Atlanta Injury Lawyers Blog

Published on: November 26, 2010

Have Radiation Risks from Atlanta Dental Scans Been Underestimated?

Radiation diagnostic procedures have always been sparingly used among children and adolescents because of the risk of overexposure to cancer-causing radiation. However, the same kinds of precautions are not taken when children are in a dentist’s chair, getting an x-ray or a scan before a routine dental procedure. This is in spite of the fact that many dentists continue to use outdated x-ray film that expose patients to unnecessary excessive amounts of radiation. If used too frequently, these unnecessary and frequent radiation exposures could pose a serious health risk that simply is not necessary. At this point, it is axiomatic to say that frequent and/or unnecessary exposure to radiation should be avoided so as to avoid possible cancer and other health risks related to increased exposures to radiation.

That is not the only thing that should concern any Atlanta dental malpractice lawyer. According to the New York Times, more and more orthodontists and dental specialists around the country are now using a new scanning device that releases much more radiation than conventional diagnostic machines. The device is called a cone beam CT scanner, and is meant to provide 3-D images of the skull, including teeth, roots and jaw.

The technology has been heavily promoted by manufacturers, who say that it gives orthodontists and other dental specialist the chance to identify specific and precise problems, and devise treatment strategies more efficiently. What they don’t mention in all their marketing jargon, is that there is little scientific research to prove that these machines are safe. There have been few tests that have been conducted on the scanners to determine their efficiency that have not been sponsored or promoted by the manufactures of the scanners.
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Published on: November 22, 2010

Preserving Error in Georgia Bench Trials Under Georgia Code Title 24

by Robert J. Fleming

Sometimes, a strategic decision is made by plaintiffs to try their case to a judge only and not pursue a jury trial. Some plaintiff lawyers relax their approach to these types of trials. However, a relaxed approach should be avoided for a number of reasons. The Georgia rules of evidence provides a framework for preserving error. These rules of evidence are in place and should be complied with by Georgia litigators in order to allow the appellate court to determine whether any of the evidentiary rulings by the trial court were error–and if so, was it reversible error which mandates a new trial. From a more practical standpoint, preservation of error allows the trial judge to re-consider an erroneous ruling once she has had an opportunity to hear the evidence being offered. This should be kept in mind before and during the trial, in order to make sure that the judge has all of the correct evidence that she needs to make the correct decision–and one that will be upheld should it be appealed.
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Published on: November 21, 2010

Southern General v. Holt Holds Georgia Insurance Companies Liable For Bad Faith

by Robert J. Fleming

In Georgia, the insured owns a bad faith claim against his insurance company if the insurer does not accept the insured’s time-limited demand to settle within the policy limits. This claim was established by the seminal case in Georgia of Southern General Insurance Company v. Holt.

This scenario usually arises in a situation when there is a very serious personal injury which far exceeds the policy limits of the at-fault insured. The plaintiff’s attorney will usually send all the information that the insurance company could reasonably need to evaluate the case and make a 10-day demand to settle the case for the policy limits. This is commonly referred to by Georgia injury lawyers as a time-limited Holt Demand. While the facts and damages of each car wreck case are unique, most insurance companies look evaluate case value, at least to some degree, based upon: (1) the venue in which the defendant would be sued if the case were to go into litigation; (2) whether there is clear liability or whether there is a question about who caused the accident; (3) the injuries sustained in the wreck; (4) the amount of property damage to the cars involved in the wreck; (5) whether the injured person is taken by ambulance from the scene to the Emergency Room; (6) whether the plaintiff has continuity of medical treatment or whether there are large gaps in the treatment; (7) whether the plaintiff has been out of work due to the wreck and the amount of lost wages claimed by the plaintiff; (8) whether there is a permanent injury caused by the wreck; (9) the amount of medical bills; and (10) the quality of the plaintiff and defendant.

This is not an exhaustive list, and case value can vary greatly, based on many other intangibles that could add value to your case and cause the case to lose a bit of value. These intangibles sometimes will become clear once the case is developed and the settlement package is being prepared. Other times, facts come out during the litigation process that greatly impact case value.
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Published on: November 20, 2010

Darvon Painkillers Pulled From Market by Order of FDA

by Robert J. Fleming

On Friday, the FDA announced that the maker of Darvon (and the similar drug, Darvocet) has voluntarily stopped all marketing of the drugs in the United States. Both drugs have been accused of causing deadly side-effects for decades. The reason for the current recall: A cardiac study conducted by the manufacturer at the FDA’s bequest showed that Darvon caused irregular heart rhythms. In other words, the doses of Darvon and Darvocet normally prescribed by doctors and taken by patients is harmful to the heart. Couple this with the unacceptable propensity of patients to abuse the drug (i.e., taking more than the prescribed amount) and the risk of heart damage is simply too great to keep the drug on the market.

