Atlanta Injury Lawyers Blog

Brain injuries are some of the most devastating injuries, and for Atlanta brain injury attorneys, it has always been a matter of concern that there are such limited treatment options for these injuries. However, there have been some studies into the field of traumatic brain injury treatment that have yielded intriguing results over the past few years. One such study now indicates that a combination of calories and proteins, administered within 24 hours after a brain injury, could actually accelerate the process of recovery.

The study was based on an analysis of several previous studies into the use of nutrition to treat a traumatic brain injury. The analysis was conducted by the Institute of Medicine which had been commissioned by the US military. The military has been especially invested in discovering new treatments for the treatment of traumatic brain injury, because of the large number of vets in Afghanistan and Iraq who are left with serious brain injuries.

The analysis of the studies - none of which was more than 20 years old - indicates that an infusion of calories and proteins administered within 24 hours of an injury can actually help reduce inflammation significantly. The researchers found that the best results could be seen if this infusion of calories and proteins was administered for a period of two weeks after the brain injury.

Continue reading " High Calorie Diet Could Help Treat Brain Injury " »

Accidentally backing over someone accounts for about 15% of all non-traffic crash injuries. Sadly, children between the ages of 1 and 4 years-old account for half of these tragedies and almost half of these accidents happen in the parent's driveway or in a parking lot. In fact, over 200 children die each year after being backed into by a car.

Everyone, including parents, must be vigilant when backing up or driving in parking lots. Young children are often not aware of their surroundings. Many times they are too small to be seen in the rear-view mirror and wind up in the driver's "blind spot."

Continue reading " Atlanta Children Often Seriously Injured In Back-Over Accidents " »

Since 1950, the law has protected military medical personnel from lawsuits even when they have committed medical malpractice. The law, commonly referred to as the Feres Doctrine, has been widely viewed as unfair and not sound.

Now, the Feres decision is once again in front of the United States Supreme Court, which has asked lawyers from both sides to supply more information prior to deciding whether to overturn the Feres decision. We find a ray of hope in Justice Scalia's comment in a similar case that was heard in 1987, "Feres was wrongly decided and heartily deserves the widespread, almost universal criticism it has received."

The fundamental problem with the Feres decision is that it extended the prohibition against military personnel for suing the federal government for battle-field injuries to any injuries "incident to military service." This was not the intent of the law and this is why so many proponents of veteran's rights are calling for the change.

Continue reading " Immunity For Medical Malpractice Being Fought By Veterans " »

Georgia had 112 motorcycle accident fatalities during the first nine months of 2009. That figure had dropped to 98 fatalities during the first nine months of 2010. A small drop like this may not mean much, especially since the sharpest declines were noted during the first few months of the year, when Atlanta motorcycle accident lawyers noted fewer motorcycles on the streets.

The Governors’ Highway Safety Association has released projected estimates for motorcycle accident fatalities last year, and predicts that there will be 4,376 motorcycle accident fatalities in 2010. That is a 2.4% decline from last year, and the agency is warning that motorcycle crash fatalities over the next couple of years could actually increase unless both the federal and state administrations begin taking stronger steps to prevent such accidents.

There is more that could be done to save lives in motorcycle accidents every year. For instance, enforcing stronger helmet laws for motorcyclists would help. The Governors’ Highway Safety Association report is also drawing attention to an unwelcome trend-helmet use of the country is actually down by 15%. In Georgia, we could also invest in awareness among motorists about avoiding collisions with motorcycles.

Continue reading " GHSA Motorcycle Accident Fatality Report Has Disappointing Results for Georgia " »

According to a study by the Agency for Healthcare Research and Quality, there has been a 50% increase in the number of medication errors reported from around the country. Five years after a report by the Institute of Medicine warned that medication errors contributed to a $3.5 billion bill in medical costs, lost wages and other related expenses every year, the number of medication errors injuring people every year has not dropped, but has actually increased. This should concern any Atlanta pharmacy error lawyer.

