Personal Injury

Published on: October 5, 2011

Killer’s Family Can Sue Georgia Psychiatrist for Medical Malpractice for Discontinuing Medication

In a groundbreaking ruling, the Georgia Supreme Court has ruled that the family of a man, who stabbed his mother to death, can proceed with a lawsuit against the psychiatrist who discontinued the man’s medications.It has long been the law in Georgia that third parties who suffer a personal injury or wrongful death due to a psychiatrist failing to properly treat a patient can recover damages. However, this case adds a new twist in that the family of the patient and the victim are the same. The decision is important because it now allows families most directly impacted by the conduct of a patient to retain a medical malpractice attorney and sue the psychiatrist.

The case involves Victor Bruscato, who was undergoing psychotic treatment by Derrick Johnson O’Brien.The doctor had placed Victor on antipsychotic medication, but decided to discontinue two of the most powerful medications when he became concerned that Bruscato was showing signs of another dangerous syndrome.

In August 2002, Bruscato attacked his mother with a battery charger, causing her severe head injuries and stabbing her seventy-two times.He was charged with murder, but was judged incompetent to stand trial.His father sued the psychiatrist for medical malpractice, alleging that the doctor’s negligence in discontinuing the medication had causes his son’s psychosis to get out of control.The psychiatrist refuted the allegations, saying that Bruscato’s family was not eligible to file a civil lawsuit in a crime that was committed by their own son.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: September 8, 2011

Insurance Companies Held to a New Standard on Health Insurance Premiums? Not Really. Car Accident Victims Likely to Suffer from Government Inaction

by Robert N. Katz, Esq.

Georgia’s Insurance Commissioner Ralph Hudgens is going to set insurance companies straight- well, he can try, but likely will not succeed.The piece from the national healthcare reform puzzle which requires insurance companies to justify rate increases will become effective on September 1, 2011.If this change helped to hold down rates, then persons injured in car accidents could better afford the premiums while they are out of work trying to recover. Unfortunately, if you are injured in an auto accident, you are likely to see your health insurance premiums continue to rise. This could be resolved once the new healthcare law’s mandatory provisions take effect. However, as Georgia personal injury attorneys have warned, if the healthcare law is declared unconstitutional thereby eliminating universal coverage, the problem with personal injury victims getting the treatment they need while unable to work will continue indefinitely.

The rate justification requirement forces insurers to publically post any rate increases over 10% and explain why the increase is reasonable.This 10% rule only applies to policies covering individuals and small businesses.All new double-digit rate filings will be submitted with much more documentation now. It is then left to the state to decide if the increase is reasonable based on health care costs and other factors.

We are relying on this new rate review process to save us from the big, bad insurance company, right?Unfortunately, Georgia law ties the hands of the insurance commissioner’s office by giving him no authority to reject rates submitted by the insurers.The insurance commissioner’s office “enforces and regulates laws enacted by the state legislature under Title 33 of the Official Code of Georgia.”In other words, Georgians will have to rely on unreasonable rate hikes to be handled by the federal government.

Published on: September 2, 2011

Helmets Can Help Prevent Injuries in Bicycle Accidents

by Robert N. Katz, Esq.

It’s one of the biggest pieces of advice that Atlanta bicycle accident attorneys would give to any bicyclist – always wear a helmet while riding.Lack of a bicycle helmet substantially increases a cyclist’s chance of a brain injury in a car accident. Unfortunately, we often see bicyclists on Atlanta streets riding without the most basic protection gear to protect against injuries in an accident.We have always wondered why a bicyclist, who is one of the most vulnerable people on the road, would leave himself or herself so open to the risk of injuries.A poll by the British Medical Journal answers some of our questions.

Thepoll results have been published in the British Medical Journal Blog, and show that the majority of people prefer not to have mandatory bicycle helmet laws because they discourage bicyclists.According to respondents, people should be encouraged to ride bicycles, and mandatory bicycle helmet laws do the opposite.They discourage people from taking to what is essentially a very healthy activity.

