Finch McCranie, LLP

Georgia Nursing Home Abuse & Negligence Cases

For Georgia lawyers handling nursing home abuse and negligence cases, we are seeing new litigation hurdles to overcome. Nursing home owners are creating new corporate structures to disguise the actual ownership of the nursing homes. It is a “corporate shell game” where the actual owners set up holding corporations to avoid responsibility. If you look at the way the facility is established, there will be a contractual relationship between a management company and a nursing home, where the same human being is on both
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81% of Georgia Nursing Homes are Deficient in Quality of Care and Other Services

You don’t have to be an Atlanta injury attorney to know that nursing home abuse and negligence is alive and well in Georgia and across the country. For most elder people, their greatest fear is being put in the dreaded nursing home and for good reason. In our practice, we have noted that more often than not these homes are understaffed by unqualified employees.
The Office of the Inspector General of the Department of Health and Human Services recently completed a study and issued

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Off Road Recreational Vehicles Probed

Our serious injury lawyers have investigated cases involving off-road recreational vehicles. Now, the U.S. Consumer Product Safety Commission, CPSC, is probing the design of these so-called recreational off- highway vehicles after reports of fatal accidents involving new products which are currently unregulated.
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The investigation involves several brands and more than 30 daeths. The Wall Street Journal has reported that the Yamaha Motor Rhino was a focus of the inquiry, with at least 30 deaths.
The investigation has brought attention to gaps in oversight of
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Defective Airbags Can Result In Serious Injury Or Death

As Georgia injury lawyers who have handled many automobile and truck accident cases, we sometimes see defective products that lead to injury and death in collisions. One such defect involves airbags. Although airbag failures are not common, there are many reasons for there failure. Many fail because of design defects or defects in components.
Just last month, Nissan Motor Co Ltd announced plans to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger
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Dangerous Crib Lawsuit

Illinois Attorney General Lisa Madigan has filed a lawsuit against a crib distributor for allegedly ignoring a nationwide recall of bassinets that can cause babies to suffocate. Madigan criticized federal regulators Wednesday for failing to take aggressive action against SFCA Inc., the owner of the Simplicity brand.
Madigan’s lawsuit seeks a recall that SFCA would publicize in newspapers statewide. It also seeks a refund for retailers. “Our investigation revealed that SFCA continued to distribute recalled products that posed serious risks to children,” Madigan said in
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High Speed Chase Ends In Two Deaths: Was It Worth It?

According to news reports, Atlanta Police Officer Sgt. Darrell Johnson was killed on Friday morning, October 24 when his vehicle was struck head-on by a fleeing suspect during a high speed police chase. Not only was the police officer killed, the fleeing suspect was killed as well.

The newspaper reports are sketchy, however, it appears that the high speed chase began when authorities received a 911 call from a member of the public who had spotted the suspect’s car while weaving. The officers apparently attempted to make a traffic stop of the suspect. When the suspect refused to stop for the suspected traffic violation, he took off, thus initiating a “high speed” chase. During the chase, the suspect lost control, crossed the center line and hit Sgt. Johnson’s vehicle head-on.

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Drug Manufacturer False Advertising

The Food and Drug Administration has taken issue with drug manufacturer Bayer over advertising claims for two aspirin medicines manufactured by the company. Bayer promotes the medicines as leading to healthy hearts and stronger bones.
The FDA sent two warning letters to Bayer for never submitting proof that its pills are effective in battling heart disease and osteoporosis as claimed by Bayer. The two drugs are Bayer Women’s Low Dose Aspirin + Calcium and Bayer Aspirin With Health Advantage.
Treatments for those diseases must be
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Accident Reconstruction Experts and Serious Car Accidents and Collisions

In our serious injury practice, we are often encountered by cases where there is a dispute concerning liability for a particular collision. The tractor-trailer driver contends that he was forced off the road by an unknown John Doe motorist. The at fault driver who ran over the pedestrian claims that he or she could not see the pedestrian due to lighting conditions. The driver who is speeding denies that, in fact, he was speeding, and on and on. In cases involving serious or catastrophic injuries
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Settling a Personal Injury Law Suit

Needless to say, our attorneys are often asked by our clients when they should settle their personal injury lawsuit and in what amount. These question, many times, presuppose that both liability and damages are clear enough to warrant a settlement in a particular case. Oftentimes, liability is hotly contested as are damages and a case is therefore made more difficult from the settlement standpoint. However, in a case where the liability of the person causing the injury is rather clear and the damages are well documented, a fair settlement should be achieved. It is with respect to this type of case that we attempt in this blog to answer the question posed.

