Finch McCranie, LLP

Dangerous Toys On Shelves At Christmas

Dangerous hazards are still finding their way into toys despite recently improved safety standards, according to a report recently issued by the American Association for Justice.

According to the report, for years, corporations have knowingly shipped toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil lawsuits forced regulators or manufacturers to act.

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Claims Against Georgia Counties: Waivers of Sovereign Immunity

There are limited waivers of sovereign immunity when it comes victims of the negligence of a county employee. Unless a county’s sovereign immunity has been waived by statute, there is no legal claim that can be filed. An example of a waiver of a county’s sovereign immunity is the waiver of sovereign immunity by law where a county employee is operating a county vehicle. There is a specific Georgia statute which provides for the waiver of sovereign immunity with respect to such claims. See O.C.G.A.
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Suing Uncle Sam: The Federal Torts Claim Act

The Federal Torts Claim Act is found at 28 U.S.C. § 1346. It provides for a limited waiver of sovereign immunity with respect to tortious acts committed by federal agents and employees. Under its provisions, only the United States of America may be named as a defendant, not the agency or employee who committed the tort. An administrative ante-litem notice must be filed within two (2) years after the claim accrues. There is a waiting period before suit can be filed against the United States which is either when the written denial occurs or six (6) months, whichever is earlier.

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Senate Passes Bill To Help Prevent Food Borne Illnesses

Today, the United States approved the biggest overhaul to the nation’s food safety laws since the 1930s. By a bipartisan vote of 73-to-25 the new law would gives new authorities to the Food and Drug Administration, places new responsibilities on farmers and food companies to prevent contamination, and for the first time, sets safety standards for imported foods.
The Senate vote was one of the few pieces of legislation to receive bipartisan approval in years. The House of Representatives approved a more stringent version of
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Suing State Government In Georgia: Exceptions to Sovereign Immunity

There is a State Tort Claims Act found at O.C.G.A. § 50-21-20, et. seq. The Act resulted from an amendment to the Georgia Constitution and became law in April of 1992. It was intended to provide a remedy for torts committed by State officers and employees and establishes a procedure to waive sovereign immunity under certain circumstances to allow suits against the State for tortious acts of state agents, employees and/or officers. Individual State officers and/or employees may not be named as a party to a lawsuit. Under the State Tort Claims Act, the exclusive remedy for a tort committed by a State employee is an action against the state agency involved and not against the employee personally.

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Nursing Homes Hide Behind Confusing Ownership

Our Atlanta based attorneys frequently pursue cases against nursing homes involving horrible neglect and abuse of elderly and disabled persons.
In most of these cases our attorneys must sort through a maze of companies and entities designed to hide the true ownership of these offending entities and thereby avoid responsibility.
It is encouraging to see that several national lawmakers in the health policy world now want want nursing homes to be more open about who’s running them.
Sens. Max Baucus (D-Mont.), Chuck Grassley (R-Iowa)
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Toy Safety Report Released

The U.S. Public Interest Research Group, a private consumer advocacy group, recently released its 25th annual study of toy safety. It reported that only a small fraction of children’s toys tested for toxic substances and choking risks have been found to violate federal safety regulations.

The group’s public health advocate commented that while the study did not find perfection in toy safety, it did indicate progress.

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Medical Errors Kill 15,000 Medicare Patients Each Month, According to Inspector General

A disturbing Inspector General report from the shows that medical errors are harming and killing our senior citizens at alarming rates.

An estimated 15,000 Medicare patients die each month, and many more are injured, because of usually preventable medical mistakes in hospitals and other facilities.

The report focused on “adverse events,” defined as “harm to a patient as a result of medical care, such as infection associated with use of a catheter,” and “never events,” which are specific “serious events, such as surgery on the wrong patient, that the National Quality Forum (NQF) deemed ‘should never occur in a health care setting.’”

