Personal Injury

Published on: October 1, 2012

GHSA Takes Tough Positions on Distracted and Drugged Driving

The Governors Highway Safety Association (GHSA) recently adopted expansions of its policies related to distracted driving and drugged driving.These are 2 factors that are cited in thousands of fatal and injury-causing car accidents that occur in the metro Atlanta region every year. We have continued to see an increase in drunk driving accidents in our office, and believe a tougher stand on this problem is necessary to protect Atlanta drivers and passengers.

The GHSA is calling for a complete ban on the use of handheld cell phones while driving across all states.Just a few states have complete bans on hand-held cell phones while driving, while more than 35 states, including Georgia, have banned texting while driving.

The Governors Highway Safety Association earlier supported only bans on text messaging while driving, and bans on the use of electronic devices by both novice drivers as well as school bus drivers.This is the first time that the GHSA has voiced its complete support for bans on handheld cell phone.

Published on: September 25, 2012

Georgia DOT’s Plans to Raise Speed Limits Could Increase Accident Risks

by Robert N. Katz, Esq.

A number of states around the country have experimented with an increase in speed limits on some of their freeways and highways.Earlier this month, Texas had the dubious distinction of becoming home to the road with the highest speed limit in the country, with one stretch now having a speed limit of 85 mph limit.In Georgia, similar plans are being discussed that would raise our speed limit.

However, Atlanta car accident lawyers would warn against any rush to increase speed limits on roadways, without carefully analyzing the possible effects on motorist safety and the increased risk of accidents.

In Georgia, the Department Of Transportation is currently experimenting with increasing the speed limit on I-285 from 55 mph to 65 mph.Those 65 mph speed limits are fairly reasonable, when considering that the current highest speed limit in Georgia is 70 mph.While motorists in Georgia may complain that the speed limits in the state are far too low, the fact is that very often, motorists decide to drive at least 10 mph above the posted speed limit.So when you have a speed limit of 70 mph, you’re likely to have many motorists traveling at 80 mph.

Published on: August 23, 2012

Seatbelt Reminders for Back Seats Could Help Reduce Injuries, Fatalities

by Robert N. Katz, Esq.

If a proposal by the National Highway Traffic Safety Administration (NHTSA) to mandate seatbelt alerts for rear seat passengers is approved and goes into effect, it could mean a much lower risk of injuries to passengers in the back seat.

Rear seat passengers have much lower rates of seatbelt usage compared to drivers and front seat passengers.Nationally, only 74% of backseat passengers buckle up all the time, compared to seat belt usage rates of 83% for front seat passengers. Our Atlanta car accident attorneys agree that higher rear seatbelt usage would help prevent some of the most serious injuries.

The proposal would require that alerts and warnings that are currently in place for motorists and front seat passengers who have not yet buckled up after the car has been put into operation, are also included for rear seat belt passengers.The typically include a chime or beep that continues to sound until the seatbelt it engaged.

Published on: July 27, 2012

Claims Software Allows Insurers to Lowball Accident Victims

by Robert N. Katz, Esq.

A recent report by the Consumer Federation of America shows that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to ‘lowball’ consumers.These software programs include the CSC Colossus package which allows insurers to manipulate claims payments.The software can be used to reclassify injuries as less than serious, compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures.However, as this report indicates, the claims processing software may have more useful benefits than merely efficiency.The report concludes that the claims processing software has allowed many insurance companies to increase profits by lowballing consumers, and reducing the amount that is actually paid to consumers who file injury claims.

Published on: July 24, 2012

Research Indicates Motorcycle Helmets Reduce Risk of Facial Injuries

by Robert N. Katz, Esq.

It is widely accepted that motorcycle helmets don’t just reduce your risk of dying in an accident, but also reduce the risk of serious or life threatening brain injuries.New research, however, now indicates that helmets may also have other benefits.They dramatically reduce the risk of suffering serious injuries to the face.

What’s more, it’s believed that motorcycle helmets do not need a face shield in order to reduce the risk of facial injuries.Even motorcycle helmets without shields, the researchers believe, can afford greater protection to the face.

