Atlanta Injury Lawyers Blog

Effective July 1, 2011, all children passengers 8-years-old or younger must be placed in a suitable baby seat or booster seat and ride in the rear seat of the car. Drivers who do not follow this new Georgia law will face fines and points against their license, if cited by the police.

This is a great new law which helps protect children from being seriously injured or killed if they are involved in a Georgia accident. Normal seat belts do not adequately protect our children because they are designed for adults. While childrn who are taller than 4 feet 9 inches are exempt from the law, the better practice is to continue to use booster seats placed in the rear seats for all children.

Continue reading " New Georgia Law Aimed at Reducing Child Car Accident Injuries " »

If you are injured on the job, please seek advice from an experienced Georgia Worker's Compensation Lawyer. Here's why. When a worker is hurt on the job, the employer and its worker's compensation insurer look at every way possible to deny your claim or pay as little in damages as they possibly can. While this is not comforting to know, it is reality. In order to have a fair chance, you must have legal representation and level the playing field.

Many times, the full extent of your injury is not known until the following are determined by a competent medical doctor: the nature and severity of your injury; whether you have a broken bone or fractured a bone in your arm, leg, or wrist; how much time away from work is needed in order for you to fully recover; whether you need physical therapy or future surgeries; or whether your worker's compensation injury may cause future medical problems such as carpal tunnel syndrome or arthritis.

Continue reading " Atlanta Workers Compensation Litigation " »

The State Legislature of Pennsylvania approved legislation on Saturday that would require dentists to carry at least $1M in liability insurance. As an Atlanta lawyer who specializes in dental malpractice, I am eagerly following this bill, and I think it is long-overdue.

Most serious dental malpractice injuries result from negligent tooth extractions or dental implants which cause damage to the Inferior Alveolar Nerve or the Lingual Nerve. Many times, this damage is caused by crushing or severing the nerves and the injury causes a permanent disability.

Continue reading " Bill Would Make Dental Malpractice Insurance Mandatory " »

As an experienced Atlanta medical malpractice attorney, I know that there are many different forms of medical malpractice.

The five most common forms of medical malpractice are:
1) Sub-Standard Care: when the medical care received falls below the level of skill, expertise, and care practiced by other physicians in the same or similar community under similar circumstances (e.g. the doctor makes a mistake in surgery).

2) Bad Diagnosis: when a doctor delays or fails to diagnose a condition or disease or treats a patient for a condition or disease he or she does not have. These cases are actionable if the doctor's mistake has resulted in injury or the progression of a disease beyond that which would have resulted from a timely diagnosis or if the unnecessary treatment or medication has harmed the patient.

3) Bad Treatment: when a doctor correctly diagnoses the patient's condition but either fails to treat the problem entirely, dismissing the presenting symptoms as temporary or minor, or fails to treat the problem properly (e.g. attempting a less successful novel treatment in place of a more conventional one).

4) Unauthorized Treatment: when a doctor in a non-emergency situation fails to obtain informed consent from the patient or patient's family member. Virtually all states now require doctors to provide patients with information about their medical conditions, prognosis, treatment choices, and the risks of each treatment option. The information must be in plain language that can be readily understood and sufficient to allow a patients to make an informed decision about his or her medical care. A doctor who fails to obtain informed consent may be charged with a civil fine or criminal offense such as "battery," or may be at risk for a medical malpractice suit. However, for a plaintiff to prevail in a medical malpractice suit, she must be able to show that she would not have opted for the treatment or procedure had she known of the risk that was not disclosed.

5) Breach of Doctor-Patient Confidentiality

If you feel that you have been the victim of medical malpractice and wish to sue, you should know that the doctor who has been negligent may not the only potential defendant. The hospital where the doctor is employed or the private medical partnership to which the doctor belongs may be vicariously liable for the doctor's negligence.

Unfortunately, you should also know that in medical malpractice cases, the burden on the plaintiff to show that the doctor has behaved negligently is extremely high. This means that not all instances of medical malpractice are actionable, even if the plaintiff's have suffered serious damages. To find out whether your medical malpractice claim is likely to be successful, contact an experienced Atlanta Medical Malpractice Lawyer.

