Georgia Injury Law Blog

Published on: October 25, 2011

Georgia Medical Malpractice Caps Affect Patient Rights to Compensation

A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.

Published on: October 24, 2011

Increased Truck Weight Limits in Georgia Could Increase Risk of Serious Injuries in Truck Accidents

by Robert N. Katz, Esq.

As more and more states in the country begin to experiment with increasing weight limits for trucks in order to improve trucking efficiency, trucking companies, truck safety groups and Atlanta truck accident attorneys are watching these developments with interest.From a safety point of view, there is nothing to recommend an increase in truck weight limits, no matter how much these increase efficiency. Truck accidents are some of the most dangerous and deadly accidents on our roadways. A significant portion of these accidents result in serious personal injury and wrongful death.

Several states have authorized higher truck weight limits, allowing an increase on the weight of 18- wheelers from 80,000 pounds to 97,000 pounds.Congress is also debating such increases in weight limits.Unfortunately, during a recession, calls for increases on truck weight limits have grown louder, because of the potential benefits to the trucking industry.

According to advocates for an increase in truck weight limits, such an increase will increase efficiency and productivity, lowering the number of trips needed for transportation of cargo.According to them, higher truck weight limits may also lead to lower strain and wear and tear on highways, and reduced maintenance and repair expenses.However, the number one factor behind the trucking industry’s support of increased truck weight limits is the fact that these are expected to save the trucking industry billions of dollars every year.

Published on: October 23, 2011

NHTSA Investing in In-Car Alcohol Detection Devices to Prevent DUI Accidents

by Robert N. Katz, Esq.

The threat of car accidents caused by drunk driving has declined over the past few years, but as Atlanta car accident attorneys, we know that intoxicated driving is still a major factor in auto accidents across the state. These accidents often result in severe personal injuries and wrongful death. Therefore, it is good to see that the National Highway Traffic Safety Administration is continuing to focus on minimizing the threat from intoxicated drivers.The agency is investing in the development of an in-car device that will help detect alcohol levels on a motorist.

The National Highway Traffic Safety Administration is investing $2.2 million in the development of the in-vehicle touch-based alcohol testing device.The agency, through the Driver Alcohol Detection System for Safety and the Automotive Coalition for Traffic Safety has invested in a company called TruTouch Technologies.This company says that it has developed the world’s first touch-based alcohol detection device that can be installed in vehicles.

The device can be used to detect alcohol on a motorist through infrared light.All that the motorist has to do is place his finger on the infrared sensor device, and the device detects alcohol levels within seconds.If the device finds that the alcohol content is beyond a specified limit, then it will disable the starter, preventing drivers from driving the car.What’s more, the device will prevent tampering with the system by recording the person’s biometric information, so that another person cannot use the device to cheat the system.

Published on: October 22, 2011

Dealing with Claims Adjusters at Insurance Companies after an Auto Accident in Georgia

by Robert N. Katz, Esq.

MSN Money has a few tips for persons involved in car accidents in Georgia.None of these tips are a surprise to Atlanta car accident lawyers, but many motorists fail to understand how doing the wrong things soon after an accident can damage their claim. Insurance companies have extremely experienced insurance adjusters who handle claims for personal injury and wrongful death. Unfortunately, a great deal of what impacts a claim for personal injury often occurs before the victim has counsel. It is during this timeframe that insurance adjusters have their greatest impact on the outcome of injury claims.

One of the first people that you will meet after an auto accident is the claims adjuster from the other driver’s insurance company or from your insurer.A claims adjuster’s job is to identify fraud in an auto accident claim.As Atlanta car accident lawyers, we often find claims adjusters trying to confuse an accident victim, by trying to get accident victims to settle as quickly as possible.Unfortunately, when a driver says or does the wrong thing after an accident, it can negatively impact the claim. In one recent case, an insurance adjuster was able to get a person with a serious spine injury to settle for an extremely small amount of money thereby eliminating his claim for future damages.

