Medical Malpractice

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Hospital beds pose preventable risk of entrapment, strangulation and death

Risks of strangulation death due to entrapment in hospital bed rails have been well known in the hospital, nursing home and home health care fields for for years.
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25 high margin medical procedures.

As an Atlanta lawyer handling mostly catastrophic truck wreck cases, I tend to view doctors more as friends than adversaries.  However, the opinions of some notwithstanding, they are as human as the rest of us.
The X-Ray Technicians blog recently posted a list of medical procedures with very high profit margins, suggesting that at least … Continue Reading

Isn’t it ironic? Tort reform campaign fizzles in rash of higher verdicts in conservative counties.

As a personal injury attorney in Atlanta, I was initially one of those who feared the worst when the Georgia legislature passed it omnibus tort reform legislation, Senate Bill 3, in 2005.   It was as if the political power structure had done everything it possibly could to kill victims of negligence — and the lawyers … Continue Reading

Anti-smoking drug Chantix banned for truck drivers

As a trial lawyer representing injury victims in trucking accident cases in Georgia, I’m always on the lookout for medications affecting driver alertness.  Another suspect medication has been added to the list.
The Federal Motor Carrier Safety Administration issued a warning Thursday on the anti-smoking drug Chantix, advising medical examiners "to not qualify anyone currently … Continue Reading

Atlanta trial judge holds medical malpractice damages cap unconstitutional

In case of failure to diagnose broken neck resulting in quadriplegia, Atlanta judge holds $350,000 cap on noneconomic damages in medical malpractice cases unconstitutional.
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ER malpractice claims are DOA in Georgia

Occasionally we get calls from potential clients who are interested in a possible malpractice suit based on alleged malpractice in a hospital emergency room. Even if the medical treatment appears to fall short of an appropriate standard of care, we have to explain to them that as a practical matter there is no case. The … Continue Reading

3 Georgia nursng homes on list of 54 worst in US

The U.S. Centers for Medicare and Medicaid Services has released a list of the nation’s 54 worst nursing homes.  Three in Georgia are on the list:

 Laurel Baye Healthcare of Lake Lanier, in Buford
 The Place at Augusta, in Augusta
 Shoreham at Marietta, in Marietta

Defense tactic of offering free representation to non-party witnesses in order to block access to those witnesses

Though I have not personally encountered it yet, there apparently has been a recent proliferation of a defense tactic of offering to represent witnesses at no charge in order to limit the plaintiff attorney’s access to the witnesses.  This may be particularly a problem in medical malpractice cases but it could occur in any type … Continue Reading

Doctors’ personal chitchat found not helpful

A study published yesterday in The Archives of Internal Medicine, reached the conclusion that doctors’ disclosures about themselves fail to either help patients or establish rapport with the patients. Rather, the study showed that many doctors waste patients’ time and lose their focus in office visits by interjecting irrelevant information about themselves. 
The researchers started … Continue Reading

Pharmaceutical industry payments to doctors linked to increased prescriptions of meds

Two articles in the May 9th  New York Times highlight a pattern of pharmaceutical industry payments of doctors being linked to dramatically increased prescriptions of questionable drugs.
First, one report indicates that pharmaceutical companies have paid hundreds of millions of dollars to doctors in return for prescribing anemia drugs, the safety and effectiveness of which the … Continue Reading