Finch McCranie, LLP

Grinding Wheel Failures Can Lead To Serious Injury Or Death

Recently an Atlanta eye surgeon told one of the Georgia injury lawyers at Finch McCranie, LLP that his group sees at least two new patients a month with serious eye injuries caused by grinding wheel accidents. Often times , the hazards of using a grinding wheel are overlooked. When using a grinder there are several potential hazards to of which you should be aware. They include: cuts and amputations; eye injuries from flying particles; punctures from work piece or debris; hearing loss from noise; and
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Hydroxycut Recalled – May Be Linked To Liver Damage

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving dangerous drugs and consumer products. Last week the FDA announced the recall of Hydroxycut. Government officials warned dieter and body builders to immediately stop using Hydroxycut, a supplement which has been linked to serious liver damage and at least one death. According to an FDA official, the agency has received 23 reports of liver problems, including the death of a nineteen year old. It has been
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Secretary of Transportation Pushes For Child Seat Testing

Many Georgia parents employ child safety seats to protect the lives of their children without any reliable data as to the safety of the particular seat model. Now, U.S. Transportation Secretary Ray LaHood has announced that he will urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto.
If adopted, this new system would be a victory for parents who struggle to find the best car seats for their children. While federal regulators rate
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Bus Accidents Provoke DOT to Review Bus and Motorcoach Safety

Bus accidents (or motorcoach accidents) can multiply the loss of life and life-changing injuries. Our Bluffton University baseball team client will never be the same as a result of the bus accident in 2007 that left him permanently injured, and several of his teammates dead.
A bus accident in Utah in January 2008 that left nine dead likewise shows how bus safety has been a neglected issue. Today, the U.S. Department of Transportation finally took the step of ordering a “full review” of bus safety.
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Profiles In Courage: Innocent Personal Injury Victims

In today’s economic times, we hear a lot of discussion about the problems that people are having financially. While many people are emotionally suffering due to rising unemployment and adverse economic conditions, those who suffer perhaps the most during these troubling times are innocent victims in personal injury cases. Our office just settled the case of one young lady, which is a classic example of what we address in this article. Simply stated, this young lady is a living profile in courage.
On the date
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Trial Techniques – The Art of Cross-Examination – Part XVI

Rule No. 12 of 12: The successful cross-examiner understands the risks of cross-examination.
As set forth above, if an attorney asks a question that he does not know the answer to or asks one question too many, he is inviting disaster. Cross-examination is risky, particularly if a witness is hostile and adverse. If leading questions that are designed to make the witness answer with either a yes or no are not asked or if counsel begins sparring with the witness, counsel has lost control of
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Electronic Medical Records Can Reduce Errors

Over the years our Georgia medical malpractice lawyers have been involved in medical negligence lawsuits involving missing or improperly documented medical records. In an effort to avoid such problems the federal government is pressuring medical professionals and facilities to adopt electronic record keeping. While this has the potential to eliminate life threatening record keeping errors, there are also potential dangers associated with this system.
Electronic medical records allow healthcare professionals to easily document medical findings. With just a few keystrokes, a physician or PA can
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Trial Techniques – The Art of Cross-Examination – Part XV

Rule No. 11 of 12: The successful cross-examiner has the ability to make what appears to be complex become simple.
In order to adhere to this rule, experienced trial counsel knows that they must use language that layman can understand. Using lawyerly language or expansive vocabulary is not the way to go. Counsel must boil down the issues to as few as are possible so that the jury can understand what the issues are and follow the testimony and the relevance of the examination. If
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Trial Techniques – The Art of Cross-Examination – Part XIV

Rule No. 10 of 12: The successful cross-examiner knows how to force an evasive witness to give a responsive answer.
When a hostile or evasive witness refuses to answer a question, counsel must be firm and persistent in getting the answer desired. The first thing to do is to repeat the question. If the witness continues to evade, ask the witness what it is about the question that he or she does not understand. If necessary, have the court reporter read the question back to
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Trial Techniques – The Art of Cross-Examination – Part XIII

Rule No. 9 of 12: The successful cross-examiner has a good beginning and good ending to the cross-examination of the witness.
If counsel is prepared through proper investigation and discovery, counsel can start off strong and end strong. A good beginning gets the cross-examination rolling and prepared ending gets counsel down if he needs to get down without being too badly damaged by the opponent’s witness. Again, this all goes back to another rule, which is to prepare cross-examination in advance of trial.
When one
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GM Announces Massive Recall