A claims adjuster may also try to fool you into comprising your claim by encouraging you to visit a “preferred repair shop. “ Often, these repair shops will underestimate the damage to your car or fail to have the vehicle properly repaired because they are endeavoring to lower the cost to the insurer. Each person who has been in an accident has a right to go to the repair shop of his or her choice.

Published on: October 21, 2011

CDC to Develop Guidelines for Managing Sports-Related Brain Injuries In Students

by Robert N. Katz, Esq.

Atlanta personal injury lawyers have been encouraged to note the increasing focus on mild traumatic brain injuries or concussions in student athletes.The Center for Disease Control and Prevention may soon develop guidelines to be used for the treatment of student-athletes with concussions. A number of lawsuits have arisen out of personal injuries and wrongful deaths which occur during a sports event or in practice. Our firm is currently involved in one such case. Unfortunately, contact sports, while entertaining to watch, can be life changing for the athletes.

According to New Jersey Sen. Robert Menendez and Rep. Bill Pascrell, the Centers For Disease Control And Prevention has agreed to develop nationwide guidelines to be used for the management of sports-related concussions in student-athletes.Both of these lawmakers had sponsored a bill that would have made adoption of such protocols mandatory for all states.However, that bill has stalled in the Senate.

Some states have adopted guidelines to be followed by schools, coaches and other interested parties, whenever students suffer from concussions during play.However, there are no national standards in place, and considering the kind of effects from repeated concussions that we’re seeing now in professional football players, it is extremely urgent that we develop suitable guidelines to manage such concussions in student-athletes too.

Published on: October 20, 2011

FMCSA to Release Bus Safety App as Part of Its Bus Accident Prevention Measures

by Robert N. Katz, Esq.

The Federal Motor Carrier Safety Administration has a new weapon in the fight against unsafe bus carriers that place passenger lives at risk of personal injury and wrongful death.The agency is planning to unveil a smartphone application that will allow passengers to determine the safety of a bus carrier before they buy a ticket for a trip. This type of transparency is essential for eliminating the “bad” bus carriers who cause most of the bus accidents. However, passengers should be warned that the information about their past records may be limited to due the limited nature of the enforcement personnel available to police the industry.

The Federal Motor Carrier Safety Administration will likely unveil the new application in the month of November.The announcement of the app was made on September 23 at a bus safety Summit in Washington DC.The summit, the Motor Coach Safety Summit looked at ways that the federal agency can help reduce the operation of unsafe carriers on our highways. The Motor Coach Safety Summit also considered new hours of service requirements for drivers of passenger buses. All of these changes are welcomed by bus accident lawyers, although they have been a long time in coming.

The app will allow a passenger to check the safety record of a particular bus carrier, before buying a ticket.This allows the passenger to access valuable information about the safety of the carrier.The app won’t just give passengers information about the safety of a bus carrier, but will also allow them to submit safety violations to the Federal Motor Carrier Safety Administration’s National Consumer Compliant Database.

Published on: October 19, 2011

Investigations into Fatal Georgia Tractor-Trailer Accident Continue

by Robert N. Katz, Esq.

Law enforcement officials are still continuing their investigation into a fatal truck accident near Interstate 85 that left a woman dead.The truck accident occurred over the weekend and involved a blue Kenworth tractor.The tractor struck the woman outside a restaurant.She suffered fatal injuries and died.Accordingly, a wrongful death action may arise out of the collision. However, since the driver of the tractor-trailer did not remain at the scene, such a claim would need to be asserted against the deceased’s uninsured motorist insurance carrier.

A bulletin by the Hart County Sheriff’s Office has a description of the driver of the 18-wheeler, who left the scene of the accident.There’s nothing to indicate that the driver of the tractor-trailer was aware of the accident, or that it resulted in a fatality.Local Hart County officials are asking any witnesses who saw the tractor to contact them immediately.Police are asking people to look out for a damaged trailer.

