Atlanta Injury Lawyers Blog

As an experienced Georgia lawyer, I represent many clients who have been seriously injured or who have complex legal needs. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those who need to hire a Georgia lawyer to make a more informed decision.

What should I look for in choosing a lawyer in Georgia to represent me?

Before hiring a lawyer in Georgia, you should conduct some basic background research to determine if the lawyer you are considering hiring is the right lawyer for the job. Many times the best marketer gets hired by the client, and this is a shame, because you deserve to have an experienced and dedicated lawyer representing you. As a general rule, staying away from the "heavy advertisers" such as those lawyers who advertise on daytime T.V., on the back of city busses, and on the front pages of the Yellow Pages is advisable. Many of these lawyers simply spend a lot of money on advertising and refer most of their cases to other lawyers who actually do the work.

Some factors which should be considered before hiring your lawyer are: (1) education--from which law school did the lawyer graduate. Law school educations vary greatly. Make sure your Georgia lawyer graduated from a top law school; (2) how much experience does this lawyer have. The practice of law is one of those professions that, with few exceptions, the more experience a lawyer has, the better. Lawyers often draw upon prior cases and situations in which they were involved to successfully prosecute current cases. The more experienced your lawyer is, the more prior experiences to draw from. Experience matters; (3) ask about courtroom experience and results. Many lawyers are vague about this. Many call themselves "litigators" yet have no direct trial experience. If you have an important case and go to trial, you will want an experienced trial lawyer (i.e., one who has ample "first chair" trial experiences and results to share with you) on your side at the courthouse. Ask specific questions and expect direct answers; (4) try to hire a lawyer that you like. I realize that, many times, you must make a fairly quick decision, and you have little chance to really get to know a lawyer before you hire them. But, try to get to know the lawyer you are considering hiring. Then, use your instincts and ask yourself, "is this someone who is trustworthy, likeable and easy to get along with?" You can usually answer this question. If the answer is, "no" or "I don't know", then keep searching and hire a different lawyer. A good trial lawyer is someone who can be trusted by all (by you, by opposing counsel and by the judges and courtroom staff). A good trial lawyer has a personality that people genuinely like and respect. A good trial lawyer instills confidence and competency in everyone involved. You should have these good feelings about your lawyer, or you should continue your search. "Why," you may ask. Because your lawyer will need all of these skills to successfully prosecute your case, whether it involves negotiating with the other side's insurance company, working with you, or trying your case in a court of law.

Continue reading "What Important Factors Should I Consider When Hiring A Georgia Lawyer" »

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Auto Accidents , Commission and Pay Disputes , Employment , General Negligence , Medical Malpractice , Motorcycle Accidents , Negligence , Nursing Home Abuse , Personal Injury , Premises Liability , Products Liability , Slip and Fall

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A 28 year-old woman visited a dental clinic to have 3 upper molars removed. Due to a mistake by the dentist and clinic, the dentist negligently removed all of the woman's upper teeth. Article.

Because of this clear case of dental malpractice, the victim has lost all of her upper teeth (of which 13 were apparently in good condition), endured tremendous amounts of pain; will be forced to undergo future corrective surgeries, and suffered from potential future medical complications such as her sinus cavity sagging due to the missing teeth and her facial bones moving because of the decreased bony structure.

Recently, a jury awarded the victim $2 million in damages. The money will be used to compensate this victim of dental malpractice for her pain and suffering and loss of her body parts; and to help finance the future dental procedures, gum surgeries, and other corrective procedures that the woman must undergo in order to replace all of her upper teeth.

Continue reading "Dental Malpractice Results in 16 Pulled Teeth" »

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Posted In: Medical Malpractice , Negligence , Personal Injury

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Reglan Side Effects

On January 26, 2009 the FDA issued an alert warning against chronic use of any medication containing metoclopramide, the most widely know being Reglan. Reglan can cause a serious and potentially life-threatening neurological disease known as tardive dyskinesia.

