Personal Injury & Wrongful Death

Georgia Medical Malpractice Cases in the Time of COVID-19

Prior the COVID-19 pandemic, in order to successfully bring a medical malpractice claim in Georgia, a plaintiff was required to offer expert medical testimony to the effect that the defendant physician or healthcare provider failed to exercise that degree of care and skill which would ordinarily have been employed by the medical profession generally under the circumstances.  See Boling v. Foster, 254 Ga. App. 374 (2002).  The legal duty owed by medical professionals was to exercise “a reasonable degree of care and skill.”
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What Damages Are Available In Wrongful Death Actions?

In Georgia when an innocent person is killed due to the negligence of a third person, the survivors have a claim for wrongful death damages. The full value of the life of the decedent includes both economic and non-economic components. The economic components are more readily deduced. If you take the earning capacity of the decedent, you multiply it over their projected work life expectancy and come up with a calculation as to what future lost wages would be due to the wrongful death.
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Challenges Associated With Serious Burn Injury Cases

Our firm regrettably has encountered several tragic cases involving serious burn injuries. These cases arise in a variety of contexts. Some of our clients have had chemical burns, others have had burns suffered in fires caused by defective products. We have handled wrongful death cases involving the death of young children due to defective air purifiers and serious disfigurement caused in automobile collisions and/or tractor-trailer accidents. Regardless of the factual context, for the victim who is innocent in the premises and suffers serious burn injuries
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Henry County Police Chase Ends In Death Of Teenage Passenger

On April 2 of this year, we blogged about an important decision rendered by the Georgia Court of Appeals on March 28, 2013 indicating that innocent passengers unwittingly involved in high speed police pursuits can file a claim for damages sustained if they prove a reckless disregard of proper police procedure by the police officer initiating or continuing the pursuit. The newspaper accounts of the incident in Henry County do not provide much by way of detail but apparently police officers were pursuing the
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Filing A Federal Tort Claims Act Case Against the United States

As is true of any other claim against the Federal Government, if a tort has been committed for which a government employee was negligent which caused injury or damages to an innocent third party, the procedures of the Federal Tort Claims Act govern the claim. A Standard Form 95 with all supporting documents needs to be filed with the appropriate government agency involved before the expiration of two years. Regardless of the agency involved, the form must to be received by the appropriate agency/department.
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Legal Liability For Emergency Vehicle Negligence

In urban America it is not uncommon to see speeding government vehicles heading toward a variety of locations. Whether the emergency vehicle be a fire truck, an ambulance or police vehicle this is a common day occurrence in places like Atlanta. Regrettably, during some of these responses, the emergency vehicles collide with innocent motorists. When this happens, obviously, the issue is whether there is legal liability for the operator of the emergency vehicle/government.
Under O.C.G.A. § 40-6-6, emergency vehicles are permitted to disregard traffic rules
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Innocent Passengers Involved In Police Chases Can Sue

On March 28 of this year, the Georgia Court of Appeals held that innocent passengers unwittingly involved in a high speed pursuit case can sue the police for damages caused, in part, by a reckless disregard of proper police procedure. In so ruling, the Court of Appeals noted that the police pursuit statute found at O.C.G.A. § 40-6-6(d)(2) was enacted by the Georgia Legislature to protect the rights of the innocent. Whether an innocent person is either inside or outside of a vehicle is not relevant. The question is, whether the injured party filing a claim against the police was innocent of wrongdoing. If innocent, whether a passenger inside the vehicle or a pedestrian outside the vehicle or any other third party, the Georgia Court of Appeals held that such a person could bring a claim, again, provided they were innocent and were injured, in part, by a reckless disregard of proper police procedure.

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The Value Of Demonstrative Evidence

There is an old saying that a picture is worth a thousand words. In legal cases presented to a jury, this is particularly true. If you have photographs of an automobile collision’s aftermath and can graphically demonstrate the damage to the vehicles involved, this is much better and more persuasive evidence than is an oral description of the same damage. Likewise, if there are x-rays or photographs of a client’s injuries, this too is very persuasive. Where original photographic evidence or videotaped evidence is not
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Achieving Justice In A Personal Injury Case

Oftentimes clients like to refer to news articles about some substantial jury verdict or settlement in favor of a plaintiff in a particular case. Our advice when these comments are made is that it is very dangerous to compare apples to oranges. Literally speaking, no two cases are alike and it is difficult to compare one person’s case to another. On the other hand, the paramount goal of our attorneys is to make sure that our clients receive the best possible result given the facts of their particular case. Here, we like to compare apples to apples insofar as possible.

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Georgia’s New Rules Of Evidence

Effective January 1, 2013, Georgia’s New Rules of Evidence go into effect. The new provisions are found generally at O.C.G.A. Title 24, Chapter 1 through 10. The new code applies to all cases filed on/or after 1/01/13 and to all trials commenced on/or after said date. What this means is that the new Rules of Evidence will apply to any case in Georgia beginning on January 1, 2013, and going forward.

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Understanding Product Defect Injuries: Causes, Consequences, and Your Rights

In today’s consumer-driven world, we rely on many products for our daily needs, from household appliances to automobiles.

While most products are designed and manufactured with the utmost care, there are instances where defects can lead to injuries.

This article will delve into product defect injuries, exploring the causes, consequences, and your rights as a consumer.

What Are Product Defect Injuries?

Product defect injuries occur when a consumer sustains harm due to a defect in a product they have purchased or used.

These injuries

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Understanding Product Liability Class Action: Protecting Consumers’ Rights

Product liability class actions have become increasingly prevalent in today’s consumer-driven world.

These legal actions empower consumers to seek justice when a defective product has harmed them.

This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.

What Is a Product Liability Class Action?

A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively

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Unveiling the Truth: Medical Malpractice Investigation

In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.

Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.

This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,

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Medical Malpractice Settlements: Understanding Your Rights and Options

Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.

Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.

In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care

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Protecting Your Rights: Pursuing Medical Malpractice Claims

In today’s world, medical malpractice is an unfortunate reality that many individuals may face.

When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.

However, medical errors can and do occur, sometimes leading to serious harm or even death.

In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.

This article will guide you through the process of protecting your rights when faced with medical malpractice.

Understanding Medical Malpractice

What

is Medical Malpractice?

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Medical Procedure Error: Understanding, Prevention, and Legal Implications

Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.

However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.

In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.

What Are Medical Procedure Errors?

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Atlanta Injury Law Firm: Your Trusted Legal Partner

In today’s fast-paced world, accidents can happen when you least expect them.

Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.

That’s where an Atlanta injury law firm comes into play.

In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.

Understanding Personal Injury Law

Before delving into the

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Medical Errors Compensation: Understanding Your Rights and Options

In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.

While medical professionals strive for excellence in their practice, errors can still occur.

In such cases, it is crucial for patients to understand their rights and options for seeking compensation.

This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical

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Understanding Medical Errors Compensation: Navigating a Complex Landscape

In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.

These errors, though unintentional, can have serious consequences for patients and their families.

To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.

In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.

Medical errors are incidents in healthcare that

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Understanding the Role of a Dangerous Product Attorney

In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.

While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.

In such challenging circumstances, the services of a skilled and experienced professional become indispensable

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