Being involved in a commercial truck or tractor trailer accident is one of the most terrifying experiences imaginable.It’s not just the size of these vehicles that makes them so intimidating.It’s also the bulk that these vehicles pack into their large frames that places smaller vehicles at serious risk when they are involved in accidents.Not surprisingly to many truck accident lawyers, in any accident involving 18- wheelers and smaller vehicles, it is the occupants of the smaller car who are most at risk for injuries or deaths.Even when motorists survive these accidents, they may suffer from debilitating injuries that require extensive hospitalization, surgery and long-term care.

Published on: October 18, 2011

Man Receives $48 million Award for Motrin Related Injury Lawsuit

by Robert N. Katz, Esq.

A man, who suffered severe skin rashes and blood blisters from the use of the painkiller Motrin, has been awarded $48 million for his injuries.The verdict came in California in a product liability lawsuit that has been closely watched by Atlanta personal injury lawyers. There are significant number of product liability claims arising out of ibuprofen pending in the United States. These cases include both serious personal injuries and wrongful death claims.

The plaintiff, a 22-year-old Southern California man says that he was 16 years old when he took Motrin for the treatment of aches and fever.That was in October 2005.What happened next was something he did not expect in his wildest dreams.His skin quickly erupted into lesions, and his mouth started filling up with blood blisters.

The man filed a lawsuit against McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson and the manufacturer of Motrin.According to the lawsuit, the drug, which is easily available over the counter, did not come with enough warning about side effects.

Published on: October 17, 2011

Bionic Leg That Allows Accident Amputees Greater Movement Soon to Be Commercially Available

by Robert N. Katz, Esq.

Car Accident victims in Georgia, who have suffered limb amputations, may soon be able to enjoy greater freedom of movement through a prosthetic limb that will soon be commercially available.The bionic leg is manufactured by a Massachusetts-based company called iWalk.Until now, the device was only available to members of the military, but will soon be available to civilians through providers across the country. Given the serious consequences of this type of personal injury, the use of this new technology is very welcome.

This prosthetic device boasts of an advanced design that uses robotics to imitate the muscles and tendons of the human foot, including the Achilles’ tendon and heel.Veterans of the US military, who have been injured during combat in Iraq and Afghanistan, have had access to these bionic legs for a while now.The US military has invested in developing more advanced and scientifically-proven prosthetic devices that can mimic the natural movement of the human limb.Amputations of limbs are some of the most frequent injuries among veterans, and in fact, according to recent reports, the number of such amputations involving veterans has actually increased.

Earlier prosthetic limbs were cumbersome and provided limited mobility. This prosthetic device is advanced enough to allow wearers to climb stairs, and walk up and down slopes with ease.With earlier devices, such movements were not possible.Veterans who have been fitted with this bionic leg have found that it is close to the actual working of the human foot.

Published on: October 16, 2011

Automakers Must Get More Responsible about Removing Distracted Driving Accident Risks

by Robert N. Katz, Esq.

Even as automakers try to add their voice to the anti-distracted driving chorus, Atlanta car accident lawyers find that they continue to outfit their automobiles with increasingly distracting gadgets.These type of gadgets greatly increase the likelihood of auto accidents involving serious personal injuries and wrongful death.

A case in point is Ford Motor Company.The company has been conducting a lot of anti-distracted driving workshops at high schools across the country, including in Georgia. Ford has been sponsoring clinics at several high schools urging students to switch off cell phones and texting devices while driving, and focus on the road.These efforts come as part of the Driving Skills for Life Program which the company promotes.

All these are wonderful initiatives, but it would help if Ford Motor Company actually walked the walk by removing such distractions from its automobiles.Just one look at Ford’s Sync voice-activated system on several of the company’s automobiles should make it clear that the automaker doesn’t necessarily have its money where its mouth is.