Tardive dyskinesia is more likely to occur if Reglan is used for longer than 3 months or when used in the elderly (especially elderly women). Tardive dyskinesia causes uncontrolled bodily movements of the face, mouth, tongue arms or legs. These uncontrolled movements can be permanent. You should seek medical attention immediatetly if you have been taking Reglan and are experiencing any uncontrolled bodily movements. There is no treatment for tardive dyskinesia, but in some cases symptoms may lessen or stop once use of the drug is stopped.

Especially at risk are patients who have been prescribed Reglan for acid reflux, pregnant woman who were prescibed Regland for morning sickness, breastfeeding mothers, elderly woman, and children who were prescribed Reglan for nausea caused by migraine headaches.

Metoclopramide is available in several forms including:

• Reglan Tablets
• Reglan Oral Disintegrating Tablets
• Metoclopramide Oral Solution
• Reglan Injections

Continue reading "FDA Warnings Regarding Reglan" »

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice , Personal Injury , Products Liability

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I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!

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Posted In: Auto Accidents , Employment , General Negligence , Medical Malpractice , Negligence , Nursing Home Abuse , Personal Injury , Premises Liability , Products Liability

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In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first three elements of this type of case i.e, duty, breach and causation.

Today we will discuss the fourth element of a Georgia Medical Malpractice Case, i.e., damages. Once the other elements are proved, the measure of damages includes not only compensation for actual bodily injuries, but also damages for pain and suffering. The amount of the damages awarded is determined by the general principles which govern other actions for personal injury in Georgia. Common damages that a medical malpractice victim can recover in a lawsuit are past and future medical bills incurred due to the injuries caused by the medical malpractice, past and future lost wages, compensation for the bodily injuries sustained, and compensation for the pain and suffering caused by the medical malpractice.

In medical cases individual health care workers can be held liable for no more than $350,000 in non-economic damages (mostly pain and suffering). Even though this is true, many times damages in medical malpractice cases are recoverable well past this amount, since the other types of damages are not capped.

If you are considering pursuing a medical malpractice claim in Georgia, you should consult with counsel who understands the nuances of Georgia Medical Malpractice law. At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Please contact us today so that we can help evaluate your case.

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice

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In previous articles, we have discussed the General Overview of a Georgia Medical Malpractice Case and the first two elements of this type of case i.e, duty and breach.

Today we will discuss the third element of a Georgia Medical Malpractice Case, i.e., causation. In this respect, a Georgia medical malpractice case is no different than any other legal cause of action in Georgia. Simply put, in order for a person to prevail in a medical malpractice lawsuit, they must prove that the malpractice caused the injuries that they are complaining of in the lawsuit. Many times, it is necessary for the plaintiff to hire a medical expert to opine on causation and this issue is often hotly contested.

Often, the best testimony regarding causation is obtained from subsequent treating doctors, as they are in the best position to make such a determination. With that said, we have covered another essential element of a Georgia medical malpractice case, i.e., causation.

If you are considering pursuing a medical malpractice claim in Georgia, you should consult with counsel who understands the nuances of Georgia Medical Malpractice law. At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Please contact us today so that we can help evaluate your case.

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice

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In previous articles, we have discussed the general overview of a Georgia Medical Malpractice Case and the first element of this type of case i.e, duty.

Today we will discuss the second essential element of a successful medical malpractice claim, i.e, breach of duty. A doctor, nurse or other medical care provider has a duty to exercise a reasonable degree of care and skill when providing medical care. By falling below this minimum level of care, a doctor, nurse or other medical care provider breaches the duty owed to the patient. In legal terms, the doctor, nurse or other medical care provider must exercise that degree of skill and care "which under similar conditions and like surrounding circumstances is ordinarily employed by the medical profession generally." Put another way, there is a minimum level of care that all medical providers are required to provide to their patients, if a doctor fails to meet this minimum, he breaches his duty to the patient.

