Confidential Settlement for Premises Liability Accident
Confidential Settlement for Motorcycle Wreck
$705,000 Verdict in Commission Dispute Case
Confidential Settlement in Golf Cart Injury
$1.9 Million Recovered in Pay Dispute
Confidential Settlement For Atlanta Chiropractic Malpractice
Confidential Settlement in Commission Pay Dispute
Confidential Settlement In Dental Malpractice Case
$3.25 Million For Alleged Fraud in Sale of Business
$5.5 Million Medical Malpractice Verdict
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SEXUAL ABUSE BY GEORGIA DOCTORS IS BEING REPORTED MORE THAN IT USED TO BE

In my opinion, I don’t think there is more sexual abuse of patients by doctors. It is just simply being reported more than it was in the past. News reports during the past year have highlighted only a small portion of the latest cases of sexual abuse by doctors. Among them, Indiana’s medical board suspended a doctor’s license over allegations of repeatedly touching and propositioning female patients. After one woman came forward with an accusation, more cases were uncovered, according to the state’s Attorney General’s Office. This is a common situation, in that, once one victim comes forward, many more victims come forward to expose the predator. In this case, the sexual predator is a doctor.  In Minnesota, a 71-year-old doctor was arrested on two criminal sexual conduct charges after a female patient complained to police about inappropriate sexual touching and kissing during medical treatments. She reportedly took video of one incident. A Kansas psychiatrist agreed to an indefinite license suspension after being accused of having sex with three patients, including one who overdosed on opioid painkillers he prescribed. Unbelievably, this predator masquerading as a doctor remains licensed to practice medicine in the state of Missouri. In New Mexico, a psychiatrist was arrested and charged with sexually assaulting six female patients. Among the allegations were that he fondled patients in the guise of exams, and that he told patients he would provide painkillers in exchange for sex. Once again, to be sure, these are just a few examples that have been publicized, while

Now, allegations of sexual about a North Georgia doctor and his female patients have surfaced in based on sealed court records that were once unsealed. The document reportedly described how Georgia’s medical board investigated the doctor’s alleged involvement with a married, addicted patient. The doctor claimed the woman was no longer a patient when their sexual relationship started, and he denies having relationships with three other women, the document notes. Obviously, we don’t know the answers to these factual questions and the investigation would turn on them.

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Many people do a quick internet search for “the best lawyer in Atlanta” or “Best Atlanta Lawyer” or “the best personal injury lawyer in Atlanta” or something to that effect. What usually pops up is an ad from a large advertiser, not necessarily the best lawyer but maybe the best marketing law firm (quite the difference to say the least). As an Atlanta Personal Injury Lawyer who has been practicing law for over 25 years, I have seen the transition from word-of-mouth referrals to internet searches as the main source of lawyer referrals during this time. In other words, when I first started focusing my law practice on plaintiff personal injury work, I received ALL of my referrals from other lawyers. Yes, ALL. Now, to be sure, that was a long time ago. I have to say, that was probably a better method of selecting a lawyer for some, while worse for others. If you were a professional and had a lot of friends who personally knew lawyers, you could probably do well by talking to your friends, co-workers or trusted professionals that performed services for you and find a good lawyer to represent you. But what about those who did not have access to such a network? The internet, in some respects, was probably the “equalizer” for them. But as we have seen above, the may not wind up with the best lawyer in Atlanta, but rather may be bombarded with some of the slogans and tag lines from some of the more popular law firm advertisers such as the following:

Accident happen. We can help

Because you need someone in your corner who cares

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Local authorities in Atlanta are still trying to determine what happened. Surveillance footage from the MARTA station showed the victim on a scooter before the crash, but it did not capture the moment of impact, according to Atlanta police. As a result, investigators cannot technically say whether the man was riding the scooter when he was hit, but common sense needs to dictate here as a scooter was found in the street on the bus’ passenger side, and the scooter rider has died from injuries sustained in the MARTA crash.