The researchers studied data that came from the National Trauma Data Bank.The data involved approximately 46,000 motorcyclists who were involved in accidents, and suffered injuries that were serious enough for them to be taken to the hospital.Approximately 75% of all the motorcyclists in the study were wearing helmets at the time of the accident.The researchers found that motorcyclists who were wearing helmets had a 60% reduced chance of suffering facial injuries to the nose, jaws and other parts of the face, compared to motorcyclists who were not wearing a helmet.

Published on: April 26, 2012

Risk of Infections from Bacterial Contamination of Pharmacy Robots — Medical Malpractice Claims Likely

by Robert N. Katz, Esq.

An increasing number of hospitals around the country are making use of robotic drug dispensers that can prepare intravenous medications to be administered to patients, in a sterile environment.You don’t have to be an Atlanta medical malpractice attorney to know that when there is a risk of contamination of the intravenous medication, a patient could be at a high risk of infections.Contamination is exactly what researchers found when they inspected one of these robotic drug dispensers at a hospital.

The contamination was found by chance during a routine screening at Wake Forest Baptist Medical Center in North Carolina.Hospital staff were conducting an inspection of the robotic drug dispensing machine, and found to their shock that there were cultures of Bacillus cereus bacteria in the dispenser. The researchers believe that is the very first time that there has been a known contamination of these robotic drug dispensers.

Fortunately, the researchers were able to conduct an inspection, based on quality assurance measures that were developed by the manufacturer of the robot.The contamination was found before it resulted in dangerous infections.Atlanta medical malpractice attorneysknow just how serious any infections caused by the Bacillus cereus organisms can be.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Published on: January 24, 2012

Distracted Medical Professionals Are a Patient Safety Risk and result in Medical Malpractice Claims

by Robert N. Katz, Esq.

Doctors and nurses now have access to smart phones and other gadgets that help them in their work.Doctors can refer to smart phones to easily access the Internet, or access patient data.However, the increasing use of electronic communication devices in hospitals has also meant an increasing number of distractions that could possibly harm patients. A significant number of medical malpractice claims arise out of a failure of medical professionals to closely monitor a patient’s condition. All medical malpractice attorneys have seen incidents in which a doctor who is very competent misses a change in a patient’s condition that, while easily addressed if caught early, results in catastrophic problems when left unchecked. It appears clear now that some of the incidents are likely the result of distractions caused by electronic devices.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether.Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices.However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety.These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses.

In one incident, a nurse was found researching airline fares during a spinal surgery procedure.Doctors have also been found using their cell phones to have personal conversations while performing procedures.Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors.The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors.Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks.

Published on: January 13, 2012

Columbus Toddler Recovering after Dog Bite Attack

by Robert N. Katz, Esq.

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother.She saw the dog behind a fence, and wanted to play with it.By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog.The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp.

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp.She needed several skin grafts.She’s also expected to require more surgery to sew more skin back on.Police don’t expect to file any charges at this point.The dog has been taken into animal control’s custody.

Published on: January 4, 2012

Lack of Transparency in Georgia Hospital Safety Records Concerns Medical Malpractice Lawyers

by Robert N. Katz, Esq.

While other states around the country have ushered in an era of transparency in hospital safety information, making important safety records easily available to the public, the state of Georgia has lagged behind.The state has strict restrictions on public accessibility to information on aspects of patient safety that include patient suicides, sexual assaults that occur in a hospital and surgical errors.There is very limited access to such information.

The Atlanta Journal-Constitution is using the case of twenty-seven-year-old Matthew Reese to illustrate the point that Georgia’s hospitals need to be more forthcoming about offering information to the public.Reese died in September this year, committing suicide by hanging himself from a hospital bed sheet.He was a transsexual, and had been admitted to the SummitRidge Hospital in Lawrenceville.Friends say that he had been talking about taking his own life.Georgia State officials are expected to investigate whether mistakes made by SummitRidge Hospital contributed to Reese’s death.

However, Atlanta medical malpractice lawyers and patient safety groups will not be able to access the results of the inquiry or its conclusions.The atmosphere of secrecy that surrounds hospitals in Georgia is in marked contrast to that around the country.