Atlanta Injury Lawyers Blog

As an Atlanta dental malpractice lawyer, I constantly monitor new developments in the field of dentistry and dental pain management. Chronic dental pain because of nerve or joint disorders can be debilitating for many patients. Researchers at Boston University School of Dental Medicine have now found that stem cell therapy can help substantially reduce such dental pain.

The researchers used mesenchymal stem cells derived from the bone marrow in order to treat dental pain in lab rats. In order to stimulate pain in the rats, the Boston University researchers used two types of techniques. They tied up the masticatory muscle tendon to deliver musculoskeletal pain, and tied up the facial nerve in order to deliver neuropathic pain. The stem cells were either injected into the area, or were administered via IV just like anesthesia.

The researchers found that in the rats that received the stem cell therapy, the pain subsided and did not return. However, in a control group of rats that did not receive the stem cell therapy, the pain continued for twenty-two weeks. According to the researchers, they did not find any side effects from the use of the stem cells.

Continue reading " Researchers Successfully Use Stem Cells To Treat Dental Pain " »

Today was an especially difficult day for me. I met with a potential new client who drove from Columbus, Ga to meet with me in Atlanta. She had been clearly mistreated and hurt by security guards at a hospital in Columbus. I could tell after meeting with her for almost two hours and reviewing all of her medical records, that this incident greatly affected her physically and emotionally. This woman explained to me that she was "searching for one of the best lawyers in Atlanta" to handle her case. The case is currently in litigation in federal court in the Middle District of Georgia and her former lawyer died. She needs a lawyer to step in, conduct pre-trial discovery, prepare the case for trial and try the case. Due to a number of concerns, including how the case had been handled up to this point, I had to make the difficult decision that we could not take on this case.

As an Atlanta Injury Lawyer, I meet with many potential new clients. Often, they have been seriously injured or have lost a family member due to someone else's negligence. I have successfully handled cases involving all types of catastrophic injuries, including blindness, loss of a baby and death due to medical malpractice; permanent numbness, disfigurement and nerve injuries due to dental malpractice; and brain injuries, herniated discs, and other severe spinal cord injuries due to automobile accidents. Many of these injured victims are unable to work and came to me in physical, emotional and financial distress. I have always taken great pride in being able to help these clients in times of need.

These are challenging situations, to say the least. The opportunity to help injured people in these situations makes being a lawyer exciting and rewarding. Trust me when I tell you this: the injuries and losses suffered by these accident victims transcends the physical injuries and affects almost every part of their lives. That is why I am a personal injury lawyer. That is why I represent plaintiffs. I can't turn back the clock. I can't heal their injuries. But I can help get their lives back on track. I can get them the money and resources they need to cope with their injuries and losses. They soon learn that I am more than "just another Atlanta personal injury lawyer." They soon learn that I genuinely care about them and that I can play a large role in helping them recover and move on with their lives. Many times, my clients become close friends and we stay in touch over the years. To me, that is what makes personal injury law worthwhile.

So why the tough day. Well, as a lawyer, all I have is my time. We only have so much time and so many resources. As I explained, I practice law as a profession, not a business. I want to help those in need. Unfortunately, potential clients come to us seeking representation and they are severely injured. However, their case lacks merit in some important aspects. Because of this, we cannot take the case. This is frustrating and disappointing to me personally.

Continue reading " A Personal Message From Robert J. Fleming " »

A 5-year-old Georgia girl died after being administered a lethal dose of the local anesthesia called lidocaine in June of this year. The girl's family had taken her to Family Medical Clinic after she broke her arm in an accident. While trying to set her arm, the clinic workers gave the child too much lidocaine and she died.

As an Atlanta personal injury law firm which specializes in medical malpractice, we have seen a recent proliferation of injuries and deaths caused by improper delivery of anesthesia. Many of these injuries are caused by dentists who are causing nerve injuries by using an anesthesia called Septocaine. Our Atlanta Dental Malpractice lawyers are currently representing clients who have been injured in this fashion, either by the dentist severing the lingual or inferior alveolar nerves during the injection or by the nerves being damaged by the anesthesia itself. In either case, the nerve damage is often debilitating and permanent. This results in permanent numbness and pain in the tongue, chin, lips, cheeks, teeth and mouth.

Continue reading " Georgia Girl Dies from Anesthesia Overdose " »

Many dental procedures can be painful, and your dentist will use an anesthetic to numb the pain. Unfortunately, dental anesthetics may come with side effects that patients are not always aware of.

One the most common side effects of dental anesthesia is the development of hematomas. A dental anesthetic is administered by an injection, and if the needle pricks a blood vessel, then blood can begin to collect below the gum tissue. The result can be a painful swelling.

It's also not entirely unheard of for ingredients in your dental aesthetic to be absorbed into your bloodstream and travel through your body. These compounds can be toxic, and can affect the central nervous system. When this happens, there may be a number of alarming side effects. The person may feel excitable or irritable, and there may be acceleration of the heartbeat. A person may have excessive sweating and hot and cold flashes. More serious side effects of this toxicity can include blurred or double vision, confusion, disorientation, seizures or convulsions.

Continue reading " Side Effects of Dental Anesthesia " »

Atlanta dental malpractice attorneys know that persons with certain medical conditions are not eligible for dental procedures. A dental procedure likely contributed to the declining mental health of popular British TV actor Peter Falk, eventually leading to his death. Falk died in June at the age of eighty-three from Alzheimer's disease.