Cobb County contracts with First Transit for the CobbLinc service, and county spokesman Ross Cavitt said officials are waiting on details from the contractor. The police are waiting for production of the video as arrangements are still being made to turn over video from the bus to Atlanta police. The bus driver has not been identified. The crash is believed to be the second deadly accident involving electric scooters in the city of Atlanta, with both of the fatalities involving MARTA. Just last month, a man on a Lime scooter was hit and killed while leaving the parking lot of the West Lake MARTA station in west Atlanta. The driver of a Cadillac SUV is facing charges in that crash, which resulted in the first electric scooter-related death. All of this comes as Atlanta police have ended a grace period for riders and started enforcing city code, which mandates that scooters be ridden in the street with other traffic, not on sidewalks.

The latest fatality was characterized as a “call to action,” by Atlanta City Council member Amir Farokhi who stated, “we need to invest more in complete streets — streets that accommodate cyclists, scooters, and pedestrians as much as they do cars. When someone dies on our roads, it, in part, represents a failure of design. It does not matter whether you are walking to lunch, biking to see a friend, scooting home, or driving to the grocery store, you should be safe as you move around the city. We can and must do better.”

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A man on a Lime electric scooter was hit and killed by an SUV while he was leaving an Atlanta MARTA station just after midnight.

It appears to be the first fatal accident involving a “dockless electric scooter” investigated by the Atlanta police (“APD”).

While this may have been the first APD fatality, we have seen a quick rise in the number of injuries sustained by riders of the e-scooters from companies such as Bird and Lime due to the negligence of others and, in some instances, from the negligence of the e-scooter company itself.

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We handle a lot of serious personal injury cases in Georgia. One thing that I have learned after practicing law for almost 25 years is that Hope is essential to the healing process for those that have been seriously injured. I think it’s fair to say that our attorneys are experienced and skilled in their fields of specialization. It is also apparent that they know the courts and judges in Georgia very well.  The importance of this, cannot be understated as these are all important attributes of a good lawyer which are important for a successful outcome in a Georgia personal injury case. But, in my opinion, our attorneys something that you don’t often see in lawyers: genuine care and concern which is apparent from the initial client meeting all the way through the process and is demonstrated time and again throughout the litigation process. In other words, the attorneys at Katz Wright Fleming Dodson & Mildenhall keep hope alive for our clients. Hope that they will recover from their injuries. Hope that they will cover the costs of their treatments. Hope that they will get back to their life as quickly as possible, or as close to the life they knew before they were injured. Because, you see, despite what insurance companies think, no one wants to be injured. No one wants to be involved in a lawsuit. No one wants to seek an attorney to represent them in a personal injury lawsuit. No one wants to be involved in protracted litigation. No one wants to go to a jury and ask to be fairly compensated for their injuries because the negligent party will not take responsibility for the injuries that they caused due to their negligence. But, many of our clients find themselves in this exact position and they must put their lives on hold in order to deal with the injuries and legal issues that come with them. That is where we come in.
I am surely biased, but I like to think that our attorneys are among the best in the country. They are regularly evaluated for quality and competence by leading sources which employ rigorous standards such as Super Lawyers, Justia, LexisNexis Martindale-Hubbell, AVVO, and many other lawyer rating organizations which constantly strive to identify the best lawyers in Atlanta, the best lawyers in Georgia, and the best lawyers in all of the United States. We welcome this scrutiny and embrace it because it allows those who need really good lawyers in a time of real need to be able to evaluate the lawyers in Georgia available to them and make an informed decision as to who they choose to represent them. And after all, this is the way you should make a decision as to which lawyer you choose to represent you when you have been seriously injured. Not, just blindly picking the first lawyer that pops up on a TV ad, billboard or yellow pages ad. But rather, pick the lawyer of your choice after evaluating them based on objective criteria and a wealth of information that is at your disposal. Once again, we welcome this, because we help people injured by medical malpractice, dental malpractice, car accidents, trucking wrecks, airport injuries and other injuries caused by the negligence of someone else. In addition to excellent results, we provide support and guidance through a difficult time in your life. If you have been seriously injured and need an experienced and caring attorney in Georgia, contact us today and give us an opportunity to discuss your case and see if we can help. We are experienced Atlanta personal injury lawyers who work hard to get you all that you are entitled to under the law.
If you would like to discuss your personal injury case with an experienced injury lawyer who has empathy and compassion for your situation, call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.
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Early childhood cavities (ECC) is the single most common chronic childhood dental disease. In the treatment of ECC, children are often sedated under general anesthesia. An estimated 100 000 to 250 000 pediatric dental sedations are performed annually in the United States. Many of these procedures are not necessary and are performed by “suspect” children’s dental clinics under the auspices of treating the caries aggressively to stay ahead of the game. As we see below, most times, it is not worth the risk of general anesthesia complications to perform restorative work on a child’s baby teeth.