Many Georgia drivers can expect to receive recall notices for vehicles manufactured by General Motors Corp., due to a dangerous defect which can cause the vehicle to catch on fire. In one of the largest recalls of the year, General Motors announced Tuesday that it was recalling almost 1.5 million vehicles because it cannot fix a defect in the system that squirts heated cleaning fluid on the windshield.
The recall covers many vehicles manufactured during the 2006 to 2009 model year. Since GM is
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Infections At Surgery Centers

Atlanta, and other metropolitan areas in the state of Georgia have seen a rapid expansion in the numbers of same-day surgery centers. Yesterday, the Journal of the American Medical Association published an article suggesting that lack of infection practices are common in the nations more than 5000 outpatient surgery centers.
The study was prompted by a hepatitis C outbreak in Las Vegas. This outbreak was caused by unsafe injection practices at two outpatient surgery centers.
Failure to wash hands, wear gloves and clean blood glucose
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The Federal Tort Claims Act: How To Sue The United States

When it comes to torts committed by the government and/or its employees, the beginning and ending place for any analysis is the Federal Tort Claims Act (FTCA). See 28 U.S.C. § 1346. The Federal Tort Claims Act provides a limited waiver of sovereign immunity and allows for money damages against the government for damages, loss of property, personal injury or death. In order to recover under the FTCA, one must show that the damages claimed resulted from a wrongful or negligent act of a
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Perfecting Claims Against Sheriffs And Their Deputies In Georgia

Under Georgia law, a sheriff and only a sheriff is vicariously liable for the negligent acts of his or her deputies. A county sheriff employs the deputy and the deputy reports to the sheriff. Thus, if a deputy sheriff is negligent, the sheriff is liable not the County. Notwithstanding this legal liability, however, there is a confusing element of Georgia law when it comes to perfecting claims against sheriffs and their deputies.
While the law is somewhat ambiguous in this regard and in many ways
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Using a Functional Capacity Evaluation In A Serious Injury Case

In a case involving serious injuries which threaten to impair or impede altogether one’s ability to be gainfully employed, a Functional Capacity Evaluation can be critical in helping to establish the extent of the disability. Functional Capacity Evaluations are performed according to objective criteria which have been proven to be reliable in determining the extent of job related restrictions and limitations. If a client submits to a Functional Capacity Evaluation and is proven by such objective criteria to have limited abilities, such evidence can
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Asthma Medications And Potential Safety Risks

There are several popular medications used by those who suffer from asthma which have an increased market share presence. These include Serevent, Advair and Foradel. All these medications use inhalation powders containing long acting beta agonists, commonly known as “LABA.” Beginning as early as November of 2005, the Food and Drug Administration issued a public health advisory concerning these three drugs informing doctors and patients that the use of these products could increase one’s risk of developing severe asthma and/or possibly having a fatal reaction.
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Vicarious Liability In Serious Injury Cases

A very common issue is a serious injury case is whether there exists any vicarious liability of a third party. If a truck driver runs into a motorist stopped at a stop sign and seriously injures them the question is whether the truck driver alone can be sued and/or their employer. Under longstanding legal principles, an employer is vicariously liable for the acts of the employee. As long as the employee was acting within the scope of his employment at the time of the
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Evaluating Pain and Suffering: A Difficult Task

In a personal injury lawsuit, it is always difficult for the trial lawyer representing the injured victim to talk about money in the context of pain and suffering. How does one fairly compensate an individual who is suffering as a result of the acts of a third party? Someone who is sitting still at a stop sign and who is rear-ended by a commercial truck, for example, and who sustains a broken neck or back is going to be faced with a lifetime of
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Deadly Police Chases Still In The News

As our firm handles police chases for innocent victims tragically caught up in these dangerous pursuits through no fault of their own, and as we have witnessed many different tragedies in this context, we obviously pay close attention to other similar cases throughout the country. Just this past week we read three different articles about three different pursuits in three different states in which innocent bystanders were killed during these dangerous pursuits. In none of the pursuits that we read about were any
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Military Members Have No Recourse For Medical Malpractice

Our military service members stand ready to put their lives on the line to protect the freedoms upon which our country is based. Yet, they are not provided the basic remedies available to other citizens who are victims of medical malpractice.
Under a 60-year-old Supreme Court ruling known as the Feres doctrine, service members are banned from suing the federal government for even the most egregious medical errors.
Pending before Congress is a bill that would remove that inequity. Rep. Maurice Hinchey, D-N.Y., is the
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