Continue reading " Common Forms of Medical Malpractice " »

As an Atlanta Car Accident Lawyer, I understand that automobile accidents are one of the leading causes of lower back pain. Common back injuries resulting from auto accidents include a herniated disc, lumbar or lower back strain, and spinal cord injuries. These injuries can cause serious and debilitating pain in the lower back, making everyday activities - like working, caring for your family, or engaging in leisure activities - difficult. In fact, about 10% of these auto accident back injuries lead to long term disability for Atlanta car accident victims who we have represented over the years.

Spinal cord injuries, in particular, can cause serious nerve damage, resulting in paralysis, loss of feeling in certain areas of the body, and loss of reflex functions. Spinal cord injuries can also lead to secondary medical problems including infection, sexual dysfunction, muscle spasms, loss of bladder control, and centralized hypersensitivity or pain in certain areas of the body.

Treatments for lower back pain include orthopaedic care, physical therapy, chiropractic care, prescription medication and surgery. However, for people suffering from spinal cord injuries whose chronic pain has proved unresponsive to prior treatments, doctors have begun using Spinal Cord Stimulators.

Spinal Cord Stimulators are prescribed for the treatment of chronic pain (lasting 3 months or more) and work to manage chronic lower back pain by intercepting and altering the perception of pain signals from the nerve pathways along the spine to the brain. Spinal Cord Stimulators are devices with internal and external components. A battery powered stimulator is placed inside the abdomen, upper buttocks or collar bone area, while wires called leads are implanted along the spinal cord and attached to the stimulator. A hand held remote control helps the patient moderate his own pain.

Although a Spinal Cord Stimulator has recently provided good pain relief for one of my clients who was severely injured in an Atlanta auto accident, these devices also come with many risks, including, but not limited to, infection, allergic reaction, scarring, loss of blood and need for blood transfusion, loss of function of any limb or any organ, paralysis, brain damage, need for repeat surgery, persistent pain, cardiac arrest or death. In addition, the implanted battery inside the stimulator will wear out over time and additional surgeries will be required to replace the battery. Current batteries can be expected to last between three and five years, and the cost of a single surgery to replace a dead battery may be as much as $30,000.

Continue reading " Severe Lower Back Injuries Caused by Auto Accidents Now Being Treated with Spinal Cord Stimulators " »

We all want our parents and elderly relatives to live with dignity, integrity, and independence, even if we find ourselves having to place them in nursing homes. As an Atlanta Elder Abuse Lawyer, however, I know that nursing home residents sometimes face mistreatment and abuse. Because many of these nursing home residents have limited abilities to communicate, identifying potential abuse requires careful monitoring.

Signs of mistreatment include unsanitary and unclean conditions, frequent illnesses, infections, bed sores, dehydration, excessive weight loss, unreasonable physical constraints, the use of chemical restraints or of medication for any purpose inconsistent with that authorized by a physician, as well as unusual behavior such as rocking, biting, or sucking, or wanting to be isolated from other people.

If you are worried about possible mistreatment of your elderly relative, you can report your concerns to your state licensing and certification body, which is required to investigate complaints filed by family members, as well as the National Center on Elder Abuse. However, you should know that regulatory investigations take time, are not always very thorough, and rarely provide adequate relief for individual nursing home residents. Sometimes by the time an investigator interviews a victim of abuse, the injuries have healed and the resident has forgotten the details of the incident (especially where patients are suffering from memory loss or dementia), leaving the investigator feeling he has insufficient proof to write up the home for a deficiency.

For a more immediate response or to obtain relief or compensation for a particular victim, call an experienced Atlanta Elder Abuse Lawyer.

As an Atlanta Dental Malpractice Lawyer, I know that many so-called "routine procedures," such as wisdom tooth extractions, root canals, crowns, and dental implants, can result in horrifying injuries. This is because the mouth contains many vital anatomical structures, including the lingual nerve, the inferior alveolar nerve, the mylohyoid nerve, and the mandible jawbone.