In 2016, the American Academy of Pediatric Dentistry (AAPD)1 announced, “Because restorative care to manage ECC often requires the use of sedation and general anesthesia with its associated high costs and possible health risks, and because there is a high recurrence of lesions following the procedures, there now is more emphasis on prevention and arrestment of the disease processes.” The AAPD’s policy statement goes on to enumerate methods of chronic disease management, active surveillance, and interim therapeutic restorations and states, “Non-surgical interventions should be implemented when possible to postpone or reduce the need for [previously accepted] surgical treatment approaches.”

A common rationale for aggressive surgical treatment with sedation or general anesthesia has been the vastly overstated association between tooth decay in primary teeth and subsequent decay in permanent teeth. In fact, this connection is modest, with the relative risk ratios ranging from 1.4 to 2.6.2,3 One reason the association it not strong is that the shedding of decayed primary teeth eliminates sites for bacterial colonization in the mouth and thus reduces risk of caries in the permanent dentition. The loss of primary teeth with replacement by permanent teeth is a normal developmental process that requires no professional intervention.

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Georgia patients are injured every day from dental procedures. Common dental procedures are not always as safe, effective, or durable as we are meant to believe. As a profession, dentistry has not yet applied the same level of self-scrutiny as medicine, or embraced as sweeping an emphasis on scientific evidence. “We are isolated from the larger health-care system. So when evidence-based policies are being made, dentistry is often left out of the equation,” says Jane Gillette, a dentist in Bozeman, Montana, who works closely with the the ADA committee on evidence-based dentistry. “We’re kind of behind the times, but increasingly we are trying to move the needle forward.”

According to a recent article in the Atlantic Magazine, “excessive diagnosis and treatment are endemic,” says Jeffrey H. Camm, a dentist of more than 35 years who wryly described his peers’ penchant “creative diagnosis” in a 2013 commentary published by the American Dental Association. “I don’t want to be damning. I think the majority of dentists are pretty good.” But many have “this attitude of ‘Oh, here’s a spot, I’ve got to do something.’ I’ve been contacted by all kinds of practitioners who are upset because patients come in and they already have three crowns, or 12 fillings, or another dentist told them that their 2-year-old child has several cavities and needs to be sedated for the procedure.”

The article also cites Trish Walraven, who worked in a dental office for 25 years and now manages a dental-software company with her husband, and recalls many troubling cases: “We would see patients seeking a second opinion, and they had treatment plans telling them they need eight fillings in virgin teeth. We would look at X-rays and say, ‘You’ve got to be kidding me.’ It was blatantly overtreatment—drilling into teeth that did not need it whatsoever.”

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Seven (Yes, 7) pit bulls escaped from their yard and attacked a female neighbor outside her home and another woman in the dog owner’s home off Windy Hill Road. The owner, of the 7 pit bulls had been cited six times between February 2018 and March of this year for the dogs roaming the neighborhood, injuring a chicken and biting another animal, according to citations and incident reports obtained by The Atlanta Journal-Constitution from Cobb County through an open records request.

