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The following was recently received by a colleague from an Atlanta insurance defense firm regarding a personal injury case that he was pursuing on behalf of the plaintiff:

“if any surgery is contemplated for any of the injuries he alleges we demand an IME [Independent Medical Exam]prior to the performance of such surgery. We have a right to see the alleged injuries in an unaltered state for the purpose of ascertaining their existence and causation. If you fail to properly secure and preserve this evidence and alter it prior to the requested IME, we will pursue a spoliation of evidence claim and seek all sanctions available under the applicable law.”

The law in Georgia is:

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As the previous blog related to dog bite cases illustrates, we have been following the recent catastrophic dog attack in southwest Atlanta. Now, after the senseless loss of an innocent child’s life and the hospitalization of another young child, the Atlanta neighbors have told the AJC that pit bulls routinely wander their streets. According to a recent article, it is not uncommon on the westside of Atlanta to see dangerous dogs roaming the streets. According to the article, “there are so many that Fulton County animal control officers could easily remove 100 dogs from the streets if they had the manpower” according to Oliver Delk, director of Fulton County’s animal services.

Dog bites can cause the following injuries:

  • puncture wounds and lacerations;
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Many Atlanta dental malpractice cases result in lingual nerve injuries. It is important to understand the relationship of the lingual nerve to the regions of the third molars (wisdom teeth) on both sides of the jaw.

Over 85% of dental patients have lingual nerves which run a regular course. In other words, over 85% of the patients’ lingual nerves runs in the exact location that the dentist expects it to be and this is usual and normal.

According to most studies, the horizontal distance, or the distance from the lingual nerve to the third molar (wisdom tooth) socket, on average, is 4.4 mm. The vertical distance, or the distance from the lingual nerve to the lingual horizontal rim, on average, is almost 17mm.

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As an Atlanta dental malpractice attorney, I am often approached by potential clients who have sustained nerve injuries after a dental procedure.  The most common dental procedures that result in nerve injuries are root canals, dental implants and molar extractions (especially wisdom tooth extractions). Of these, the majority of serious dental nerve injuries result from work on the mandibular (bottom of the jaw) teeth. This is because the inferior alveolar nerve and the lingual nerve run very close to these bottom teeth and tongue and can be damaged if the dentist commits malpractice when performing any of these dental procedures.

Less often, a nerve injury can occur in the upper region of the face when the dentist attempts to perform a nerve block using a local anesthetic instead of trying to numb the area being worked on via an infiltration injection just above the tooth. The nerve can be injured either by a needle stick mechanical injury or by the local anesthetic chemically damaging the nerve. There is literature to support that post marketing studies conducted by the manufacturer of a 4% local anesthetic solution have indicated an increased risk of nerve injury secondary to the administration of 4% local anesthetic solutions when administered by nerve block in the mandible.

If you have sustained an injury from a dental procedure, and would like to discuss your case in complete confidence, contact Robert J. Fleming at (404) 923-7497 for a free dental malpractice case evaluation or contact us online.

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An antitrust lawsuit was filed on behalf of Honda and Toyota car owners after the federal government disclosed facts concerning a global price-fixing scheme involving eight auto-part merchants. The scheme may have cost Atlanta car buyers and lessees millions of dollars due to inflated prices over a ten-year period of time.

A 2009 Honda CRV, a 2005 Toyota Prius, and a 2008 Toyota Camry is among the cars bought by plaintiffs in the class action period. And the lawsuit names Furukawa Electric, Delphi Automotive, Lear Corporation, Leoni Ag, Sumitomo Electric Industries, S-Y Systems Technologies GMBH, Yazaki Corporation, and Yazaki North America as defendants.

The aforementioned supply wire harnesses and related products to a number of American and Japanese carmakers. The complaint also maintains that the defendants mutually command the worldwide market of automotive wire harness systems. Wire harnesses guide and control electronic components, wiring, and circuit boards in automobiles.

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