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Suing The Government: Exceptions to Sovereign Immunity

Today we received a telephone call from a client who had been injured on some school property. The client was vaguely aware of the doctrine of sovereign immunity and unfortunately for this particular person their claim was completely barred by operation of law. Why: because of the doctrine of Sovereign Immunity?
The law has long been that lawsuits against government official performing their discretionary and official job functions are discouraged. If it were not otherwise there would be litigation every time someone disagreed with what
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Products Liability-Manufacturers Are Responsible For Dangerous Products

Products should meet the ordinary expectations of consumers. If a product is defective and dangerous, then the designer, manufacturer and/or seller can be held accountable for any injuries or deaths that result. There are a number of different types of product liability cases.
Defective in Design: In a design-defect case, the dangerous product is in the condition intended by the manufacturer, but the design itself is unsafe.
Defects in Manufacturing: In a manufacturing defect case, the product’s design was safe, but the way
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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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How Long Do You Have to Sue for Medical Malpractice?

When it comes to medical malpractice, time is of the essence. If you believe you have been a victim of medical negligence, you may wonder how long you have to take legal action and sue for medical malpractice. The timeline for categorizing a medical malpractice lawsuit can vary depending on many elements, including the jurisdiction and the nature of the case. In this article, we will delve into the intricacies of the medical malpractice statute of limitations and provide you with a comprehensive understanding

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What Percent Of Motorcycle Accidents Result In Injury Or Death?

Motorcycle accidents can have severe consequences, often resulting in injuries or even fatalities. Understanding the statistics and factors involved in motorcycle accidents can provide valuable insights into the risks riders face on the road.

Common Causes Of Motorcycle Accidents

Motorcycle accidents can occur due to various reasons, including:

What Percentage Of Motorcycle Accidents Are The Rider’s Fault?

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How Long Does a Medical Malpractice Law-suit Take?

When it comes to medical malpractice cases, time is of the essence. Patients who have experienced harm due to medical negligence often wonder how long it will take to resolve their lawsuit. While there is no definitive answer, as each case is unique, it’s essential to understand the typical timeline and factors that influence the duration of a medical malpractice lawsuit. This article will delve into the different stages of a medical malpractice case and provide insights into the time it may

take to resolve.

Typical Timeline of a Medical Malpractice Lawsuit

The Initial Stages: Filing a Law-suit

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What Is Product Liability Law? – Legal Considerations To Know

Product liability law refers to the legal framework that holds manufacturers, distributors, and sellers accountable for defective products that cause harm or injury to consumers. It is based on the principle that companies are responsible for ensuring the safety & quality of the products they bring to the market. When a product fails to meet these qualities & results in harm, the injured party may have grounds for a product liability claim.

Understanding product liability law

is crucial for both consumers and businesses. Knowing their rights and obligations enables them to navigate the complexities of product liability cases more effectively.

Understanding The Product Liability Law

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What is the Statute of Limitations on Medical Malpractice Cases?

Medical malpractice cases are governed by statutes of limitations, which define the timeframe in which a patient can file a lawsuit against a healthcare professional or institution for negligence. These statutes vary according to the jurisdiction and facts of the case. Individuals seeking legal redress for medical malpractice must first understand the limitations period. This article will delve into the complexities of the medical malpractice statute of limitations, its significance, the factors influencing it, and how to effectively

navigate the legal process.

Understanding the Law of Limitations for Medical Malpractice

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What Is Medical Malpractice And Negligence

Medical malpractice is when a healthcare expert, such as a doctor, nurse, or other medical personnel, deviates from the obtained standard of care, resulting in harm or injury to a patient. On the other side, negligence is a broader legal concept encompassing various forms of professional medical malpractice and misconduct.

Medical malpractice takes place when a healthcare provider fails to provide the quantity of care that a reasonably skilled and competent professional in the

same field would provide under similar circumstances. It involves an act or omission that falls below the standard of care, causing injury, harm, or even death to a patient.

What Constitutes Medical Malpractice?

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Opioid Prescriptions, Prosecution of Physicians, and the Mens Rea Dividing Line

opioids

In response to the opioid crisis, the Department of Justice (“DOJ”) has long prioritized prosecution of doctors prescribing opioids in violation of the Controlled Substances Act (“CSA”), 21 U.S.C. § 841.

Passed in 1971, the CSA is an expansive criminal statute originally designed to prosecute people involved with trafficking so-called street drugs—i.e., marijuana, heroine, cocaine, and the like.

Because the CSA was not created to target licensed medical doctors prescribing controlled substances with legitimate medical uses (e.g., opioids)—or to criminalize the provision of socially beneficial medical care more generally—there have long been questions about how to apply the CSA fairly in physician prosecutions.

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