Personal Injury

Atlanta Man Electrocuted: Serious Injury and Wrongful Death

We read in the newspaper this week about the death of a maintenance man at a local school system when he was electrocuted while trying to change a fixture at the elementary school. While the newspaper article did not provide many details, it was curious to us that a maintenance man would be killed while simply trying to change out a light fixture. This raises the obvious issue of whether there is third party negligence because the electrical system obviously had some problems within it,
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Georgia Serious Injury Cases: Frequently Asked Question Number 3

This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 3:
3. If a client settles his or her personal injury claim against an at fault defendant, will they have to repay their own insurance carrier under current subrogation provisions of the law?
Answer: This question often comes up in the context of serious injury cases where the injured individual has incurred substantial medical
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Ortho Evra Contraceptive Patch is Dangerous to Use

The Ortho Evra contraceptive patch has been used by many young women who unfortunately have developed clot related injuries. Some users have had strokes, heart attacks, pulmonary embolisms or deep vein thrombosis as a result of using this product. This past week, the Food and Drug Administration announced a significant update to the manufacturer’s warning on the contraceptive patch. The label now warns users of the patch that they are at a significantly higher risk of developing clot related injuries than other women who use
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Georgia Serious Injury Cases: Frequently Asked Question Number 2

This continues in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 2:
2. Who will bear responsibility for my future medical expenses if I settle my serious injury case today?
Answer: Anytime a serious injury case is settled, there has to be an evaluation of future medical expenses. Has the injured individual recovered completely from their injuries? Are future medical expenses likely? If future medical expenses are
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Medication Errors In Atlanta Hospitals

We have previously written about the dangers of medication errors in hospitals. Recently another incident made the news because a celebrity was involved. Actor Dennis Quaid’s newborn twins and another child were put in serious danger when they were administered overdoses of a blood thinner. The California Department of Public Health said the Cedars-Sinai Medical Center gave the newborns 1,000 times the intended dosage of heparin. Fortunately, all three children recovered, but two needed a drug that reverses the effects of heparin.
The authorities said
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Emergency Care Lacking in Hospitals

Our attorneys are increasingly reviewing cases where major surgical procedures are being performed at small physician-owned hospitals and surgical centers.
On January 10, 2008, the Washington Post revealed that the Department of Health and Human Services, Office of Inspector General, had issued a report concerning physician-owned specialty hospitals. The report concluded that most physician-owned speciality hospitals are poorly equipped to handle medical emergencies.
The report revealed that only 55% of the 109 physician-owned hospitals studied had emergency departments, and of those, the majority had only
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Atlanta/Georgia Medical Malpractice Limits on Recoveries

Our medical malpractice attorneys are frequently forced to decline cases which have merit from a liability standpoint, but due to caps on the amount of recovery cannot be justified in economic terms.
Last week, the Los Angeles Times ran a story concerning a 72 year old woman who entered Stanford University Medical Center for double knee replacement surgery in April. Four days later, she was dead. Her son, an anesthesiologist, felt that the case was a classic case of medical malpractice. After the operation, his
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Having Full Insurance Coverage Does Not Mean You Have Good Coverage

Serious injury lawyers like ourselves often hear clients involved in serious accidents tell us that they had “full coverage” at the time of the accident and that they therefore have “excellent” insurance protection. The vast majority of the time, this is not the case at all. This is because the term “full coverage” means that one has the coverage one is minimally required by law to possess. Full coverage does not mean adequate coverage nor does it mean excellent coverage. It means minimally required coverage
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Medical Malpractice Bill Seeks To Correct Injustice

Our medical malpractice attorneys are many times forced to turn away cases against emergency rooms where the patient is injured by clear negligence. This is caused by the gross negligence standard for emergency departments adopted by the Legislature in 2005.
With the Georgia Legislature meeting this week, Senators from both sides of the aisle, Democrats and Republicans, have joined to co-sponsor Senate Bill No. 286. This bill is designed to amend the provision of the so-called Tort Reform Bill initially passed in 2005, which essentially
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Police Chase Cases Do Not Always Protect the Public

Our firm is working on a police chase metro Atlanta case involving an officer who has been in two separate high speed pursuit cases resulting in two deaths. We have learned in this case that another officer in the same department has also been involved in two other accidents that have resulted in four deaths. Thus, between these two officers within the same police department there have been 4 high speed pursuit cases we know of involving six deaths. Is the public being protected when
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Health Insurer Targets Women With Breast Cancer For Denial Of Coverage

Our Atlanta lawyers constantly receive calls from consumers who have had their health insurance companies refuse to pay for necessary treatment or have had their insurance cancelled after they become sick. A recent report has reveled that WellPoint, the nation’s largest health insurer, has aggressively targeted women with breast cancer with the intent of canceling their health insurance policies.
Reuters news service cited federal investigators and regulators as a source of this information. According to the report, WellPoint has used a computer program to automatically
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Suing Government Officials In Georgia

Most members of the public do not realize that it is very difficult to sue a government official. As long as government officials are acting within the scope of their discretionary authority, they are typically immunized by law from legal liability for mistakes they make, even including claims involving negligence, gross negligence and/or recklessness. The main exception to this rule typically involves the operation of automobiles for which there has been a statutory waiver of sovereign immunity in Georgia. There are, however, other limited exceptions
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How To Reduce Medical Malpractice Claims

Medical malpractice became a hot button issue in the recent healthcare debate. Many politicians, healthcare workers, and large insurers argued that medical malpractice cases are a large contributor to the rising cost of healthcare in the United States. Even though this line of argument has been consistently proven to be false, it was constantly brought up buy opponents of healthcare reform.
There is a better way to reduce the number of medical malpractice cases without sacrificing innocent victims who have been maimed due to
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Food Safety

The safety of the United States food supply is a vital interest of all citizens. The recent deadly outbreaks of salmonella poisoning in peanuts, spinach, and other foods has brought the lack of safeguards in the food supply chain to the forefront.
A new report by the U.S. Food and Drug Administration’s inspector general, released last week, documents an outdated and ineffective federal food safety program with too few inspectors, too skimpy legal authority and too little funding.
Faced with the reality of overseas food-processing
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Police Pursuit Policies Changed: More Changes Needed

Finch McCranie has been representing innocent victims caught up in police chases for over a decade. While the police should chase violent felons who are endangering the public, many of these cases involve chases where the police are pursuing non-violent or mere traffic offenders at high speeds with the end result being a third party killed or injured, caught up by happenstance in the dangerous pursuit. We have long advocated that the police should pursue violent offenders where the risk of the chase to
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High Chair Recall

Our Atlanta product liability lawyers see many cases involving defective products which cause injury. None are more disturbing than those involving children. There have been 24 reported injuries of children involving Graco Harmony highchairs. In an effort to avoid further injuries Graco Children’s Products announced Thursday that it is recalling 1.2 million Harmony highchairs because of stability issues.
The company makes car seats, strollers, swings and other products for kids. It reported that that its Harmony highchairs can be unstable and tip over. The highchair
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PEDS Wire Hunt to Continue

In February of 2006, John Lamb was killed when a bicycle he was riding became entangled with hazardous utility wires which draped across a city sidewalk. Mr. Lamb did not see the wires that were still attached to the utility pole until it was too late. Unfortunately, he was thrown from his bicycle, landed on his head, broke his neck and was killed.
This spring, PEDS, a pedestrian safety advocacy group located in Atlanta, will be conducting the Second Annual John Lamb Hazardous Wire Hunt.
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Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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