Atlanta Injury Lawyers Blog

Published on: May 2, 2013

Top Georgia Commission Disputes

One of the legal areas in which I most enjoy practicing is commission disputes. Before going to law school, I spent a few years as an account executive with AT&T selling computer equipment and related telecommunications equipment. During that time, more than half of my income was earned through commissions and bonuses based on a number of complicated commission plans that included commissions based on sales volume and quota attainment and various bonuses. So, I understand how frustrating it is when companies for whom commissioned salespeople work for fail to pay commissions as promised. Successful salespeople work as hard as any professionals I know and they deserve to be paid for all of the sales that they make. The following are the top scenarios that I have seen in Georgia when companies refuse to pay salespeople the full amount of money owed and litigation is imminent.

1. By far, the most common dispute arises when a salesperson quits and leaves the company. Depending on the type of sale, there could be a stream of commissions due for up to a year or longer after departure. Other times, it could be a large payment which triggers commissions due to the salesperson in the future, but after the salesperson has left the company. Many employers take this opportunity to unlawfully withhold commission payments on commissions that were earned and but paid. Absent contractual language to the contrary, this is unlawful. Many times the contract specifically addresses this situation. Other times, it is silent or ambiguous as to who these payments are to be earned and paid.
2. Another common situation which results in a commissions dispute is when a company fires a salesperson and refuses to pay the outstanding commissions unless the employee signs a release and settlement document which hampers her ability to go to work for a competitor. Not only is this not necessary, it puts the salesperson in an untenable position with her formers employee and any prospective employees. If you find yourself in this position, it would make a lot of sense to consult with an experienced commissions lawyer before signing anything that could hurt your legal rights to collect your commissions in the future.
3. Finally, it is common to see a commission dispute when the company pays the wrong person for the sale. Unfortunately for the company, if they paid the wrong person, this does not absolve them from the legal (contractual) obligation to pay the correct salesperson all of the commissions due and owing.
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Published on: April 26, 2013

Don’t Be The Injured Patient That Signs Away Valuable Nerve Injury Case

by Robert J. Fleming

This happens all too often here in Atlanta and in other parts of the country but I rarely take the time to write about it. However, I feel compelled to share what happened recently to help other victims of dental malpractice. I received a call from a very nice woman who clearly had a very serious dental nerve injury from a dental procedure. She was frustrated and troubled because she has had intense pain and paresthesia (numbness) in her lower lip, the corner of her mouth and her facial skin, since a general dentist installed implants in replace of teeth #30 and 31. These are the two last mandibular molars on the right side (assuming that the wisdom tooth and that side has been extracted). The reason for the pain and numbness? The general dentist placed the implants into the nerve canal when installing them. Then he backed them out to weeks later. In other words, the dentist crushed her mental nerve by screwing the implants through the nerve canal and into the nerve itself. Apparently, the dentist did not perform the pre-implant procedure testing and planning that is required by the standard of care for dentists under similar circumstances. This is an implant procedure complication that is almost always caused by malpractice and is easily avoidable.
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Published on: March 29, 2013

Oral Surgery Can Cause Many Serious Dental Injuries

by Robert J. Fleming

As a Georgia trial lawyer who specializes in Dental Malpractice, I represent clients who have suffered lingual and inferior alveolar nerve injuries and other maxillofacial nerve injuries caused by Oral Surgeon dental malpractice. Today, I read that an oral surgeon in Oklahoma who has “voluntarily” closed his offices after health officials began investigating his dental practice.

Despite his office’s “spiffy” facade, this oral surgeon is being investigated for contributing to the spread of hepatitis and the HIV to his patients. State and County inspectors raided the Oral Surgeon’s office and found evidence of employees using dirty equipment, re-using syringes, and administering drugs without a license.

This lack of quality assurance and proper medical protocol is appalling and I must say that it is not the norm. The injuries that I see most often result from dental errors during a number of dental procedures as follows:

DENTAL IMPLANTS

Nerve injuries related to dental implant treatment is becoming an increasing problem. The incidence rate of implant-related inferior alveolar nerve (IAN) nerve injuries varies greatly but can approach 40% of some patients. 25% of edentulous patients (those without any of their natural teeth left) present with a degree of altered IAN function, thus reinforcing the need to follow guidelines and the standard of care on the necessity of pre-operative neurosensory evaluation. 3-D scanning now available in many specialist practices and dental hospitals provides improved imaging for planning implant placement with little radiation exposure.