68% of the respondents in the poll were against mandatory bicycle helmet laws.Not only do they believe that this would discourage bicycling, but they also felt that there wasn’t enough evidence to show that wearing a bicycle helmet significantly protects a bicyclist from injury during an accident.They believe that bicyclists believe that mandatory bicycle helmets would discourage female bicyclists, typically some of the least likely to take to cycling..Additionally, mandating bicycle helmets for all would discourage bicycling in many people who’d otherwise be able to enjoy a cheap and affordable means of transportation.Overall, most of the respondents in the survey believe that mandatory bicycle helmet laws do not reduce bicycle accident-related injuries, but reduce bicyclist numbers.Some respondents even believe that mandatory bicycle helmet laws give the wrong impression that biking is a dangerous activity.

Published on: September 1, 2011

Are Georgia Hospitals Safe?: A Lack of Vital Information may be Compromising the Safety of Georgia Hospitals

by Robert N. Katz, Esq.

When we go to the hospital, we go to receive treatment and care, not to contract a possibly life threatening illness. However, the reality is that not only can a hospital be a place of healing, but it is also a hot bed for germs, illness, and infections. Because of this reality, more than half of the states require a public report to be made regarding the infections patients pick up while under to care of hospitals. This is necessary so that patients can make informed decisions about where to seek medical treatment and avoid the possibility of falling victim to medical malpractice. This is also necessary to insure that a state’s hospitals are all in suitable condition to treat patients, and are not threats to public health or safety.

However, as the Atlanta Journal Constitution highlights, in the state of Georgia, no such report is required to be made by hospitals. According to Holly Long, director of the Hospital Accountability Project at Georgia Watch, “This (requiring that hospitals provide reports regarding infection rates) should be something the state does for its consumers. [A hospital’s] infection rate should not be [its] dirty little secret.”

Although state law requires that Georgia hospitals notify public health officials when they have an outbreakof, or identify, the presence of serious infectious conditions such as tuberculosis, Georgia hospitals are not required to report the most common infections patients pick up while under treatment, despite the fact that some of these infections are life threatening.According to the Centers for Disease Control and Prevention, around 1 in 20 hospitalized patients will contract an infection while receiving care. Despite this fact, according to a recent article in the Atlanta Journal Constitution, it is not possible for public health officials or patients to identify which conditions or hospitals pose the greatest threat to Georgians.

Published on: August 22, 2011

Motorcycle Helmets Linked to Hearing Loss; Does this increase the number of motorcycle accidents?

by Robert N. Katz, Esq.

Motorcyclists wearing helmets may be at risk of hearing loss, not from the loud noise of their motorcycle engine, but from the sound of the wind cutting through the helmet.A new study indicates the need for greater research to produce safer helmets that don’t have any health effects. If there is truly a risk to a motorcyclist’s hearing, this would indicate a higher risk of motorcycle accidents due to the inability of the rider to hear approaching vehicles and horns. It would be helpful if a study was performed to determine if there was an increase in the number of accidents, injuries and wrongful deaths among riders with a hearing loss.

According to research by scientists at the University of Bath and Bath Spa University, wind can escape from just underneath the helmet, and can damage the eardrums.This sound can be strong enough to cause hearing loss.The study titled Aeroacoustic Sources of Motorcycle Helmet Noise finds that motorcyclists who wear helmets may be a risk of suffering hearing loss even when they ride at safe speeds.

The scientists in the study used mannequins, and re-created the levels of noise that a motorcyclist is exposed to while riding.They found one particular spot under the helmet which allows sound to travel to the eardrums.The researchers are calling for more studies into the differences in how motorcyclists perceive sound, in order to better understand what’s going on here.

Published on: August 11, 2011

Study Links Brain Injury to Enhanced Stroke Risk

by Robert N. Katz, Esq.

A new studypoints to an increased risk of suffering a stroke after a traumatic brain injury. The study found that persons who had suffered a brain injury have a ten-times higher risk of suffering a stroke during the first three months after injury. This means that anyone involved in a car accident, construction accident or any other trauma that results in a traumatic brain injury has a much higher likelihood of suffering a stroke.

The results of the study have been published in the online issue of Stroke: Journal of the American Heart Association, and confirms that a traumatic brain injury can increase the risk of suffering a stroke over five years.The researchers based their results on an analysis of data of about 23,000 patients from a Taiwanese database.All these persons had suffered a traumatic brain injury.These people were then compared to people with no history of brain injury.The researchers monitored their susceptibility to stoke over a period of 5 years.

