Finch McCranie, LLP

In An Accident While Traveling Out Of Town: What Law Controls?

We are often called by clients who have traveled through the Atlanta area only to be the unfortunate victim of a third party’s negligence. Calls usually come from those in car accidents or tractor-trailer collisions. Sometimes a slip and fall is involved or a defective product. These innocent persons sometimes are hospitalized following the incident in Georgia and then sent back to their home states for follow up treatment. When they reach out to an attorney the usually are being overwhelmed with medical
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Wrongful Death Cases: Who Has The Claim?

It is not unusual for our firm to be contacted by family members who are bereaved over the death of a close family relative. Oftentimes the individual is killed through the negligence of a third party and the family member simply wants to understand the law that pertains to the claim. Sometimes, however, family members can get in an argument among themselves as to who has the right to pursue the claim for the wrongful death. While Georgia, like many states, has a statutory scheme
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Structured Settlements In Serious Injury Cases

In any serious injury case involving permanent or lifetime injuries, careful consideration should be given to whether a structured settlement should be part of any settlement of such a case. A structured settlement agreement is a device whereby if the overall lump sum amount can be agreed upon, a certain percentage of it can be set aside and invested in an annuity that will pay benefits over the victim’s lifetime, usually on a monthly basis. Such benefits are extremely important for people who are disabled because it provides them a safety net and allows them to pay rent and other necessary living expenses as they grow older. Particularly in those cases where a victim is incapacitated and unable to work, a structured settlement agreement can provide a lifetime of revenue for necessary living expenses.

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Hospital And Medical Liens: What Should A Victim Do?

In a serious injury case the victim is usually overwhelmed with medical expenses, lost wages, terrible pain and suffering, and a total disruption in their personal, family and home life. If they are fortunate enough to have good counsel and they are fortunate enough to get a good settlement from the third party responsible for inflicting the injuries upon them, it will not be uncommon for such a victim to have to deal with a host of medical lien issues. The most common medical liens
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Implantable Defibrillators Frequently Used In Inappropriate Cases

More than 20% of patients who received an implantable cardioverter-defibrillator — a high-tech device that produces electrical impulses to regulate heartbeats and prevent life-threatening arrhythmias — in recent years were not good candidates to receive the device, a new study suggests.
Researchers at Duke University looked at more than 111,000 patients who received ICD implants between 2006 and 2009. More than 25,000 of those patients did not meet evidence-based criteria for receiving the device, according to the study.
The risk of dying in the hospital
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Inhalers Recalled Due To Mislabeling

The Food and Drug Administration is also concerned that hospital, med-center and emergency patients may be given the higher dose, as correctly labeled outer packaging is generally discarded.
Health care providers seeing only the mislabeled bottle would be very likely to give the wrong dose, especially since the two solution strengths are distilled in equal sized bottles. The .05 mg/3 ml bottles look just like the 2.5 mg./ 3 ml bottles. Only the strength differs.
Albuterol Sulfate Inhalation is sold in single use dosage bottles,
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Subrogation Claims In Personal Injury Cases

In car accidents, tractor-trailer accidents, medical malpractice or other serious injury cases, in the event a settlement is reached, there is always the possibility of a subrogation claim being asserted by a third party against the settlement proceeds. Subrogation claims are usually claims held by insurance carriers that have paid medical benefits. The victim who was injured by the negligent truck driver, for example, may have incurred hundreds of thousands in medical bills for expensive surgery. If a third party health insurance carrier pays these
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Food-Borne Safety Bill Signed But in Trouble

Each year, according to the most recent Centers for Disease Control and Prevention estimates, 48 million people, that is one in six Americans, are sickened by food-borne illnesses. Of those, 180,000 are hospitalized and 3,000 die.
The first major overhaul of the nation’s food-safety infrastructure since 1938 was signed into law yesterday by President Obama.
The Food Safety Modernization Act moves the Food and Drug Administration (FDA) away from its early-20th-century role of responding to adulterated food to a more modern one of requiring companies
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Electric Adjustable Beds Singled Out For Dangers

Electric adjustable beds have been singled out for causing serious injuries and death. Yesterday, the Food and Drug Administration issued a warning to Invacare Corp. for failing to report and address malfunctions with its electric beds, including electronics that allegedly caught on fire causing injury and death.
The FDA posted a warning letter to the Ohio-based company Tuesday morning. Invacare makes a variety of medical equipment, including wheelchairs, oxygen tanks and electric beds.
In its Dec. 15 warning letter, the FDA said the company
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Settlement Releases In Personal Injury Cases

Anytime a serious injury case is settled for a particular amount of money, the insurance company for the at fault third party involved will insist on a Release of all claims, not only against their insured responsible for the damages but also for the insurance company issuing the check on their behalf. This is standard as part of any serious injury or personal injury case whereby monies are paid as consideration for a settlement. In all such cases, counsel should be conferred with because the
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How to Recognize Medical Malpractice in Your Healthcare

In healthcare, trust between patients and medical professionals is paramount. 