ROOT CANAL PROCEDURES

Any tooth requiring endodontic treatment that is in close proximity to the IAN canal should be given special attention by the dentist. If the canal is over prepare’ or the apex opened, chemical nerve injuries from irrigation of root canal materials is often the result.

WISDOM TOOTH EXTRACTIONS

Third molar surgery or extraction-related inferior alveolar nerve injury is reported to occur in up to 10 % of all extraction cases. Factors associated with IAN injury are age, difficulty of surgery and proximity to the IAN canal. If the tooth is closely associated with the IAN canal radiographically, i.e., it is superimposed on the IAN canal, darkening of roots, loss of lamina dura of canal, or deviation of canal which is probably due to interference of the root with the inferior alveolar nerve canal, then the risk of nerve injury doubles according to some reports in the dental literature.
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Published on: February 8, 2013

Pain Managment For Atlanta Dental Implant Nerve Injuries

by Robert J. Fleming

Injury to a nerve is the most common problem I encounter as an Atlanta Dental Malpractice Attorney. This type of injury is caused by the implant being too long for the application or being screwed too far into the bone and compromising the inferior alveolar nerve canal.

Unfortunately, this type of dental nerve damage is almost always permanent. While damage to skin tissue or bone often heals, the same cannot be said for nerve injuries. This underscores the need to avoid the malpractice that causes these injuries in the first place by, for instance, not relying solely on x-rays (which sometimes lack the clarity needed to know the exact distance to the nerve canal). There are a number of more advanced and more accurate tests that can be performed prior to conducting dental procedures that place the inferior alveolar nerve, mental nerve and lingual nerve in danger. Often, the dental malpractice standard of care requires that these tests be performed prior to the procedure to protect against damaging these nerves. In addition, the standard of care requires a number of procedures to be performed after the dental procedure to ensure, despite the dentist’s best efforts and proper pre-procedure planning and testing, that the nerve has not been injured.

In addition the resulting numbness, many patients suffer from debilitating pain. Many find this hard to comprehend (i.e., how can I be numb and have severe pain at the same time in the same area). Suffice to say that the interaction between the central nervous system and sensory nerves are extremely complicated and that there is a very complicated medical explanation, but we can leave it at: it is possible and it does happen to many of my clients who are the victims of dental malpractice while undergoing dental implant procedures.
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Published on: January 30, 2013

The Best Lawyer in Atlanta

by Robert J. Fleming

With the ringing in of the new year came the latest edition of the “Real” Yellow Pages and a host of imitators. I normally throw them right into the recycling bin because, as a hard-working and ethical lawyer who has built his practice on past performance in the courtroom and client satisfaction and referrals, it is difficult to read the Yellow Page Ads that some lawyers run. Truth be told, I know some of these lawyer and more importantly, I know the quality of law that they practice. To be kind–they are usually not the best choice when one is seriously injured and looking for a lawyer in Atlanta that will take the case on, work the case up, and resolve it or try it to a jury quickly. Rather it has been my experience that most of the heavy Yellow Pages advertisers are in the business of getting lots of cases in, settling the easy ones and referring out the hard ones to lawyers who will put the effort into getting a good result for the client by working the case up the proper way and pushing the case to fruition. This often entails written discovery, depositions of the parties, depositions of the experts, motion, oral argument and, if the case cannot be resolved at mediation, trying the case to a jury.

It is astounding, but the “best lawyers in Atlanta” are almost all NOT in the Yellow Page Ads. In addition, the two page spreads are dominated by law firm mills (heavy use of paralegals, advertising for low-lying fruit and who sign up and refer out to real trial lawyers the difficult but valuable cases).
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Published on: January 4, 2013

New Year Rings in Same Old Injuries for Atlanta Dental Patients

by Robert J. Fleming

With the new year upon us, many people contemplate dental work as a way to have a new beginning or to get ready for the new year. As an Atlanta Dental Malpractice lawyer, I am far too aware of injuries that can result from botched dental work.

Dental implants, root canals, and wisdom tooth extractions are just three of the many dental procedures that result in serious nerve injuries to the lingual and inferior alveolar nerves. It’s a simple (not simplistic) error that dentists make that cause these injuries. Most times, the injury occurs because the dentist does not take into account the distance between the tooth root and the nerves, or worse yet, doesn’t even bother to take pre-procedure x-rays or CBCT scans to make sure there is sufficient room between the tooth roots and the nerve or nerve canal.