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Car Crashes, Car Collisions and Automobile Insurance

Our attorneys routinely handle serious injuries arising out of car collision and crashes. We are always amazed to learn just how little the public knows about automobile insurance coverages and generally how they work. The purpose of this blog is simply to set forth some of the basic principles so that the public can be educated about how automobile insurance coverage works in the typical case.

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Georgia Patients Denied Recovery For Medical Malpractice

Georgia medical malpractice cases have become increasingly difficult to bring as the legislature enacts more and more restrictive laws. A fact which many do not know is that patients injured by highly negligent actions in Georgia emergency departments have no right of recovery. This is due legislation which established a gross negligence standard which governing the actions of emergency room personnel.
This standard has been interpreted by the Georgia courts as requiring almost intentional conduct.
The extreme unfairness of this law is illustrated by a
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The Summer Motorcycle Season Has Begun In Georgia

Anyone who spends time in the mountains of Georgia or North Carolina knows that the summer motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.
Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver’s make mistakes that cause serious injuries. A Georgia man lost his foot as a result of an inattentive driver who ran a traffic light; a North Carolina man lost his life when a tractor-trailer turned left into his right of way; and a Florida man suffered a traumatic brain injury when the defendant driver ran a red light. The fact is that there is no way to completely eliminate the risk, even for the most skilled bikers but staying alert and ride defensively can help.

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The Federal Tort Claims Act: Determining The Law Of Liability

When a claim is asserted against the United States government, the claim is based on the alleged liability of the United States in accordance with the law of the place where the negligent act or omission occurred. As an example, if a postal truck runs over someone in the State of Georgia, the laws of the State of Georgia will control whether the acts of the postal carrier driver were negligent. The liability of the United States as stated in other entries is the same
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Motorcycle Accident Result in Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. A few months ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was hit broadside in an intersection by a doctor who ran a red light in her SUV. Although the motorcycle was not demolished, the injuries were devastating. As a result of the injuries he sustained, doctors had to amputate several toes and part of his foot. In this case and most others, the motorcycle rider was obeying the law and did nothing to cause or contribute to the collision.

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Serious Burn Injuries In Georgia

Georgia injury lawyers know that accidents involving serious burn injuries are more common than one might think. The American Burn Association estimates that 1.1 million significant burn injuries occur every year in the United States. Most commonly, burns are caused by: automobile accidents, gas and other flammable liquid fuel explosions, scalding/hot water, electrical accidents, industrial accidents, gasoline spills, building fires, defective candles, lighters and matches; however, the causes are numerous. We have seen cases involving propane powered forklifts which leak gas inside
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The Federal Tort Claims Act: Where To File And Who To Sue

Assuming an administrative claim is properly submitted and is denied and a lawsuit is thereafter commenced, the lawsuit must be filed in United States District Court, not in a state court. One advantage of proceeding under the Federal Tort Claims Act is that such a suit can be brought in the Federal Judicial District where the plaintiff resides or where the negligent act or omission occurred. Thus, if a person is traveling, as an example, and is hit by a postal carrier running a stop
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Dog Bite Cases In Georgia

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention.

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The Federal Tort Claims Act: No Right To A Jury Trial

Under the specific provisions of the Federal Tort Claims Act (FTCA) there is no right to a jury trial. See 28 U.S.C. § 2492. This is one of the disadvantages of suing the United States government but because the FTCA is a limited waiver of sovereign immunity, the provisions of the Act control. Simply stated, the limited waiver provisions provide that there is no right to jury trial when suing the United States government. What this means is that once the case is assigned to
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New Georgia Laws In Effect To Curb Automobile Accidents and Truck Accidents

Beginning today, several new Georgia laws intended to reduce automobile accidents, tractor trailer truck accidents and motorcycle accidents go into effect. One of these is the Texting While Driving law. Georgia drivers under the age of 18 will be charged if they talk or text on a cell phone while driving. Under this new law, all drivers, regardless of age will be charged if they write, send or read a text message, email or access the Internet while driving. If found guilty a motorist will be fined $150.00 and will be assessed 1 point on his or her driving record.

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Georgia Bicycle Accidents

The Georgia injury lawyers at Finch McCranie, LLP represent clients who have suffered personal injuries from bicycle accidents or who are survivors of cyclists killed in accidents caused by the careless or negligent conduct of others. Surprisingly, many of these bicycle accidents do not involve other drivers but were caused by the negligence of road contractors, construction companies, and even public utility companies. Injuries suffered as a result of these types of accidents can be severe and life altering. Most common are nerve damage, broken or dislocated bones, and injuries to the neck, back, brain, or spinal cord. Sadly, some of these bicycle accidents result in the wrongful death of the cyclist.

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