Georgia Injury Law Blog

Published on: July 27, 2012

Claims Software Allows Insurers to Lowball Accident Victims

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: June 27, 2012

OSHA Inspections Reduce Workers’ Compensation Claims, Increase Company Profits

by Robert N. Katz, Esq.

The presence of inspectors from the Occupational Safety and Health Administration at the doorstep is usually a cause for alarm for most Georgia employers.However, that may not be necessary. According to a new analysis, regular inspections by the Occupational Safety and Health Administration helps employers reduce their workers’ compensation claim costs, and may actually improve their bottom lines.

The research was co-authored by professors from Harvard Business School and the Haas School of Business at the University of California-Berkeley and Boston University. The researchers examined a number of workplace safety inspections that were conducted by the California branch of the Occupational Safety and Health Administration, and focused on the impact of these inspections on workers’ compensation claims and costs.

The study, titled Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss, found that when the Occupational Safety and Health Administration conducted safety inspections, it actually reduced the number of injuries that occurred in the workplace.Obviously, a reduced number of injuries also led to a reduced cost of workers’ compensation claims.

Published on: May 29, 2012

Georgia Parents Can Help Prevent Teen Car Accidents

by Robert N. Katz, Esq.

Under Georgia law, several restrictions are placed on teenage drivers. This is done to help reduce the risk of accidents due to inexperience or high risk behavior. A new study indicates to our Atlanta car accident attorneys exactly how important it is for parents to be involved in preventing accidents involving their teenage children.

The study, conducted by the AAA Foundation for Traffic Safety, found that a teenage motorist’s risk of being killed in an accident increases proportionately to the number of young passengers he has in his car. That finding isn’t unexpected, but the study does confirm some frightening facts about teen driver safety.

According to the survey, a teenager’s risk of being killed in an accident increases by 44% when he is traveling with one passenger below the age of 21. That is a staggering increase in risk, and should come as an eye-opener to many parents of teens. Further, when the teenager is traveling with two passengers under 21, his risk doubles, and when he is traveling with three or more passengers under 21, the risk of an accident increases by four times.

Published on: May 8, 2012

Up to a Quarter of All American Adults May Be at Risk of Drowsy Driving Car Accidents

by Robert N. Katz, Esq.

A new study indicates that lack of sleep and insomnia are huge health problems among American adults. According to the study which has been published in the medical journal The Lancet, as many as a quarter of all adults are not happy with the amount of sleep they get each night. In fact, approximately 10% of adults meet the criteria for full-fledged insomnia. The Atlanta car accident lawyers at our firm unfortunately see far too many serious vehicle accidents due to drowsy or distracted driving.

Researchers based their study on an analysis of previous scientific databases, and findings from major studies conducted on sleep over the past 5 years. They found several factors that indicated we need to increase awareness about the widespread nature of insomnia, and spotlight the consequences of insomnia.

Insomnia is associated with a number of health disorders. According to a report published in 2002, persons who suffer from insomnia are about twice as likely to suffer from congestive heart failure compared to persons who have healthy and normal sleep patterns. Additionally, these persons will be approximately 5 times as likely to suffer from depression or anxiety-related disorders. Persons who suffer from insomnia, according to the researchers, may also be at a high risk for substance abuse, and psychological disorders.

Published on: May 7, 2012

Most Animal-Related Car Accident Injuries Caused by Evasive Maneuvers

by Robert N. Katz, Esq.

Most injuries that occur when an automobile is on a collision path with an animal on the road happen not when the car hits the animal, but when the car crashes following the near-collision or impact with the animal. Therefore, how a driver reacts when he is faced with a stray animal on the road is extremely important in determining the probably of a Georgia car accident.

The Washington Post spoke to a number of highway safety troopers around the country and came up with the following conclusions. When it comes to avoiding animal-related collisions, swerving may be much more dangerous than hitting an animal. Many troopers urge motorists to avoid sudden evasive maneuvers if you’re not able to check for traffic beforehand. If you can make a safe lane change, do so. However, avoid swerving if you are unable to check your mirror and check for traffic.