Dental implant procedures are “in” these days and they are effective, if performed within the standard of care. Unfortunately, we are seeing a lot more clients coming into our office complaining of dental nerve injuries after the dental implant was placed too deep into the jaw. Many doctors who treat these nerve injuries, refer to them as trigeminal neuralgia or trigeminal nerve injuries. While this is a rather imprecise diagnosis in my opinion, it is widely used by neurologists and other medical professionals who do not treat dental nerve injuries on a regular basis because the trigeminal nerve supplies the face, eyes, mouth and scalp with sensations such as touch, pain, and temperature.

According to the Trigeminal Foundation, trigeminal nerve injuries can cause episodes of intense, stabbing, electric shock-like pain in the areas of the face where the branches of the trigeminal nerve are distributed: the lips, eyes, nose, scalp, forehead, upper jaw and lower jaw. Sometimes you may notice pain with touch or when a cold breeze hits your face. This is a common complaint of clients who have suffered this type of dental injury.

Eating, speaking, drinking, brushing your teeth, shaving or applying makeup may all be difficult because of the changes in feeling. Examples of some patients with these nerve injuries.
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Published on: August 29, 2012

Atlanta’s Dangerous Dogs

by Robert J. Fleming

Two women in Oxford, Connecticut were treated at a local hospital after having been attacked by one of their neighbor’s German shepherd. The 37 and 49-year-old victims were taken by ambulance with bite wounds to their arms and legs. A common scenario when dogs attack.

Police report that the dog attacked one of the women before breaking away from its owner, and ran back to attack the other woman who had gone to help the victim of the initial attack. The owner of the dog has been cited for having an expired rabies certificate, two counts for having a nuisance animal, and two counts for permitting the dog to roam.

Here in Atlanta, we follow the “one bite rule.” That is, all dogs in Atlanta get “one free bite” before they become a liability to their owner. After the initial bite, the dog’s owner is placed on notice and becomes liable for all damages caused by the animal. However, there are numerous exceptions to the one-bite-rule which, for all intents and purposes, render it void. For instance the Atlanta leash law states:

Published on: August 29, 2012

The Georgia Victim and the Offer of Judgment Statute

by Robert J. Fleming

As an Atlanta personal injury lawyer, usually one of the first questions I’m asked by potential clients is how they have to pay my fees. In cases seeking damages for injuries and deaths arising from auto accidents, bicycle accidents, dog bites, slip and fall accidents or other types of cases of personal injuries or wrongful death, damages caused by the negligent actions of others are typically structured in contingent fee agreements.

In contingent fee agreements, clients do not have to pay a fee unless the case is settled for a dollar amount or attached to a money verdict. Ordinarily, the contract specifies that the lawyer will receive 33% or one-third of the gross settlement’s total if the case is settled without needing to file a lawsuit.

Generally, gross settlement means the sum of the settlement amount before legal costs or expenses are subtracted. Deposition fees, expert fees, filing fees, photocopy fees, fees associated with acquiring medical records, and so on typically comprise legal fees. Such expenses are paid out of the client’s share of the settlement’s gross.

Published on: August 29, 2012

Problems Stemming from Vaginal Rejuvination Surgery

by Robert J. Fleming

Vaginal rejuvenation surgery has become a great help in restoring sexual sensation for many women after childbirth. It helps to make the vagina and its cavity tighter by repairing the looseness that can come about from stretching and damage during childbirth. Labiaplasty, in which the outer lips of the vulva are restructured through traditional surgical techniques or lasers, can also be included in vaginal rejuvenation.

Vaginal rejuvenation is a serious medical procedure. Certain risks and complications are to be expected due to its invasive nature. These risks and complications can be reduced if the vaginal rejuvenation procedure is performed with lasers instead of traditional surgical methods.

Numerous risks and potential side effects arise during the recovery phase after the operation has been performed. These side effects can include: bleeding, bruising, infection, lost sensation, redness, and swelling.

Published on: July 31, 2012

$55 Million Awarded in Botched C-Section Case

by Robert J. Fleming

A now 2-year boy who suffered brain damage when he was born in 2010 has won an award of $55 million when a jury found the hospital that delivered the boy to be negligent.

The plaintiffs were at home when the mother went into labor. The childbirth was attempted with a midwife but the child was stuck in the birth canal. Therefore, the mother was rushed to the hospital where doctors agreed to perform a C-section immediately.

However, after waiting more than two hours, the procedure had not been performed. The mother waited in agonizing pain while her son began suffering brain damage. Eventually the procedure was performed but the child was left with permanent brain damage.