Georgia Injury Law Blog

Published on: September 1, 2011

Are Georgia Hospitals Safe?: Lack of Information and the Safety of Georgia Hospitals

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 30, 2011

Cobb County Police Looking for Motorcyclist in Fatal Car Accident

by Robert N. Katz, Esq.

Police in Cobb County are on the lookout for the driver of a Porsche involved in afatal motorcycle accident fatal motorcycle accident. The motorcyclist was riding a Kawasaki Vulcan motorcycle when he was struck by two vehicles on Interstate 75.According to police, a Porsche struck the motorcyclist, and then fled the scene of the auto accident.The motorcycle was then struck again by a Mazda that was following behind.

The victim, a thirty-one-year-old man from Norcross sustained serious injuries, and died. The driver of the Mazda has confirmed to police that the Porsche struck the motorcyclist before her car did.Police are now looking for a silver Porsche that is likely to have moderate damage. Unfortunately, as any personal injury attorney will tell you, some of the most devastating accidents occur with hit and run drivers. These drivers are often uninsured, drinking or on drugs.

A motorcycle accident can be a traumatic experience.These are some of the most serious accidents, and can end in fatalities, or serious injuries to motorcycle riders and passengers.Apart from a helmet, a motorcyclist has little protection against injuries.

Published on: August 25, 2011

ESC Systems Have Reduced Fatal Accidents by 18%

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration says that electronic stability control systemselectronic stability control systems have reduced car accident wrongful deaths by as much as 18%.The agency studied the effectiveness of these systems that are now popular on so many automobiles, in preventing fatal auto accidents.The researchers studied fatal car accident statistics between 1997 and 2009, to gauge the effectiveness of electronic stability control systems in preventing crashes.

These systems have become very popular, and are now available in a number of standard models.In 2005, less than 20% of automobiles came equipped with electronic stability control systems.Thanks to new legislation, automobiles from the 2012 model year onwards will have to come with electronic stability control systems as standard features. This is a change that personal injury lawyers advocated for many years.

Electronic stability control devices come with sensors that detect when a vehicle is beginning to flip over.When that happens, the system kicks into gear, adjusting breaking power to one or more wheels to allow the motorist to control the vehicle.Electronic stability control systems are designed to reduce the high number of car accident deaths every year that can be traced to rollovers.

Published on: August 24, 2011

Cobb County Uses School Bus Cameras to Catch Errant Drivers, Prevent Accidents

by Robert N. Katz, Esq.

School buses in Cobb County now come with video cameras that can capture vital information on motorists who fail to halt when a school bus is at a stop.Atlanta bus accident lawyers believe that it is important to have such measures in order to reduce the risk of accidents, especially now that school has begun.

Many accidents involving school children occur when school buses are at a bus stop.Under the law, drivers are required to halt when a school bus is at a stop.Earlier, when a bus driver found a motorist who violated this rule, he had to write down the tag number, the date and time of the incident and vehicle description and submit this information to authorities.However, a Georgia law that was amended this year allows bus drivers to use video recordings made of the errant motorists.

Now, a bus driver does not have to give a written statement that contains the tag number and other information.The footage from the video camera can be used to find the errant driver.This makes the job of bus drivers that much easier.The driver does not have to focus on writing down the tag number of the offending vehicle ,which can distract him from his duties.These digital cameras can record the tag numbers and other information of motorists who ignore the law. The initiative is the result of efforts by two people in memory of a five-year-old girl who was killed by a driver who failed to stop at a bus stop.

Published on: August 23, 2011

OSHA Cites Jackson Contractor in Fatal Trench Collapse: Workers’ Compensation Fails to Properly Compensate Family

by Robert N. Katz, Esq.

A Jackson-based contractor has been citedby the Occupational Safety and Health and Administration for several safety violations that led to a trench collapse in Cumming early this year which resulted in the wrongful death of a worker. Unfortunately, under the workers’ compensation act, the workers’ family is extremely limited in what it can recover due to this on-the-job accident. Despite efforts by workers’ compensation lawyers for years to improve the benefits for families of workers killed on-the-job, the workers’ compensation laws have simply not improved.

The company, 2-Brothers Enterprises Inc was cited for several willful and serious violations related to the trench collapse.The collapse occurred in February at a worksite in Cumming.In the trench was a twenty-year-old worker who was trapped by the falling soil.Emergency crews managed to extricate the worker, but he died from his injuries.

The Occupational Safety and Health Administration began an inspection after it found out about the cave-in.When OSHA inspectors arrived at the scene, they found that the trench had been excavated to install a sewer line.The trench was approximately 40 foot long and 9 feet deep.However, there were no safeguards in place for protecting workers inside the trench.The trench walls were vertical, and unstable.Large amounts of soil and dirt had simply been stacked on the edges of the trench.In fact, the collapse had been triggered by these mounds of dirt falling into the trench.

