Finch McCranie, LLP

Medical Mistakes Not Uncommon

According to Healthgrades, an independent health care ratings company, 247,662 patients studied between 2003 and 2005 died from potentially preventable problems. The Institute of Medicine estimates that 1.5 million patients every year suffer from mistakes with medications.
People can sue for damages under state law if they’re harmed by drugs and medical products, but the Bush administration argues that states have no right to fault a company for selling a product that has been reviewed and approved by the federal government.
“Blocking such lawsuits, in
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Another Tort Reformer Sues

In what seems to be a classic case of “do as I say, not as I do,” one-time U.S. Supreme Court nominee Robert H. Bork, an advocate for limiting the right of ordinary citizens to sue for damages, has settled a $1 million lawsuit Friday against the Yale Club of New York.
Bork sued in Manhattan federal court last year claiming he fell stepping onto a platform to speak. Bork’s lawsuit alleged he injured himself so badly at the June 2006 event that he needed
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Traumatic Brain Injuries Are On The Rise

In our personal injury practice, we have seen evidence here locally of what has been documented to be a growing and national problem. We have seen more and more brain injury cases resulting from traumatic events, typically tractor-trailer accidents, automobile accidents or some other traumatic incident, many times caused by the negligence of a third party. We have also seen these cases in the context of serious on-the-job injuries. What we see here in our practice mirrors the growing nature of this problem. Indeed,
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Doctor Sues for Medical Negligence

Our Atlanta personal injury lawyers constantly hear calls from doctors and politicians to limit the rights of recovery of innocent patients injured by medical negligence. Often, the rights of these innocent patients are sacrificed for the monetary benefit of physicians and big insurance companies. One need look no further than the so called “tort reform” package passed by the Georgia legislature in 2005 and later signed into law by Governor Perdue.
Doctors are quick to support this erosion of rights for patients until it happens
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High-Speed Police Chases: One Person Can Make A Difference

On our blog, we have written numerous articles about the dangers associated with high speed police chases. Our firm has handled numerous wrongful death and serious injury cases arising out of these very dangerous pursuits.
By and large the public does not appreciate just how dangerous police chases are. Indeed, more people are killed each year from police chases than are killed as a result of police firearm incidents. Over the last ten (10) years more people have died in police chases than were
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Brain Injuries and the Uninsured

The saddest personal injury cases we see in our serious injury law practice often times involves those who have suffered traumatic brain injury resulting from an automobile, tractor-trailer collision or some other traumatic event, with these tragedies being seriously compounded by the unavailability of insurance. While there has been some media attention on the number of uninsured individuals in this country who have no available health insurance coverage, the impact of this problem is not really seen or appreciated until one is confronted with overwhelming
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Insulin Pump Dangers

Federal regulators are sounding a warning about dangers associated with the use of insulin pumps by children and teenagers. Insulin pumps are used by tens of thousands of young people worldwide with Type 1 diabetes.
The Food and Drug Administration is warning parents to be vigilant in watching their children’s use of the pumps. They are not advising against using the pumps, but suggested further study to address safety concerns in teens and even younger children who use the popular pumps.
Researchers found that in
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MRSA Infections in Hospitals and the Community Continue to Rise

MRSA is a staph becteria which has been in the news in recent years as serious problems have been reported in hospitals and other health care facilities. Staph bacteria, even those that aren’t resistant to antibiotics, have long caused serious infections.
In the 1960s, the first reports surfaced of staph infections that had stopped responding to the antibiotic methicillin. Over the decades, those strains have spread, and the germs have developed resistance to other drugs, largely in hospitals where they infect patients weakened by disease
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Heparin Victims Testify Before Congress

Victims of the wrongful death of their loved ones testified this week before Congress concerning adulterated supplies of Heparin. One of the largest suppliers of this drug, which is used in kidney dialysis and various other surgeries to prevent dangerous blood clots, is Baxter International, Inc. Not only did the victims of families who have been damaged by this product testify before Congress, representatives from Baxter were also subpoenaed by the Energy and Commerce Committee which is reviewing the Food and Drug Administration’s response
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Medical Group Fights Industry Influence

The Association of American Medical Colleges has proposed that drug and medical device companies should be banned from offering free food, gifts, travel and ghost-writing services to doctors, staff members and students in nation’s medical colleges. The Association has begun to write a model policy governing relationships between the schools and industry. While medical schools can ignore the association’s advice, most follow its recommendations.
The rules would apply only to medical schools, but they could have enormous influence across medicine, according to medical educators.
Drug
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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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Crib and Playpen Injuries Studied

Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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The Importance Of Uninsured/Underinsured Motorist Coverage

We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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Deaths Reported From Infant Child Monitors — Recall Issued

The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Victims Of Crime And Personal Injury Claims

Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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Car Accident Cases: How Does One Determine Settlement Value?

If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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Car Accident Cases And Quick Cash Settlements: A Bad Idea

As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.

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Car Accidents And Quick Cash Settlements

Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.

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