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Published on: January 10, 2019

Georgia Long-Term Care Insurance Denials

Long-Term Care Insurance Claims

Long-term insurance is one way to protect family assets and hedge against the high cost of long-term care when an elderly family member is no longer able to live on their own or take care of themselves. Because of declining health, these individuals often require long-term care in the form of home care, nursing home care, assisted living, nursing home care and other long-term care arrangements. Unfortunately, long-term care insurance denials are increasing at an alarming rate, partly because insurance companies did not anticipate the number of claims for this type of care or the amount of money each claim would entail.

Long-Term Care Insurance Denials

Published on: December 1, 2017

Dental Implant Problems that Lead to Malpractice Claims in Georgia

by Robert J. Fleming

The placement of dental implants is a surgical procedure that comes with many potential complications. Dental implants are designed to be a permanent replacement for teeth and as such are anchored into the jaw. However, with an increased rate of the placement of dental implants comes more injuries and complications from these procedures. The following are common bad outcomes from dental implants, and in many cases, are the direct result of dental malpractice committed by the dentist who installed the dental implant:

Facial nerve damage from the implant being placed into the nerve under the tooth. Common signs and symptoms include numbness, loss of sensation, and pain in the jaw, lips, chin and tongue. It is common to have pain and numbness at the same time or alternating pain and numbness.
failure of the implant to anchor into the jaw, this is known as failed osseointegration. The most common sign of this is that the implant is very loose or falls out.

Published on: June 7, 2017

Another Georgia Driver Killed On Shoulder of Road

by Robert J. Fleming

An Alpharetta man who had stopped to aid another driver on I-75 was killed early Monday when a car struck his own vehicle. The good Samaritan had pulled his Ford Explorer off behind a disabled Chevrolet Impala just south of Delk Road in Marietta about 4:35 a.m., Cobb police Sgt. Dana Pierce said. After turning on a set of white strobe lights on his vehicle, the victim got out and put on a reflective traffic vest, police said. Moments later, a 2006 Chevrolet Cobalt hit the rear of the Ford, causing it to hit the victim, who died on the scene.

Time and again, this is the end result of people (both who are broken down on the side of the road and those trying to aid someone who is on the side of the road) who are working on cars in the shoulder of the road. As an Atlanta Personal Injury Attorney who handles car accident cases, this is something that I see too often, and the results are almost always catastrophic. Anyone who finds themselves in this position should move as far to the right of the roadway as possible and not attempt to fix their car in the shoulder.

Due to the unique nature of a pedestrian being struck by a vehicle, there are unique legal issues which must be addressed as quickly as possible. Injuries in these types of accidents are usually extensive. The injured pedestrian is often taken from the scene by ambulance and not able to give their account of the accident to the investigating police officer. Because of this, legal representation should be sought quickly in order to protect the victims legal rights, even when the victim is in the hospital and cannot advocate for themselves. Many times, an immediate investigation can uncover witnesses and other evidence which can directly controvert what the at-fault driver (the drive who hit the pedestrian on the side of the road) tells the police of accident team. This can be crucial, not only for the trial or ultimate resolution of the case, but it can also affect insurance coverage, medical treatment and other issues related to the care and treatment of the injured person. Many times, there is only a short window of time to uncover this evidence before it is destroyed (either on purpose or accidentally).

Published on: May 29, 2017

Georgia Destruction of Evidence in Civil Cases

by Robert J. Fleming

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:

Published on: January 20, 2017

Atlanta Dogs Roam the Streets and Attack Often

by Robert J. Fleming

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;

Published on: August 11, 2016

Lingual Nerve Injuries

by Robert J. Fleming

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.

Published on: September 15, 2015

Common Dental Procedures that Result in Nerve Injuries

by Robert J. Fleming

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.

Published on: February 27, 2012

Antitrust Lawsuit Filed on Behalf of Honda and Toyota Owners

by Robert J. Fleming

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.