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 20, 2011

Metro Atlanta Region One of the Most Dangerous for Pedestrians

by Robert N. Katz, Esq.

A new report titled Dangerous by Designby Transportation for America has bad news for Atlanta pedestrians and accident lawyers here. The report places the Atlanta-Sandy Springs-Marietta region at number eleven on the list of the deadliest cities for pedestrians in the United States. In addition to wrongful deaths, pedestrian accidents often result in the most severe injuries of any type of accident.

For Atlanta pedestrian accident lawyers, a look at the list suggests that nothing much has changed since Transportation for America came out with its pedestrian safety report last year.The Atlanta region continues to be fraught with pedestrian accident risks, a situation that is only likely to get worse as more pedestrians choose to walk.

According to the list, the Atlanta-Sandy Springs-Marietta region had a Pedestrian Danger Index of 119.3.The Transportation for America researchers arrived at the Pedestrian Danger Index for each region by calculating the number of pedestrian accident deaths for the region, relative to the amount of actual walking being done in that area.The researchers accounted for the fact that regions that have more pedestrians are likely to see more numbers of pedestrian accidents.The Pedestrian Danger Index allowed the researchers to compare diverse regions with varying pedestrian safety factors.

Published on: August 17, 2011

Mexico Trucking-Trade Agreement Poses Safety Concerns

by Robert N. Katz, Esq.

A new agreement between the United States and Mexico would lift tariffs on US goods in Mexico, in return for allowing Mexican trucks to carry freight within the US.It’s a controversial agreement, and Atlanta truck accident lawyers are concerned about the trucking safety records of Mexican companies. Truck accidents often result in serious personal injuries and wrongful deaths.

The deal was announced last month by the Department of Transportation.Already trucking safety groups have raised questions about whether Mexican trucks will be able to meet safety standards in the United States.The Teamsters Union has already made clear its concerns about trucking safety.

However, the Department of Transportation says that there is no need to worry, and that Mexican drivers will be held to the same high standards that American drivers are.According to the agency, Mexican truck drivers will be put through drug and alcohol tests to make sure that there are no intoxicated drivers on the street.Besides, the Department of Transportation will also electronically monitor truck drivers through onboard recorders.These truckers will also be held to high emission safety standards.

Published on: August 16, 2011

Pregnant Women’s Exposure to Power Lines Increases Asthma Risks in Children

by Robert N. Katz, Esq.

Women who are exposed to power lines and other sources of magnetic fields are at a much higher risk of giving birth to children who develop asthma later.The results of a study which have just been published in the Archives Of Pediatrics and Adolescent Medicine, are very disconcerting. Although personal injury lawyershave been concerned about the issue of exposure to power lines, other studies have dismissed the issue.

The researchers used 801 pregnant women from Southern California in the study.These women were required to wear a monitoring device twenty-four hours a day.The device measured their exposure to magnetic fields.The women were required to wear the devices during the first and second trimester of pregnancy.The device measured magnetic exposure from a number of appliances, including vacuum cleaners and dryers.

After the women gave birth to their children, the researchers began to monitor the children over the next thirteen years.Over this thirteen-year period, the researchers found that 130 children developed asthma, most of them being diagnosed with asthma before they turned five.What’s more, the researchers found that each one milligaus increase in exposure to magnetic fields resulted in a 15 percent increase in asthma risks in children born to these women.

Published on: August 12, 2011

Mandatory Stability Control Systems Could Minimize Rollover Truck Accident Risks

by Robert N. Katz, Esq.

Mandatory stability control systems in all tractor-trailers, especially tanker trucks, could help prevent as many as 3,600 rollover accidents every year and save more than 100 lives in these accidents annually.It’s the reason why Atlanta truck accident lawyers have strongly called for such systems in all commercial trucks.The National Transportation Safety Board is calling on a number of federal agencies to work together to implement rollover accident prevention systems for commercial trucks and buses.

The National Transportation Safety Board’s concern over truck rollover accidents comes through in its report into a truck accident in Indianapolis in 2009.The accident which injured five people was ultimately blamed on a tanker truck careening out of control, and flipping over, setting off an explosion.The tanker truck had been loaded with 9,100 gallons of liquefied petroleum gas at the time.

Tanker trucks represent just 6% of the total number of trucks in the country, but account for more than 30% of all fatal truck rollover accidents.Tankers carry liquid cargo, and this cargo may be prone to shifting while in transport.This shift can cause a redistribution of weight, possibly causing the truck to flip over.Tanker trucks very often carry hazardous materials like gasoline, and so, the risks from a rollover accident do not end as soon as the truck flips over.In most of these cases, the hazardous material can leak, posing a serious risk of explosions, fires and toxic exposure.