Finch McCranie, LLP

Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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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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