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
(more…)

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
(more…)

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,
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

Products Liability Claims Based On Failure To Warn

All manufacturers have a duty to warn consumers of dangers associated with the use of their products. An example of this would be drug manufacturers who dispense and promote the sale of prescription medication with known side effects. Warnings of these side effects must be provided to consumers so that they can make informed choices before they use such products. However, many different products in the marketplace have risks attendant with their use and consequently it is incumbent upon the manufacturer to warn the public
(more…)

Suing Restaurants And Lounges For Serving Alcohol To Visibly Intoxicated Patrons

The Dram shop theory of liability is a legal doctrine which essentially holds that restaurants and lounges who serve noticeably intoxicated patrons with alcoholic beverages knowing that they are soon to drive can be held liable to third parties who are injured by such drunk drivers. Drunk driving is a major problem in this country and those vendors, including specifically restaurants and lounges, who serve visibly intoxicated patrons should be held legally liable for the damages inflicted by their customers. Responsible restaurant chains and lounges
(more…)

Tire Failures Cause Many Automobile and Truck Accidents

Tire failures have caused the death or serious injury of many motorists in Georgia and across the nation over the years. There are many causes of tire failure but the Georgia injury lawyers at Finch McCranie, LLP know that one of the most common causes for tire failure is heat buildup. Heat buildup, especially in truck tires, usually results from under-inflation, overloading, high speed operation or a combination of these factors. A recent study by The National Highway Transportation Safety Administration (NHTSA) demonstrated that the top two types of damage for tire debris fragments found on the roadside were: road hazard (39%) and excessive heat (30%). Sometimes, tire failures occur because the tires being sold and used on a particular vehicle are not suitable for that vehicle or application.

(more…)

Malfunctioning Products And Wrongful Deaths

We have read in the Atlanta newspapers this week about the tragic death of three people who died in a house fire in Palmetto, Georgia, which according to news reports was started by “an oxygen generating device that malfunctioned.” Although the news articles do not provide sufficient information to determine how this was concluded, the spokesperson quoted was from the State Insurance and Safety Fire Commissioner’s Office. It appears, therefore, that the tragic fire which resulted in the three wrongful deaths was caused by a malfunctioning product, which shorted out somehow and caused the blaze resulting in these three tragic deaths.

(more…)

Wrongful Death Of A Child Where The Parents Are Divorced Or Separated

Georgia has an “equitable apportionment” statute which essentially states that either parent of a deceased child, when divorced, separated or living apart, may file a lawsuit for the wrongful death of their child, notwithstanding the divorce or separation. In such a case, the parent that brings the wrongful death case does so in a fiduciary capacity proceeding not only on their on behalf but also on behalf of the divorced/separated spouse who obviously also has a legal interest in the death of their child.

(more…)

Punitive Damages In Georgia Wrongful Death Actions

In Georgia, as a general rule, punitive damages are not allowed in a wrongful death action. Commentary in various legal decisions have indicated that because damages in a wrongful death are somewhat punitive by nature that an award of additional punitive damages would be inappropriate. While punitive damages may not be collected in a wrongful death action per se, nonetheless, because of the unique provisions of Georgia law which confer upon the personal representative the right to bring a claim for property damage and/or
(more…)

How Does A Jury Calculate The Full Value Of The Life Of The Decedent?

In a wrongful death action, as indicated in other entries, juries in Georgia are permitted to award both economic and non-economic damages for the “full value of the life of the decedent.” We have written before about the intangible elements of the non-economic damages and the calculations that one would argue to a jury that would be appropriate in establishing lost wages over the earning lifetime of the decedent.
In calculating damages for the full value of the life of the decedent, obviously, every
(more…)

Road Debris On Georgia Highways Can Kill

Georgia injury lawyers have seen many serious automobile accidents, tractor-trailer accidents and motorcycle accidents caused by foreign objects and road debris on Georgia highways. Not a week goes by that we do not see a significant amount of road debris laying in the middle of Atlanta highways. Just last week a 19 year old girl was killed in Tifton, Georgia when she collided with a tractor-trailer. Both vehicles were heading south on Interstate 75 when the girl swerved to avoid a piece of rubber in the roadway. After running off the roadway, she apparently over-corrected, came back onto the roadway and struck the tractor-trailer rig.

(more…)

Using Annuity Mortality Tables In Wrongful Death Actions

Under Georgia law, there is a statutory Annuity Mortality Table which was passed into law in 1949. This table is commonly referred to by Georgia lawyers as “The Annuity Mortality Table 1949 Ultimate.” The figures in this table have been used for years in wrongful death actions and are still relied upon by juries today in assessing damages. Essentially, the Mortality Table shows that if a person has lived to a certain age that it is likely they will live a certain additional number
(more…)

Proving Damages For The Wrongful Death Of A Child

Obviously, the heartache, trauma and tragedy of losing a child is unspeakable. And yet, as set forth in prior entries, the measure of damages under Georgia law is not from the standpoint of the parents who sustained the loss of a child but rather from the standpoint of the child who lost their life. This can be difficult for any lawyer to prove because a child does not have proven earning’s records nor is the child’s future easily predicted. Typically, because parents who lose children
(more…)

Secret Link