The increase is the most dramatic during the first three months after the TBI.After one year, the stroke risk went down substantially, but it was still at least 4.6 times higher than among people who did not have a traumatic brain injury.After five years, the stroke risk was 2.3 times higher than among patients with no brain injury.

Published on: August 9, 2011

Progress in Treating Breathing Interruptions after Spinal Cord Injury Caused by Auto Accidents and Other Trauma

by Robert N. Katz, Esq.

Scientists have made progress in addressing a serious problem that often arises after a person has suffered a spinal cord injury in a car accident.Atlanta personal injury lawyers are happy to report that researchers have tested an experimental treatment to restore breathing function interrupted after a spinal injury.

Breathing interruptions are some of the most serious complications after a person suffers a serious spinal cord injury.However, a group of neuroscientists have used a nerve graft treatment to address this issue.The results of the study have been published in the journal Nature.The tests were conducted on lab rats with successful results, and if the treatment can be transferred to humans with similar results, then doctors will be able to eliminate one of the more serious problems that can arise immediately after a spinal cord injury.

In order to understand how the treatment works, it’s important to understand how a spinal cord injury affects breathing.Breathing functions are controlled by nerve cells, which, in turn, control specialized motor cells in the spinal cord.When the vertebrae are damaged at or above the C3, C-4 and C5 segments, it affects breathing.A person in a situation like this may need to be immediately placed on a ventilator.

Published on: August 7, 2011

Georgia’s New Booster Seat Laws Will Protect Children from Injuries in Car Accidents

by Robert N. Katz, Esq.

A new Georgia law that increases the age of children, who need to be safely restrained in booster seats from 6 to 8, went into effect on July 1.This law now increases the number of child passengers who are required to be restrained in booster seats, thereby protecting these children from fatal injuries in the event of a car accident.

Under the law, your six or seven-year-old will also be required to be strapped into a booster seat.The law will exempt any children from the booster seat rules if they measured at least 4 feet 9 inches tall.Other exemptions apply, but they are limited to vehicles without shoulder straps and for children who medically cannot be restrained in a booster seat.

Current car accident statistics from around the country underscore the need for the law.According to data by the National Highway Traffic Safety Administration, auto accidents are the number one cause of death for children between the age of three and fourteen.In 2009 alone, 909 children above the age of five, and ten children below the age of four were killed in Georgia accidents.

Published on: August 3, 2011

Father of Man Accused of Slaying his Mother may be Prohibited from Bringing Medical Malpractice Suit on behalf of His Son Pending Decision by the Georgia Supreme Court

by Robert N. Katz, Esq.

When an individual is the victim of medical negligence or medical malpractice, that person is normally afforded the opportunity to prove his case at trial. As a Georgia medical malpractice attorney, I believe this should be the case. However, Victor Bruscato and his father Vito, depending on what ruling the Georgia Supreme Court makes, may not be afforded this opportunity because of a long adhered to legal principle. On Monday, July 18, 2011, the Supreme Court of Georgia heard arguments regarding whether to allow a medical malpractice case, brought by the father of a Georgia man accused of killing his mother, go to trial.

The story began in 2001 when Victor Bruscato began seeing Dr. Derek Johnson O’Brien at O’Brien’s community health Center in Gwinnett, Georgia. At that time, Victor was taking anti-psychotic drugs to help him manage violent and sexual urges. However, in May of 2002, Dr. O’Brien took Victor off of tow of these powerful drugs. Dr. O’Brien’s reason for this was to determine if Victor was developing a dangerous syndrome possibly related to these drugs.

After being taken off of these medications, Victor complained of nightmares, and he also claimed that the devil was directing him to do bad things. Three months after being taken off of these two medications by Dr. O’Brien, Victor was suspected of violently slaying his mother, Lillian Lynn Bruscato. According to police, Victor smashed Mrs. Bruscato’s head in with a battery charger and stabbed her 72 times. Victor was eventually charged with the slaying, but he was found not competent to stand trial and was committed to a state mental institution.