Personal Injury

Falls In Skilled Nursing Facilities

Our lawyers are frequently asked to review cases involving patient falls in skilled nursing home facilities. Due to the physical and mental conditions of many infirm and elderly patients, it is impossible to prevent all falls. However, in many instances falls can be prevented or greatly reduced by the implementation of proper procedures.
Patients who are long term residents in skilled nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject
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Another Chinese Made Toy Recall

Mattel issued another major recall today involving Chinese-made toys which contain excessive amounts of lead. These include locomotive toys and accessories for the Barbie brand dolls.
The Consumer Product Safety Commission reported that Mattel is recalling almost 800,000 toys. Mattel reported that it discovered the use of lead-based paint as part of an ongoing investigation of toys it imports from China. The Company is recalling 675,000 Barbie accessories, 8,900 Big World 6 in-1 Bongo brand toys and about 90,000 Geo Trax locomotive toys. These products
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Dishwashers Recalled Due To Fire Hazard

Our lawyers have successfully litigated many cases involving defective household products which have caused fires and serious personal injury or death. Recently, the U.S. Consumer Product Safety Commission, in cooperation with GE Consumer & Industrial has announced a voluntary recall of 2.5 million GE Dishwashers. The recall advises consumers to stop using recalled products immediately unless otherwise instructed.
A defect in the dishwashers has the potential to allow liquid rinse-aid to leak from the dispenser onto the dishwasher’s internal wiring which can cause an electrical
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Automobile Crash Tests

There are two major organizations which crash test automobiles and report the results to the public. One is the National Highway Traffic Safety Administration, (NHTSA), an agency of the United States government. The other is the Insurance Institute for Highway Safety, (IIHS), a non-profit organization funded by auto insurers.
Both work to reduce the number of motor vehicle crashes, and the rate of injuries and amount of property damage in the crashes that still occur. They each conduct basic research and produce ratings for each
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Surgeon Operates on Wrong Side of Brain

The Associated Press has reported that an 86-year-old Providence Rhode Island man died three weeks after a neurosurgeon operated on the wrong side of his head. The patient, whose name wasn’t released, died Saturday, and the state medical examiner was determining the cause of death.The man underwent emergency surgery at Rhode Island Hospital on July 30 to treat bleeding in his brain A nurse practitioner for Dr. Frederick Harrington didn’t record which side of the man’s brain required surgery. When another nurse pointed out the
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Side Crash Tests of Large Cars Reveal Interesting Results

Last week, the Insurance Institute for Highway Safety released test results for side impact ratings of large cars. Three of six large car models tested earned the top rating of good, but one was rated marginal in the side impact crash tests. The Institute ratings of good, acceptable, marginal, or poor are based on a crash test in which a barrier designed to replicate the front end of a typical SUV or pickup truck strikes the tested vehicle in the side at 31 mph.
The
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Medicare To Withhold Payments To Hospitals For Failing To Keep Patients Safe

Our lawyers frequently review cases involving hospital acquired infections, many of which are fatal. New Medicare regulations have been enacted in an effort to prevent these all too frequent tragedies. Under new Medicare regulations, which will become effective in October 2008, hospitals will no longer receive higher payments for the additional costs associated with treating patients for certain hospital-acquired infections and medical errors. The new rules will give hospitals a powerful new incentive to improve patient care, according to Consumers Union, the nonprofit publisher of
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Riding Mower Defects Endanger Children

Each spring and summer our attorneys see an increasing number of injuries to children caused by lawnmowers. An estimated 9,400 children are injured each year. Many of the accidents result in amputations of legs, hands, fingers, feet, and toes. Experts say that the most serious accidents occur when operators back up rider mowers with the mower blades engaged and run over small children they can’t see.
According to the American Academy of Pediatrics, back over accidents alone account for 560 injuries to children each year.
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Nursing Negligence