If the animal is shorter than the hood of your car, and you have no time to change your lanes, then it is probably advisable to hit the animal. If the animal is taller than the hood of the car, then it is advisable to avoid the animal if possible. Unfortunately, very often when drivers are faced with a situation like this, they panic and make the wrong decision, which can lead to a single or multiple car accident.

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: March 22, 2012

Nursing Home Resident Killed in Fight, Nursing Home Abuse Lawsuit Likely

by Robert N. Katz, Esq.

A state report blames a nursing home that failed to supervise two residents who had a history of altercations with each other, for a fatal fight that killed one of the residents.Unfortunately, nursing home abuse situations often arise due to inadequate supervision of residents and/or inadequate training of staff to evaluate the potential for resident-on-resident attacks. As nursing home abuse attorneys know, these attacks can often turn deadly.

Atlanta nursing home abuse lawyers have known for a long while that Georgia struggles with providing a safe environment for nursing home residents.In 2002, a report by the American Medical Association found that nursing home abuse problems in Georgia were at crisis levels.In fact, during this period of time, nursing home abuse claims in the state rose not just in frequency, but also in the severity of injuries involved.

Often, elder abuse in nursing homes can be traced to a shortage of staff.Many nursing facilities deal with low reimbursement rates by cutting back on staff numbers, and therefore, eroding the quality of care.As a result, there are fewer numbers of staff members to pay individual attention to senior residents, many of who are in delicate health.

Published on: February 7, 2012

FDA’s Poor Oversight of Disposable Wipes Makers Poses Safety Risk to Consumers – Product Liability Claims Likely

by Robert N. Katz, Esq.

The Food and Drug Administration has failed in its responsibility to maintain oversight over companies that manufacture disposable wipes.As a result, sanitation and hygiene standards at these facilities have dropped, and the result has been several fatalities and infections across the country caused by contaminated wipes.An investigation by the Milwaukee-Wisconsin Journal Sentinel found poor hygiene standards at a facility operated by yet another Wisconsin-based company that manufactures wipes.

Product liability claims are likely from any serious infection or wrongful death which arises due these wipes. A personal injury arising out of a serious infection often results in long-term hospitalization and continuing issues for the individual. Product liability claims which arise out of the improper manufacturing of a product can be very difficult to prove. However, personal injury lawyers have developed a variety of techniques of attacking these types of cases. The work of government agencies is often an important component in establishing civil liability in these matters.

That company, Rockline Industries manufactures baby wipes and other wipes that are used in hospitals and homes.According to the investigation, at least 5 years ago, employees of the company acting as whistleblowers wrote a letter to the Food and Drug Administration warning that thousands of contaminated wipes were being manufactured at the company’s Arkansas facility.The whistleblowers alleged that the company was aware of the contamination of these wipes, but failed to take action, and continued to ship these wipes across the country.

Published on: February 6, 2012

Company Recalls Dining Tables Due to Personal Injury Risks

by Robert N. Katz, Esq.

A California-based company and the Consumer Product Safety Commission are announcing a recall of dining tables, because of the risk that the tables could collapse, injuring consumers. As any personal injury attorney who has handled a collapsing table or chair case can attest, the injuries from this type of incident are more significant than they may first appear. For instance, consider the possibility of a small child sitting at a table that collapses. The weight of the table could easily seriously injure or kill the child.

For adults, the risk of a collapsing table relates more to a leg or knee injury. If the heavy wooden table were to collapse on an individual’s knee, then there is a significant potential for a knee replacement surgery. It is good that the company has taken the issue seriously and is recalling the tables. They will very likely avoid a number of product liability claims.

The table, the Dover Dining Table is manufactured in China and imported by West Elm, a division of Williams-Sonoma of San Francisco, California.According to the Consumer Product Safety Commission, West Elm is recalling approximately 830 dining tables in the United States.In Canada, 10 tables are being recalled.The recall is linked to a potential defect that could cause the wooden base of the table to collapse.This can cause the glass top to fall, posing serious injury hazards to consumers seated at the table.