He had lived with the disease for years, but was mentally lucid enough to continue to work. His condition took a turn for the worse in 2007 after he underwent a series of dental procedures. According to family, within weeks, his condition worsened rapidly, and he slipped into dementia. He no longer recognized people or objects, and required full-time care. His family had to apply for legal guardianship because his condition had become so poor. Then in 2001, he underwent hip replacement surgery, contributing to a further decline in his condition.

His family struggled to understand the sudden onset of dementia symptoms, and did not make the connection between his dental procedure and the onset of dementia. However, the results of new studies published in the Journal Urology revealed that surgical procedures can exacerbate the onset of Alzheimer's disease, and exacerbate the disease in those who already have it.

Continue reading " Dental Procedures Can Exacerbate Certain Medical Conditions " »

It's not the kind of case that Atlanta medical malpractice lawyers often come across. A Gwinnett County man has filed a lawsuit alleging medical malpractice against his son’s psychiatrist. The case has triggered debate over whether a criminal suspect's family is eligible for damages in a civil action.

The son, in this case, is mentally ill, and has been charged with stabbing his mother to death. In 2001, the son, Victor Bruscato began receiving treatment for a number of conditions, including violent tendencies, from Dr. Derrick Johnson in Gwinnett County. The treatment seemed to help Bruscato, and expert witnesses testified as much during the trial.

In May 2002 however, O'Brien eliminated at least two powerful medications from Bruscato’s medication program, because he believed that these could be contributing to the development of dangerous symptoms. Soon, Bruscato’s mental condition began to worsen. He suffered recurrent nightmares, and began hallucinating that the devil was ordering him to do bad things.

Continue reading " Gwinnett County Man Files Medical Malpractice Lawsuit over Wife’s Murder " »

Many Georgia car accidents result in the accident victim suffering severe injuries which can require hundreds of thousands of dollars in medical bills. Unfortunately, some at-fault parties may have only $25,000 in insurance liability coverage. This presents a challenge to Atlanta auto accident lawyers. However, there are many other sources of recovery that can be used to compensate the client, the trick is being diligent and finding the money. Because someone is seriously injured, the incentive is great to do all we can as lawyers to find these extra sources and ensure that our clients are adequately compensated.

One source of extra insurance is uninsured/underinsured ("UM") motorist coverage. This coverage will apply for all of the client's insurance policies. It is possible that UM coverage may be available under the client's umbrella policy. It should also be noted that UM coverage will be deemed to exist if the automobile insurer did not comply with OCGA 33-7-11 and produce evidence that the insured rejected UM coverage. Additional source of UM coverage may be found on other cars or other vehicles (such as motorcycles) owned by the client (in which case the coverage would "stack").

If the injured client lives with a resident relative who is insured and has a UM policy, the client is covered under the resident relative's UM under OCGA 33-7-11(b)(1)(B). Finally, if the injured client was in a work vehicle at the time of the accident, the employer's automobile insurance policy may provide UM coverage as well.

Issues related to insurance coverage are complex. If you or a loved one have been involved in a serious automobile accident in Georgia, you should contact an experienced injury attorney as soon as possible. A thorough investigation of the facts of the case can often lead to more available insurance coverage.

Continue reading " Sources of Recovery For Serious Georgia Car Accidents " »

Georgia victims of dental malpractice should be aware that a number of dental nerve injuries may be caused by the anesthesia injection-as well as from dental malpractice. Paresthesia is an adverse event which has been linked in a much higher reported incidence rate with the 4% concentration drugs known as Septocaine, Articaine and Prilocaine.

Several U.S. studies now strongly suggest that nerve damage to the lingual nerve or inferior alveolar nerve during dental work depends on whether the 4 percent local anesthetic drugs are used. These findings are consistent with other studies conducted on these drugs in other countries. Until further studies indicate otherwise, dentists should consider this higher incidence rate before using these numbing agents.

Continue reading " New Studies Show Link Between Dental Nerve Damage and Local Anesthetic Injections " »

On July 5, 2011, the Georgia Supreme Court granted certiorari to determine whether Georgia's dram shop act, OCGA Section 51-1-40, applies when a convenience store sells alcohol not intended to be consumed on the premises. The Court held that the convenience store is liable, if they sell alcohol to a visibly intoxicated patron and the patron later causes and accident. Florez v. Exprezit! Stores 98-Georgia, 304 Ga. App. 333 (696 SE. 2d 125) (2010).

In the Florez case, the convenience store sold a noticeably intoxicated patron a 12-pack of beer, which he drank and he later caused a collision in which 6 people were killed and several more were injured. The parties injured in the fatal car accident brought suit against the convenience store alleging that it should be liable for causing the wreck because it sold beer to an already intoxicated person, who subsequently caused the fatal wreck. The trial court and the appellate court both held that liablity did NOT extend to the convenience store. However, the Supreme Court ruled that the convenience store was liable under the Dram Shop Act.

As a practical matter, this is an important decision which allows injured plaintiffs to seek relief from an additional liable party when a automobile accident results from a drunken driver's negligence.

Over 12% of patients who have received a Depuy hip implant must have an additional surgery to repair the implanted device. This, among other reasons, is the basis for the ongoing class action lawsuit.

Plaintiffs have alleged that DePuy's parent company, Johnson & Johnson, failed to properly test the hip implant devices prior to marketing them, and that Johnson & Johnson knew about these problems for over two years prior to recalling the implants.

In August 2010, Depuy recalled the ASR XL Acetabular System and ASR Hip Resurfacing System hip implants due to the above stated problems. The FDA had received over 400 reports of problems with the ASP devices prior to the recall.

Continue reading " DePuy Hip Replacements Class Action " »