with medical malpractice cases in Georgia. 

These cases come with stringent limitations and exceptions, shaping the window of opportunity for seeking justice. 

Understanding the intricacies of these limitations is crucial, as they significantly impact the ability to pursue a case successfully.

Statute of Limitations: A Race Against Time

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The Future of Product Liability: Emerging Trends and Challenges

Product liability refers to the legal responsibility of manufacturers and sellers for injuries and damages caused by their products. 

Traditionally, product liability cases focused on defective products or inadequate warnings. 

However, several new developments are influencing the future of product liability.

Digitalization and IoT

The Internet of Things (IoT) revolutionizes how products operate and interact with users. 

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