This recall follows bans in England and the European Union based on a different reason: The long-held belief that the use of Darvon and Darvocet lead to unacceptable risks of suicides and overdoses. Many safety advocates in the U.S. have been calling for the ban of these drugs since at least 1978, but the FDA has refused until now.
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Published on: November 19, 2010

New Georgia Law on Non-compete Agreements Exposed to Legal Challenge

by Robert J. Fleming

On November 2, 2010, Georgia voters approved a constitutional amendment which allows for much stricter constraints of trade for Georgia workers. The new law allows Georgia courts to “blue pencil” restrictive covenants in employment contracts. In other words, no matter how onerous and restrictive an employer writes a non-compete clause or non-solicitation clause, it will now be enforced to the extent that the law allows. This changes the current law which calls for the entire restrictive covenant to be held unenforceable, if any portions of it were beyond the scope of what was permissible (either overly broad in time, geography or scope).

The new law is suspect because the drafters of Georgia House Bill 173 stated it would be effective on November 3, 2010. However, the Georgia Constitution states that the new laws such as this one must take effect on January 1 of the following year.
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Published on: November 16, 2010

Head Injuries Can Have Life Altering Consequences

by Robert J. Fleming

Head injuries are some of the most serious injuries arising out of an Atlanta car accident. These have the potential to leave behind long-term and life altering consequences, unless treatment is begun immediately. Often, the most serious types of head injuries are those that result from a closed head injury, such as the skull colliding with the steering wheel or other area of your car when you are involved in an auto collision.

A head injury can refer to any injury that involves the scalp, skull or brain. Atlanta car accident lawyers come across both open injuries where the skull is broken, or closed injuries, where there is no penetration of the skull.

Head injuries can be of many types.

Concussions These are the most common head injuries. While concussions have been underestimated as brain injuries in the past, new research shows that these mild brain injuries must be treated with plenty of rest. A person who suffers a concussion, and suffers a second head injury soon after, is more likely to suffer complications. Avid sports fans are well-aware that many football players are forced to retire after receiving too many concussions. The reason: once you have suffered one major concussion, subsequent concussions tend to cause much more severe damage.

Contusions or bruises on the brain
Subdural hematoma or bleeding in the brain. These are serious brain injuries and can even lead to death. Symptoms include slurring, confused speech, headaches, lethargic, confusion, nausea, vomiting, weakness, visual disturbances, and seizures.

Subarachnoid hemorrhage refers to bleeding in the subarachnoid space, which is the area between the brain and the tissues that cover the brain. A person who suffers a subarachnoid hemorrhage may suddenly lose consciousness. There may be loss of sensation, and difficulty in movement. The person may display personality and mood changes. He may suffer from stiffness in the neck, nausea, vomiting, and seizures. He may develop double vision, blind spots or temporary loss of vision. His eyelids may begin to droop, and the pupils may be of unequal size.
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Published on: November 7, 2010

Georgia Legal Requirements For Those Involved in Serious Car Accidents

by Robert J. Fleming

Car accidents are difficult situations, even when everyone involved acts responsibly. The recent trial of Aimee Michaels – the Atlanta driver in the so-called Easter Crash – is a sobering reminder of the importance of knowing your obligations as a driver before you find yourself in a potentially overwhelming situation.

Under Georgia Law, if a person fails to stop after being part of an accident where someone is seriously injured, they escalate their legal difficulties from a possible civil suit into the realm of criminal law. A hit and run resulting in serious injury or death is a felony.

In the event that you are involved in an Atlanta accident, Georgia law requires that you stop immediately at the scene, or as close as possible. This is true for any driver involved, not just drivers of the primary cars in the crash. Bellamy v. Edwards, 181 Ga. App. 887, 354 S.E.2d 434 (1987). Drivers should exchange information, including name, address, and registration numbers. If someone is hurt, it is the responsibility of the other driver to offer reasonable assistance – including notification of emergency services such and calling the police, or even transporting the injured person to the nearest emergency room.