What’s worse is that the number of medication errors could actually be higher than the report claims. The report only considered those mistakes that left people ill enough to rush to a hospital or emergency room.

According to the study, most cases of medication errors are related to the use of corticosteroids. These are followed by cancer drugs, hypertension drugs, cardiac medications and blood thinners. Elderly persons above the age of 65 are more susceptible to medication errors. Teenagers and children are also at a higher risk of medication errors than adults. About one in every five patients who suffer from medication errors, is a teenager or a child.

Continue reading " Federal Study Indicates Spike in Medication Errors " »

Police pursuit cases unnecessarily claim many innocent lives and cause thousands of serious injuries every year. Until recently, the defendant police departments have made good faith arguments in court against liablity based on these premises:

1) Unless the police car intentionally touched the fleeing suspect's car, there can be no waiver of liability under Georgia Code Section OCGA 33-24-51 for negligence;

2) If the fleeing suspect causes a wreck after fleeing, the suspect's decision to flee rather than the police officer's decision to pursue the suspect is, by law, the cause of the wreck; and

3) Negligence and reckless disregard are completely different standards
of liability. If the Plaintiffs rely on the negligent use waiver under OCGA 33-24-51 discussed above, then the Plaintiff is precluded from establishing the requisite reckless disregard standard under Georgia Code Section OCGA 40-6-6(d).

The Georgia Court of Appeals addressed all of these arguments in McCobb v. Clayton County, 2011 WL 1348398, and ruled that none of these arguments are sound.

Continue reading " Georgia Appeals Court Clarifies Law on Police Pursuit Case " »

Most Atlanta injury lawyers are well-versed in the more common car accident injuries such as orthopedic injuries (broken bones and fractures) and soft tissue injuries (torn or bruised ligaments, muscles or nerves). However, there is an increased incidence of mild to moderate brain injuries (also known as closed head injuries) diagnosed in Atlanta car accident victims.

Many times, closed head injuries are more debilitating than meets the eye yet go undiagnosed at first. The reason is simple: many doctors (and inexperienced accident lawyers) focus on the soft tissue or orthopedic injury because it is more obvious and fail to recognize the severity of the closed head injury.

Most symptoms of closed head injury are easily identified by family members and include brief periods of dizziness, overwhelming fatigue, vision problems, short-term memory problems, and unexplained irritability.

Continue reading " Closed Head Injuries in Car Accidents on the Rise " »

A group of 10 families in New York has filed a lawsuit against Small Smiles/Access Dentistry, a nationwide network of dental clinics that also has a presence in Georgia. The lawsuit alleges that dentists at Small Smiles in Schenectady performed unnecessary procedures on young children. The lawsuit also alleges that the children were physically restrained during these procedures. The company has been charged with fraud, dental malpractice, negligence, breach of fiduciary duty and battery.

Some of the children mentioned in the lawsuit include

An eight-year-old girl who had six root canal surgeries and crowns, four dental extractions and three fillings during a single visit. During all these procedures, the girl was physically restrained in a chair.
A one-year-old boy who had four root canal surgeries and four dental extractions while being restrained in the chair.
A four-year-old girl who had a total of eight fillings, four dental extractions and two root canal surgeries during a single visit.

Continue reading " Dental Malpractice Suit Alleges That Small Smiles Performed Unnecessary Procedures on Children " »

Despite Atlanta drivers spending more and more time in their cars, the number of highway deaths in Georgia has decreased to the lowest rate since 1949. According to the Federal Transportation Department, 32,788 occupants of cars were killed in highway accidents during 2010. This is a 3% decrease from 2009 levels. Georgia and the Southeast trends follow closely the national statistics.

While the trend downward is promising, when you think about it, over 30,000 Americans died in car accidents last year alone--a sobering number, to say the least. As an Atlanta car accident lawyer, I am fully aware of the different types of auto accidents that lead to serious personal injury and death. We all must be vigilant in our attempts to continue this trend of better safety for the well-being of all who travel our roads.