Personal Injury

Another Unfair Mandatory Arbitration Clause Bites The Dust

Another bank with a large presence in Georgia has bowed to pressure from consumers and consumer advocacy groups and abandoned the unfair practice of mandatory arbitration. Bank of America Corp. announced it will stop requiring that disputes with its credit card holders and banking and lending customers be settled by binding arbitration.
As we have written before, many consumers are unaware that card agreements typically include a clause that waives a card holder’s right to sue. Lenders instead use arbitration to go after delinquent accounts
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Health Insurer MIsleading Practices Exposed

A health insurer which sells policies in Georgia and other states has been subjected to a major fine and other sanctions by the state of New York, after New York officials accused it of leaving patients with huge hospital bills.
The American Medical and Life Insurance Co., advertising through an intermediary called Cinergy, markets health insurance as a lower cost option for the uninsured and underinsured. It was pitched as costing just $5 a day, or the cost of a hamburger or pack of cigarettes.
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Police Pursuits and Death to the Innocent: The Police Don’t Get It

We read this week the tragic news of eight (8) deaths in a police chase in California. According to news accounts, the police were trying to stop a Dodge Neon over alleged traffic infractions when the pursuit began. Is it worth risking the death penalty to innocent members of the motoring public to catch a traffic violator? There is nothing in the news accounts indicating that this violator was known to the police to be violent. Nonetheless, even though police chases present much greater
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Jury Awards Woman $4 Million For Doctor’s Negligence In Emergency Room

Georgia injury lawyers representing victims of medical malpractice are still disheartened about the so-called “tort reform” that the Georgia Legislature has enacted in the last two or three years. Most Georgia citizens have no idea that they have given virtual immunity to Georgia emergency room physicians. If you are a patient in a Georgia hospital emergency room and you are seriously injured or meet your death as a result of an emergency room doctor’s negligence or medical malpractice, you cannot
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FDA Announces Reforms To Protect Consumers

Many Georgians were affected by the recent salmonella outbreak related to peanut butter. Some were sickened by the defective product and others lost jobs in the peanut processing plant that became ground zero for the recall. Now, the Food and Drug Administration has announced it is moving towards stronger, more aggressive and much faster responses to enforcing the laws and regulations that govern the safety of drugs, medical devices and much of the U.S. food supply,
New FDA commissioner Margaret Hamburg has been in office
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Second Georgia Motorcycle Accident In A Week Seriously Injures Biker

For the second time this week a man has been seriously injured in a Georgia motorcycle accident. A Tennessee man who is a member of the Steelehorseman motorcycle club in Nashville was on his way to the National Biker Roundup at the Atlanta Motor Speedway when the accident occurred on I-7 S at State Route 92 in Atlanta. He was airlifted to Grady Hospital where he is being treated for his injuries. The accident is under investigation. Yesterday’s motorcycle accident resulted in the
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Police Chases and Russian Roulette: Death Penalty for the Innocent

We read today about a deadly police chase which occurred over the weekend which is both tragic but also unbelievable. In this particular case, the police were chasing a 20-year old male in Pennsylvania allegedly for driving a vehicle which was reported as stolen. During the high speed pursuit which ensued, the police chased this individual through, according to news accounts, “39 stop signs and/or stop lights.” In other words, during this pursuit, the police witnessed this individual as a result of the high speed
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Arbitration Exposed As Being Controlled By Big Business

Forced arbitration in consumer contracts has become a way of life in the United States. Almost all consumer contracts and purchase agreements contain clauses requiring a person that has been the victim of fraud, negligence, or intentional harmful conduct by a large company to give up their rights to a jury trial and submit to arbitration.
For many years consumer and lawyer groups have complained that these arbitration panels are stacked against consumers and serve as nothing more than “bought” protectors of large companies.
Recently,
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Cell Phone Usage and Auto Accidents

Our Atlanta car accident attorneys frequently review cases in which the negligent driver has been distracted while conversing on a cell phone. Recently, the consumer advocacy groups Public Citizen and the Center for Auto Safety obtained records showing that since 2003, the government has known that drivers talking on their cell phones experience the same potentially deadly distraction whether they are using a handheld device or hands-free technology.
In a press release the groups stated that by keeping this information secret from the public
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Servicemembers Have No Recourse For Malpractice

Many servicemembers and dependents reside in Georgia. While servicemembers can receive care at military hospitals they have no rights if they are the victim of malpractice, no matter how egregious. The Feres Doctrine, named after a 1950 Supreme Court decision, grants complete immunity to military health care professionals who commit malpractice upon service members. Service members who have sacrificed for their country and become victims of malpractice are left to suffer the consequences with no recourse.
This injustice has again come to light in
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Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a
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Nursing Home Falls

Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The
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High Court Upholds Vioxx Award in Wrongful Death Case

Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and
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Report: FDA Approved Medical Device Under Political Pressure

Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to
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Medical Errors Abound

Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures
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Sexual Predators in the Workplace

Many employment lawyers are confronted with hostile environment claims where managers exploit their positions to seek sexual favors from employees working underneath them. Such an employment case obviously involves sexual harassment but is entirely different and generally far less devastating to a victim when a sexual predator is hired by an employer and is allowed to gain access to vulnerable victims through their jobs. As an example, if a mental health facility hires someone unsuitable for a position and that person takes sexual advantage of
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Board of Commissioners To Conduct Independent Investigation of Fatal High Speed Chase

From newspaper accounts it appears that the Board of Commissioners of Clayton County may conduct an independent investigation into a police chase which resulted in the wrongful death of two innocent women who were returning from bible study when a pickup truck fleeing from a Clayton County police officer slammed into their vehicle on Old National Highway in Atlanta. The deadly pursuit began when the police noticed a suspect allegedly soliciting a prostitute. Even though this is a misdemeanor and a minor offense, Clayton County
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Georgia Man’s Wrongful Death- Was Alcohol A Factor?

The Georgia injury lawyers at Finch McCranie, LLP have handled many wrongful death lawsuits where alcohol was a factor in causing or contributing to our client’s death. Some of these cases have involved our representation of a guest passenger who was killed as a result of the negligence of the host driver. Such could have been the case on Friday evening when an Augusta, Georgia man, Earl Clark, died in an accident on Mike Padgett Highway. Clark was the passenger of a
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