Finch McCranie, LLP

Crib Recall Announced

Today, Delta Enterprise Corp a children’s products maker will announce a recall of 1.59 million cribs linked to two infant deaths. This recall follows other recent recalls of cribs and bassinets involving other manufacturers.
The Consumer Product Safety Commission, CPSC, is expected to hold a news conference later this morning to announce the recall, which is being conducted on a voluntary basis by the company. Mandatory recalls are rare, though the CPSC sometimes has to pressure manufacturers to agree to repair or pull their products
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Work Related Injuries: Compensation From Third Parties

There is a common misconception that all work related injuries are solely covered by Workers’ Compensation statutory benefits. While it is true that any employee who is injured on the job while working for their employer is entitled to workers’ compensation benefits, this does not necessarily mean that the injured worker is limited to the recovery of such benefits. If a third party, such as an independent contractor unrelated to the employer, participates in a negligent or wrongful act that results in a injury to
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Negligence by Emergency Vehicles

Under Georgia law, the driver of an authorized emergency vehicle, including a law enforcement vehicle, when responding to an emergency call, has certain privileges that are not available to other drivers. As an example, the authorized emergency vehicle operator may proceed past a red or stop signal and exceed the maximum speed limits posted so long as he or she does not endanger life or property. The authorized emergency vehicle may also disregard regulations governing direction of movement or turning in specified directions. The exceptions
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Aircraft Engine Failures

Yesterday, the National Transportation Safety Board, NTSB, requested that the Federal Aviation Administration increase inspections of certain Pratt & Whitney engines on dozens of passenger jets to detect possible flaws linked to the most catastrophic type of failure. The NTSB asked that the FAA require that PW2037 engines undergo recurring inspections for the time being once they reach a certain point in their operation.
The request affects more than 700 engines on some 300 Boeing Co 757 aircraft worldwide, including at least several dozen operated
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Report: More Than 90 Percent of Nursing Homes Cited For Safety Violations

A new federal report found that nine of every 10 nursing homes were cited for violating federal health and safety standards last year. For-profit homes were more likely to have problems than other types of nursing homes, according to the report. Problems included infected bedsores, medication mix-ups and poor nutrition. About one-fifth of the complaints verified by federal and state authorities involved the abuse or neglect of patients.
Elderly people are entitled to basic safety, respect and dignity. If you or someone you love is
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Digoxin and Byetta: Dangerous Drug Products

Digoxin was developed by the company Actavis Totowa to treat arrhythmias (abnormal heat rhythm) and allegedly to prevent heart failure. In April of this year, the U.S. Food and Drug Administration issued a recall of this drug. As it turned out, the use of this product leads to a dangerous side effect known as digitalis toxicity, a process that occurs when digitalis is not excreted normally through urine and the body is overexposed to the drug. This process may be fatal to the victim, which
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Medical Errors Not Rewarded By Medicare

New federal regulations that restrict Medicare payments to hospitals for the extra care required to treat patients harmed by certain preventable infections and medical errors went into effect on Wednesday, October 1.
The rules adopted by the Centers for Medicare and Medicaid Services (CMS) aims to provide hospitals with a financial incentive to improve patient care.
Under the new regulations, CMS will withhold payments to hospitals for care needed after patients suffer from certain preventable errors or omissions in care. These include hospital acquired urinary
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Motorcycle Crashes Continue To Increase

Motorcycle injuries and deaths continue to rise as more people utilize motorcycles and scooters for daily transportation. The Washington Post reports that in an eight-hour span over the Labor Day weekend motorcycle accidents in the metropolitan District of Columbia area left four people dead. One top transportation official calls the rise in motorcycle crashes “our nation’s greatest traffic highway safety challenge.”
While only 2 percent of all vehicles on the nation’s roads last year were motorcycles, they were involved in 11 percent of all traffic
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Nursing Home Report Reveals Disturbing Data

Nursing homes care for the elderly and disabled, some of the most vulnerable persons in society. But, a recent report has disturbing news. More than 90 percent of nursing homes were cited for violations of federal health and safety standards last year according to a report issued by the federal government. For-profit nursing homes were more likely to have problems than other types of nursing homes.
The report revealed that about 17 percent of nursing homes had deficiencies that caused actual harm or immediate jeopardy
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Another Deadly Bus Accident: California Charter Bus Crash Is Another Example of Lack of Passenger Safety Measures

Last night’s deadly charter bus crash in California reportedly killed at least ten passengers, after the bus veered from the road, and rolled over into a ditch. Predictably, passengers were ejected from the bus or tossed around inside the bus, which in our experience greatly increases the severity of injury.
In last year’s deadly bus accident involving the Bluffton University Baseball Team, our firm represents the most seriously injured surviving passenger. As we have written about previously, the NTSB found that the lack of seat
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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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