Clearly, if the facts as reported by the AJC are true, the owner of the seven (Yes, 7) pit bulls is liable for all of the damage the pit bulls  have caused in attacking the innocent neighbors. The first inquiry in a case like this is: did the owner know or have reason to know that the dogs were dangerous. In this case, the interesting reported fact is: Cobb County Animal Services Division Director Shana Luke said the agency had no reports of the dogs biting people before the incident.  So, one of the interesting legal questions in this case is: Should the owner of the seven (Yes, 7) pit bulls have known that the dogs were dangerous since the owner had been cited numerous times for roaming the neighborhood, injuring a chicken and biting another animal, but not for biting a human being. The answer, in my opinion, is yes.

We at Katz Wright Fleming Dodson & Mildenhall have handled cases similar to this and recovered for our clients when the dog involved in the attack did not bite other people before but did have a history of vicious behavior toward other animals and a history of getting loose and causing problems in the neighborhood. Couple this with the clear violation of the local leash law (in this case Cobb County’s animal leash law) which states as follows:

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Dentists and dental offices in Georgia, and throughout the country are liable for all of the injuries that stem from malpractice. This includes claims for wrongful death that results from dental care that is below the standard of care. I have seen dental patients choking, drowning and bleeding to death in the dental chair–or shortly after the treatment.

A university has paid $225,000 to settle lawsuits filed over the treatment of a man who bled to death after having 12 teeth extracted in preparation for a liver transplant.

The university issued the following statement, “[We] would like to extend again its heartfelt condolences to [the] family. Under any circumstance, the passing of a patient is devastating to faculty and staff. [W]e do our collective best to heal, save lives and advance health. Patient privacy laws prevent us from discussing the case further.”

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According to a recent article in the Boston Globe, when veterans need nursing home care, the VA can place them in agency nursing homes or in other facilities at VA expense. Taxpayers pay $1,125 each night to house a veteran in VA nursing homes. That’s far higher than the average $296 each night in private facilities or $174 in state-run nursing homes where the VA pays a portion of the cost, according to agency budget documents. VA officials said the rates are not directly comparable because VA nursing home costs include hospital care and “more expensive medical services that just aren’t available in most non-VA facilities.” The agency told the Government Accountability Office in 2013 that about 40 percent of VA nursing home costs account for “core” services and would be comparable. At that percentage, the current VA core cost would be $450 a night, still 52 percent more than the agency’s cost for private placement. Despite the sizable public spending on VA nursing homes – more than $3.6 billion in 2018 – the agency until recently had kept the findings of inspections of its nursing homes confidential.

Despite the extremely high costs and apparent secrecy, according to the article, at the Veterans Affairs nursing home in Brockton, Massachusetts, a severely impaired veteran with dementia sat trapped in his wheelchair for hours, his right foot stuck between the foot rests. Inspectors watched as staff walked past the struggling man without helping. Veterans moaned in pain without adequate medication at VA nursing homes in Dayton, Ohio, and Augusta, Maine. A unit at the VA nursing home in Lyons, New Jersey, had no functional call system for residents to summon caregivers.

In another example cited in the article, a severely impaired veteran with Parkinson’s disease went without adequate pain medication day after day at the VA nursing home in Augusta, Maine, as nursing staff treated a sore at the base of his spine that had penetrated to the bone. “The resident moaned throughout the wound care and the moaning increased during wound cleansing and measuring,” noted an inspector who witnessed the episodes in July. Inspectors cited the Augusta facility and 28 other VA nursing homes for failing to ensure veterans didn’t suffer from serious pain. This is barbaric and would not be tolerated in any other facility in the country, unless it was a VA facility. The issue has been a long-standing problem at VA nursing homes – flagged more than seven years ago by the GAO, which found a high percentage of veterans were in pain. Specialists said caregivers should assess and adjust medications or try other methods to make sure residents get relief.

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