Some of the more common breaches of the standard of care are:

At Robert J. Fleming, PC, we have successfully handled many medical malpractice cases and have recovered millions of dollars for our clients. Without questions the number one way in which doctors breach their duty of care and commit malpractice is by failing to adequately communicate. This could be doctors not communicating care instructions to other doctors involved in the care and treatment of the patient, a patient "slipping through the cracks" when released from the hospital and not receiving the proper follow up care, a patient not being properly instructed upon discharge as to what she must do after her stay in the hospital and a whole host of other instances.

Another area in which medical providers commonly breach their duty to patients is what we call "sloppy medicine." This includes common medical errors such as prescribing the wrong medication or the wrong amount of the correct medication, not properly filling the prescribed medication, surgical errors, and, as hard as this may be to believe, operating on the wrong body part.

All of the above situations can result in medical malpractice. Doctors provide an invaluable service to our society. Unfortunately, a small fraction of them do not provide the proper care and treatment that every patient deserves and expects. This is when an essential element of medical malpractice, i.e., duty, is breached. Medical malpractice lawsuits are in place to help compensate patients who have been injured due to malpractice.

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Posted In: Medical Malpractice

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The first element of a Georgia medical malpractice claim is duty. More specifically, "duty" means a legal obligation to conform to a standard of conduct or standard of care. Of all the elements we will discuss, this is often the easiest to prove. If a doctor treats a patient, a doctor- patient relationship exists. Once the relationship exists, the doctor has the duty to treat and care for the patient in a manner that a reasonably prudent doctor under similar circumstance would. The relationship between a health-care provider and patient is established when a patient knowingly seeks the care of a health-care provider and the health care provider knowingly accepts the patient for treatment. http://www.lawriter.net/cgi-bin/texis/web/caselaw/+lQeDKWFezxbnme7i2wezyAxwwxFqEnAo5n3AtKV1MG5coDwGzwDKWqvIFqqHE/svindex.html?doc=1

Absent unusual circumstances, the doctor-patient relationship is usually present, so we will focus more on the other elements of the Georgia medical malpractice claim in future posts.

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice

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Generally speaking, medical malpractice cases in Georgia are governed by the same basic principles as other negligence cases, with a few added requirements. In fact, while the term, "medical malpractice" is widely used and accepted by lawyers and non-lawyers alike, "medical negligence" is perhaps a better term because it more cogently conveys what this type of case is all about, i.e., negligence on the part of a medical provider that results in injury to the patient.

The basic elements of negligence in Georgia are (1) a legal duty to conform to a standard of conduct; (2) a breach of this duty; (3) a causal connection between the breach of this duty and the resulting injury; and (4) some loss or damages suffered by the plaintiff as a result of the negligence. Strickland v. Vaughn, 221 Ga. App. 636 (1996).

In the following entries, I will examine each area in more detail. In turn, this will uncover the basic elements of a medical malpractice claim and shed some light on why some bad outcomes do not lead to meritorious cases while other most certainly do.

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice

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At Robert J. Fleming, PC, we receive many calls from potential clients and referring attorneys regarding medical malpractice claims. Evaluating these cases is a "necessary evil" of our practice. Most callers report horrible injuries such as loss of limb, death of the patient or of an unborn child, loss of bodily functions, loss of sight, paralysis... The list is endless and truly troubling. According to the National Institute of Medicine, over 98,000 American deaths each year are caused by medical errors. However, it should be noted that not all bad medical outcomes are due to malpractice and, possibly an even more troubling truism, not all instances of "sloppy medicine" lead to actionable medical malpractice cases.

This is the sad reality in which we operate. Medical malpractice cases are expensive to litigate, take a long time to prosecute and require a tremendous amount of dedication and resoursces to pursue. With that said, there still are many meritorious cases; many cases worth pursuing and many instances in which justice requires (perhaps demands) that a lawsuit be filed. In the next few posts, we will help you separate the wheat from the shaft and better understand the type of medical malpractice case that should be pursued.

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Medical Malpractice

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