The backdrop to all of this is: no matter what the situation, do your best to comply with the law of Georgia and to ensure the safety of yourself and other around you. We have encountered many situations in which people who have been involved in car wrecks have been victims of the negligence of other when a careless driver runs into them causing serious injury as they are waiting on the shoulder of the road (or worse yet, on the roadway) for the police to arrive. Still others are involved in wrecks when they are re-entering the roadway after completing the police report, etc.

Published on: October 30, 2010

What to do If You Have Suffered Lingual Nerve Injury and Inferior Alveolar Injury

by Robert J. Fleming

Both lingual nerve injury and inferior alveolar nerve injury can occur during oral surgery procedures. Both of these injuries can result in permanent or temporary loss of sensation in the mouth. In some cases, the lingual nerve may be injured, while in others, the inferior alveolar nerve may be injured. In some cases, both may be injured. While both conditions can be painful, inferior alveolar injuries tend to be more common than lingual nerve injuries. These injuries also tend to be tolerated better than lingual nerve injuries. The reasons for this are not clear, but some hypothesize that it has something to do with the structural differences between these two nerves.
Tooth extraction is one of the main causes of lingual nerve injury and inferior alveolar injury. Typically, these injuries occur during extraction of the wisdom teeth. Both lingual nerve injury and inferior alveolar injury can also occur during injections of local anesthetic administered during the dental procedure. A lingual nerve injury may end in pain to the mucosa on the side of the teeth close to the tongue. The pain is usually a burning kind of pain, or a dull throbbing pain. There may also be some numbness.
If you have suffered a nerve injury during a dental procedure, you should immediately consult a dental surgeon. As an Atlanta dental malpractice attorney, I’ve noticed that it can take time for a patient to realize that he has indeed suffered a nerve injury after the anesthesia wears off. Once you have been able to determine that you have indeed suffered an injury, it’s important to consult with a surgeon. Timely care and treatment is critical to the proper treatment of a dental nerve injury. Once you become aware that you may have such an injury, you must report the signs and symptoms that you are experiencing to a trained dental professional who is qualified to diagnose and treat nerve injuries (not all dentists are).
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Published on: October 29, 2010

Atlanta Car Accident Claims Can Be Substantial

by Robert J. Fleming

While the most serious injuries sustained in car wrecks usually involve brain damage, herniated discs and broken bones, whiplash can also be one of the most debilitating injuries in an auto accident. These injuries may require months of rest and physical therapy to treat. Every year, approximately 1 million people suffer soft tissue injuries in car wrecks. Many of these injuries are from rear-ender auto accidents. Others are commonly the result of t-bone crashes which usually occur at intersections at a high rate of speed

Simply put, these types of injuries occur because of trauma to the head, neck and spine. These injuries typically occur during a rear-ender accident, when a vehicle is struck from behind by another vehicle. In a situation like this, the person may be thrown ahead from impact, and this results in a sudden and violent snapping backward and forward of the neck. This snapping causes extreme trauma to the neck, back and spine muscles. Symptoms of whiplash injury may include headaches, shoulder pain, arm pain, neck pain, fatigue, dizziness, soreness in the neck, tenderness, and ringing in the ears. These are some of the most common injuries in accidents. However, whiplash injury may also be some of the most difficult to prove. That’s because there are no visible external signs of injury or wounds. In many cases, there may not even be any swelling in the neck area. Because of these unique presentations of injury, the types of Atlanta auto accidents present special issues in order for your lawyer to prove (1) that you sustained the injury in the auto wreck; and (2) that the injuries are severe enough to warrant bringing a lawsuit to recover for them.
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Published on: October 19, 2010

Atlanta Car Accident Claims Involving Shoulder Injuries

by Robert J. Fleming

Shoulder injuries are some of the most overlooked car accident-related injuries in Atlanta. These injuries typically occur in the soft tissues in the shoulder and neck, including the muscles, tendons and ligaments. A shoulder injury could also be linked to other neck injuries like whiplash that occur during an accident.

The most frequent shoulder injuries arising from car accidents include • Rotator cuff tears and injuries • Muscle tears • Shoulder dislocation
• Subluxation • Broken collarbone • Bursitis or information of the bursa sacs • Broken shoulder blade • Shoulder separation
Symptoms of shoulder injuries include pain that can range from sharp electric shock-like pain to dull throbbing pain and cramps. Injury to the nerves could also result in weakness. Nerve injury could also result in numbness, and loss of sensation. You may find a strange sensation that is very similar to having your arm fall asleep. Look out for changes in the color of the skin and a sensation of coolness in the hand or arm. There could also be swelling and deformity.
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