Patients place their well-being in the hands of doctors, nurses, and other healthcare providers, expecting to receive the highest level of care. 

However, there are instances where medical malpractice can occur, leading to adverse consequences for patients. 

This article aims to guide you on recognizing medical malpractice in your healthcare. 

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Product Liability Insurance: What Businesses Need to Know

In a world where product-related lawsuits are rising, businesses must be well-prepared to protect themselves against potential liabilities.

Product liability insurance is a crucial aspect of risk management that every business should consider.

This article will delve into the details of product liability insurance, why it is essential for companies, and how to choose the proper coverage.

Understanding Product Liability Insurance

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Medical Malpractice and Healthcare Reform: Current Challenges and Solutions

In healthcare, the importance of addressing medical malpractice cannot be understated.

This article delves into the intricacies of medical malpractice and the urgent need for healthcare reform.

We will explore the definition of medical malpractice, its impact on patients and healthcare costs, the current state of healthcare reform, and propose solutions to this ongoing issue.

Understanding Medical Malpractice

Defining Medical Malpractice

Medical malpractice refers to the professional negligence of healthcare providers that harms patients.

This negligence can occur through acts of omission or commission.

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Navigating the Medical Malpractice Claims Process

Medical malpractice can be a daunting and emotionally charged experience, but understanding the claims process can help you navigate this complex terrain.

This article will guide you through the essential steps of pursuing a medical malpractice claim.

Understanding Medical Malpractice

Medical malpractice refers to instances when healthcare professionals fail to meet the standard of care expected within their field, causing harm to a patient.

It includes a range of actions, such as misdiagnosis, surgical errors, medication mistakes, and more.

Common Types of Medical Malpractice

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Anatomy of Product Liability: Causes and Consequences

Product liability is a legal concept that holds manufacturers, distributors, and retailers responsible for producing and selling defective products or posing a consumer risk. 

It is a critical aspect of consumer protection, ensuring that products are safe and reliable. 

This article will delve into the anatomy of product liability, exploring its causes and consequences.

The Basics of Product Liability

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Medical Malpractice Insurance: What You Need to Know

Medical professionals, including doctors, nurses, and other healthcare providers, are dedicated to saving lives and providing quality care to patients.

However, medical errors and malpractice cases can occur despite their best efforts.

Medical malpractice insurance is a crucial safeguard for healthcare professionals and organizations.

This article will delve into the intricacies of medical malpractice insurance, its importance, and what you need to know about it.

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Navigating Professional Malpractice in Atlanta: Your Path to Justice and Compensation

Professional malpractice, in any field, can be a distressing experience for those who have placed their trust and resources in the hands of professionals. 

Like any major city, the need for competent and ethical professionals is crucial in Atlanta. 

Unfortunately, there are instances where these professionals may fail in their duties, leading to a dire need for a professional malpractice attorney in Atlanta.

What Does a Professional Malpractice Attorney Do?

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Understanding Product Defect Injuries: Causes, Consequences, and Your Rights

In today’s consumer-driven world, we rely on many products for our daily needs, from household appliances to automobiles.

While most products are designed and manufactured with the utmost care, there are instances where defects can lead to injuries.

This article will delve into product defect injuries, exploring the causes, consequences, and your rights as a consumer.

What Are Product Defect Injuries?

Product defect injuries occur when a consumer sustains harm due to a defect in a product they have purchased or used.

These injuries

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Understanding Product Liability Class Action: Protecting Consumers’ Rights

Product liability class actions have become increasingly prevalent in today’s consumer-driven world.

These legal actions empower consumers to seek justice when a defective product has harmed them.

This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.

What Is a Product Liability Class Action?

A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively

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Unveiling the Truth: Medical Malpractice Investigation

In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.

Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.

This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,

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