Many instances of dental malpractice involve damage to the lingual nerve. The lingual nerve descends from nerve centers in the brain into the lower jawbone and finally into the tongue and adjacent gums. Partial or complete severance of the lingual nerve can occur during the surgical extraction of a tooth, during the injection of anesthesia, or as a result of inflammation. Overfilling of the space under a tooth, during a root canal for example, can also result in leakage into the mandible canal and lingual nerve injury.

Damage to the lingual nerve can result in numbness or decreased sensation in the tongue, the floor of the mouth, the inside of gums, and the lips. Clients who have experienced lingual nerve damage have experienced an inability to taste their food, to know when to swallow, to stop biting their own tongues, as well as drooling, slurred speech, and a changed appearance. Lingual nerve damage can also cause residual pain, which can decrease one's quality of life and ability to work. This type of neuropathic pain is often worse at night, resulting in sleep deprivation and adding to the emotional burden of the sensory nerve damage.

In an attempt to regain functionality in their lingual nerve, some patients have undergone complex surgeries in which a nerve from another part of the body is removed and reinserted in their jawbone. However, these surgeries are not always successful and present additional risks to the patient.

Dentists have a duty, not only to provide competent dental care, but also to inform their patients of the risks inherent in any procedures they wish to perform. If you feel that your dentist has breached his duty to you, protect yourself by hiring an experienced dental malpractice lawyer to help you pursue your claim and redress your injuries.

Continue reading " Common Dental Malpractice Injuries " »

As an Atlanta Dog Bite Lawyer, I know that dog bites are a serious public health problem that can inflict considerable physical and emotion damages on victims. Each year, more than 800,000 Americans seek medical treatment for dog bites. Sadly, half of these dog bite victims are children. In fact, in 2000, dog bites were the 5th largest cause of non-fatal injuries treated in children aged 14 and younger.

Common dog bite injuries include disfigurement, permanent nerve damage, complex trauma to muscle tissue, and severe psychological consequences. In addition, dog bite-related injuries result in an average of 30 deaths each year.

Dog bites in children, because of their smaller size, are frequently on the face. Such injuries to the face can be complex and may require specialists such as plastic surgeons, ear, nose, and throat doctors, and eye doctors. About 1 in 7 children who receive emergency treatment for dog bites to the face sustain ophthalmic eye injuries, which are more likely to have complications and need revision surgery that other injuries.

Continue reading " Dog Bite Injuries Particularly Severe for Children " »

In my sixteen years of experience as an Atlanta lawyer, I have often heard clients say they did not know how to go about retaining legal counsel. Many times, people may have a quick legal question or wonder how much their case is worth. There really is no down-side to calling an experienced Atlanta lawyer to get some answers.

If you believe you have a legal claim, the first thing to do is call a lawyer for an initial consultation. Lawyers almost always offer free consultations, in person or over the phone. These consultations are an opportunity for you to see whether you feel comfortable with this person representing you and for the lawyer to determine whether you have a valid legal claim that he wishes to take on. The information you share with a lawyer during a consultation will remain confidential, even if you do not end up retaining that lawyer.

If you delay in contacting a lawyer, you run the risk that your legal claim will expire before you can file your complaint. For instance, in Georgia, the statute of limitations (the time you have to file a claim) in medical malpractice cases is two years from the first alleged act of malpractice. Two years is not a lot of time if you have to order records, have your case reviewed, obtain an affidavit from a medical expert, and prepare the appropriate filings.

Many people worry that they do not have the money to pay a lawyer, but in medical malpractice and personal injury cases, Atlanta lawyers generally work on a contingency fee basis. This means that the lawyer is only paid if you obtain damages, through settlement or at trial, and his fee comes as a fixed percentage of those damages. Under this arrangement, the only costs you would have to pay out of pocket are court fees, filing fees, and fees to pay for an expert witness.

You will be able to discuss this fee arrangement and any other questions you might have during your free consultation. Just call!