In the not too distant past, our lawyers’ experience had been that medical malpractice encompassed almost exclusively the negligent wrongs of physicians. However, as nursing has evolved into a sophisticated, technical, and specialized profession, nurses regularly assume roles previously in the exclusive domain of physicians. These include examinations, diagnosis, post-surgical monitoring, and treatments of patients. Sometimes this is done without any direct supervision from physicians. The nurse’s expanded role in patient care, the continual development of specialized and sophisticated medical technology, and the heightened emphasis
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Heat Related Sports Deaths: A Preventable Tragedy

This is the time of year where it seems that everyone who rides in an automobiles passes a high school football practice. The sweltering sun and heat of this summer, which is particularly hot, is obviously a danger to those practicing. If those responsible for the players are not careful, deaths can ensue. Indeed, it has almost become commonplace every summer to read about the death of a high school or college football player due to extreme heat conditions.
Our firm, regrettably, has been involved
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Home Propane Gas Explosions Can Cause Injuries and Death

One of the Georgia injury lawyers at Finch McCranie, LLP recently got a case involving a propane explosion which completely burned and destroyed the client’s home. The explosion could easily have resulted in the death or serious injury of the clients entire family, including their new baby. Fortunately the injuries were not life threatening; however, they lost everything they owned and have no insurance to replace the home.
Propane is a highly combustible hydro-carbon gas, similar to ethane and butane. Propane gas is compressed
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Charter Bus Accident in Atlanta Repeats Bluffton University Bus Accident on Interstate 75

As the lawyers who represented the most seriously injured survivor of the March 2007 Bluffton University bus accident on I-75 in Atlanta, we were greatly disturbed today to hear that two charter buses from Detroit reportedly have crashed at exactly the same location on I-75 in Atlanta.
WSB-TV reports that the two buses mistakenly took an “HOV-only” left exit ramp from I-75 southbound in Atlanta at Northside Drive, instead of staying on I-75’s regular HOV lane. The buses were carrying a high school band. The
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Drug or Prescription Errors Can Cause Death and Serious Injury

As Georgia injury lawyers, we often get calls about pharmacy mistakes and prescription errors being committed by medical providers, including drug stores. Many times, the mistakes are caught before any damage is done; however, sometimes serious injury or death occurs. Recently, we read about a case where a pharmacist at a Wal-Mart store allegedly mislabeled a pill bottle, resulting in a woman in her 70’s taking twice the recommended and prescribed dose of a blood pressure medication. As a result, she has suffered serious
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Medical Device Dangers Are Avoidable

Our attorneys have seen many cases in which patients are injured, sometimes severely, by healthcare professional in Georgia hospitals committing careless and preventable errors or by medical device defects.
The ECRI Institute recently released its annual list of top hospital medical device hazards for last year. The ECRI Institute, a nonprofit organization, dedicated to bringing the discipline of applied scientific research to discover which medical procedures, devices, drugs, and processes are best, in an effort to improve patient care. It is one of only a
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LIABILITY FOR ATV DEATHS AND SERIOUS INJURIES-ARE YOU AT RISK?

As a Georgia injury lawyer I read more and more about ATV accidents involving serious injuries and deaths, especially among children. Although there have been dozens of tragic deaths, I recall that in 2003 five Georgia children died after a car struck their ATV. The children, ranging in age from 11 to 14, had piled into the ATV and were going for a ride on a winding road during a birthday party when the collision occurred.
Two years ago, we represented the estate of
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ATV DEATHS AND INJURIES ARE ON THE RISE

With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine

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Worker’s Compensation Claims Overview

In Georgia, worker’s compensation is essentially an insurance program regulated by the state and required of most employers. Worker’s compensation pays medical bills and lost wages for employees who have had work related accidents resulting in illness or injury.
Employees with work-related conditions or injuries are entitled, but not limited, to:
• Reimbursement of travel expenses, including mileage to and from medical appointments
• Prescription reimbursements
• Two-thirds of your weekly wage while you are unable to work and are off work up
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How To Get The Best Settlement In A Personal Injury Case

This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning
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Should High Speed Police Chases Be Banned ?

The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It
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Dangerous Infant Cribs To Be Banned

Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid
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