MEDICARE’S STATUTORY RIGHT OF REIMBURSEMENT The landscape related to Medicare and personal injury settlements has changed. 42 U.S.C. §1395y(b)(2) and § 1862(b)(2)(A) of the Social Security Act, provide that Medicare may not pay for a beneficiary’s medical expenses when payment “has been made or can reasonably be expected to be made…
I. INTRODUCTION “Closing argument is the time to use the lawyer’s skill as a teacher, purveyor of the truth, and speaker. It is the phase of the case when artistry of the lawyer’s accumulated education, experience, intelligence, and ability can and should exhort the strength of the case or the…
As the below sample complaint for damages shows, there are not a lot of elements to a simple car accident lawsuit. Georgia is known as a notice pleading state. In Georgia, in order to file a lawsuit, the plaintiff must only allege duty, breach, and causation. In other words, the…
The official code of Georgia, O.C.G.A. § 51-4-1 governs the measure of damages in a Georgia wrongful death case and states, in pertinent part: ” [The] Full value of the life of the decedent, as shown by the evidence means the full value of the life of the decedent without deducting…
PLAINTIFF’S REQUESTS TO CHARGE Plaintiff respectfully requests the Court to give the charges attached hereto. Plaintiff requests the Judge to charge the following separate charges, each of which have been numbered separately and are to be considered a separate and distinct request, as if each numbered request to charge…
When one’s spouse is injured and is involved in a lawsuit, damages for loss of companionship and loss of services for the other spouse are known as loss of consortium claims. Damages for loss of consortium run from the date the spouse was injured and continue until the injury no…
Changes in the American Heart Association Guidelines may impact the use of antibiotics by dentists during tooth extractions and root canal treatment. The impetus for the new guidelines appears to be concern for prophylactic use of antibiotics when the are not indicated, which can lead to treatment resistant infections down…
There are many incidents of dental malpractice. According to a recent article, a lack of protocol to ensure sterilization has lead to numerous cases of bacterial heart infections and one death. The dental board investigated three initial reports of bacterial endocarditis, a type of heart infection, after a physician at…
Many asbestos-related lawsuits involve the deadly condition called mesothelioma, which is a particularly aggressive form or cancer that: (1) is almost always fatal; and (2) has a very long latency period (sometimes as long as 30 years). The latency period is the amount of time between exposure to the toxic…
According to a recent BBC News and Health article, which analyzed a study in the British Dental Journal, approximately 1% of dental implant procedures performed each year result in nerve injuries. Dentists should improve care before and after implant surgery, the study says. A dental implant is an artificial tooth root, which is screw…