Georgia Injury Law Blog

Atlanta Roofing Contractor Cited for Fall Hazards -- Workers' Comp Claims Likely

robertkatz@mindspring.com (Robert Katz) — Thu, 26 Jan 2012 05:31:21 -0500

A roofing company in Atlanta has been cited for failure to protect workers from fall hazards after an inspection by the Occupational Safety and Health Administration. One of the significant causes of workers’ compensation claims are fall hazards. Workers’ comp attorneys regularly see claims involving significant personal injury arising out of fall incidents. The inspection and action by OSHA will likely prevent serious injuries to the workers on this job site. The company, Midsouth Steel Inc. of Atlanta is likely to face penalties of more than $184,000.

Occupational Safety and Health Administration inspectors found fall hazards during inspection of roofing work being performed at a site on Roosevelt Highway in Union City. The company had been constructing a recycling facility in Union City. According to the Occupational Safety and Health Administration, the inspection was part of a local program to protect workers in the construction industry from fall accidents.

Inspectors found at least three willful violations, including exposure of the workers to fall hazards by allowing them to work at heights of 35 feet without requiring any fall protection, exceeding the load capacity of the aerial lift, and failure to provide for protection for all employees working on a steep roof.

According to the Occupational Safety and Health Administration, the company Midsouth Steel Inc. knowingly exposed workers to fall hazards because they were more concerned with getting the job done faster than safety considerations. The company has been placed in the agency’s Severe Violator Enforcement Program, which means that the agency is likely to conduct follow-up inspections of the company’s sites to make sure the company is complying with the law. The company faces fines of approximately $184,800.

Some of the most serious fall hazards that Atlanta workers’ compensation lawyers come across exist in the construction industry. Construction workers have some of the highest risks of fall accidents, and these hazards kill and injure hundreds of workers every year. Accidents can occur when workers are working on scaffolding, and have not been provided safe guardrails along all open sides and ends of the platforms. They can occur because scaffolding is not erected properly or is unstable. They can occur because workers have not been provided fall protection gear when they're working beyond a certain height. Workers who have not been trained to use fall protection gear effectively are more susceptible to fall accidents.

According to the Occupational Safety and Health Administration, an average of 362 fall accident deaths occurred every year between 1995 and 1999. Fall deaths account for approximately one third of all fatalities in the construction sector. The Occupational Safety and Health Administration has strict rules governing protections for construction workers, including those related to fall hazards.

Construction workers who have been injured in workplace accidents, including scaffolding collapses and accidents, trench collapses, electrocutions and fall accidents are eligible for compensation under Georgia's Workers Compensation laws. Workers do not have to prove that anybody was responsible for their injuries, in order to be eligible for workers’ compensation. However, if the injury was caused by a third-party, like the manufacturer of a defective tool or product, then the worker may be able to file a third-party lawsuit.

Distracted Medical Professionals Are a Patient Safety Risk and result in Medical Malpractice Claims

robertkatz@mindspring.com (Robert Katz) — Tue, 24 Jan 2012 05:44:04 -0500

Doctors and nurses now have access to smart phones and other gadgets that help them in their work. Doctors can refer to smart phones to easily access the Internet, or access patient data. However, the increasing use of electronic communication devices in hospitals has also meant an increasing number of distractions that could possibly harm patients. A significant number of medical malpractice claims arise out of a failure of medical professionals to closely monitor a patient’s condition. All medical malpractice attorneys have seen incidents in which a doctor who is very competent misses a change in a patient’s condition that, while easily addressed if caught early, results in catastrophic problems when left unchecked. It appears clear now that some of the incidents are likely the result of distractions caused by electronic devices.

According to this report, the risk of distractions from the use of electronic gadgets is so great that many hospitals have begun to limit their use altogether. Medical schools have also begun teaching students to focus on caring for patients, instead of relying on devices. However, the fact is that more and more medical students now are armed with devices that equip them with information that can increase patient safety. These measures have come after a number of incidents reported from around the country in which doctors, nurses, technicians and other personnel were found to be distracted using their devices for personal uses.

In one incident, a nurse was found researching airline fares during a spinal surgery procedure. Doctors have also been found using their cell phones to have personal conversations while performing procedures. Needless to say, none of this enhances patient safety, and actually increases the risks of medical errors. The Institute of Medicine in its path breaking report To Err Is Human in 1999, found that more than 90,000 patients die every year as a result of medical errors. Hospitals have been investing in reducing medical errors, and unfortunately, electronic gadgets seem to increase those risks.

It's not only doctors and nurses who are distracted by the use of gadgets like smart phones. One study found that close to half of all medical technicians in charge of bypass machines texted during procedures, while more than half of them talked on the cell phone during procedures. Cardiac procedures are incredibly complex and sophisticated procedures that need all personnel in the room to be focused 100%. Atlanta medical malpractice lawyers are therefore very concerned about the growing influence of cell phones, iPads, computers and other devices on concentration and attention in hospitals.

There's a fine line to draw here. There's no denying that the use of i-Pads, computers and smart phones helps increase access to patient information, and allows staff to conduct urgent research on the Internet. When computers are introduced into healthcare, it does lead to greater accuracy and reliability. However, there are also great risks when these devices are misused or abused by doctors and nurses. Hospitals that have invested in making electronic communication devices available to all medical personnel also need to invest in training these personnel to use these devices safely. There must be strict restrictions on the use of devices for personal uses inside the hospital.

The Atlanta medical malpractice lawyers at the Katz Law Firm represent persons who have been injured or families of persons who have been killed as a result of medical negligence in the metro Atlanta region and across Georgia.

Even As Car Accident Wrongful Deaths Drop, Increase in Pedestrian Wrongful Deaths

robertkatz@mindspring.com (Robert Katz) — Tue, 17 Jan 2012 09:21:28 -0500

In 2010, there was a record drop in auto accident deaths from the previous year. However, the number of people dying in pedestrian accidents actually increased.

Last year, 32,885 people died in auto accidents across the United States. That was a drop of 2.9% from 2009. These were the lowest traffic accident death numbers on record since 1949. These accident fatality numbers have declined even as the number of miles being driven by American motorists increased in 2010. In fact, there was a drop in almost all categories of car accident deaths last year, including drunk driving accidents.

However, pedestrians were not safer in 2010. Pedestrian accident deaths actually increased last year by about 4.2% from 2009. Further, the number of persons who suffered a personal injury in pedestrian accidents in the United States increased by a staggering 19 %. Overall, more than 70,000 pedestrians were injured in accidents last year. That increase is puzzling considering that it comes after 4 straight years of declining pedestrian accident death numbers in the US.

Federal transportation officials do not have any explanation for this increase in pedestrian accident fatality numbers. However, the data is still new, and we may have more answers in the months ahead. There are some theories about the reasons for this increase. According to Transportation for America, a pedestrian advocacy organization, there has been an increase in the number of people walking and biking to work in recent months. However, even though there has been an increase in the number of pedestrians, safety conditions have not really improved.

Most pedestrian safety concerns can be linked to poor road design that does not factor in the safety concerns of pedestrians. Many regions in the country have also experienced a movement of low-income groups and immigrants into suburban areas. This has meant an increase in the pedestrian population in suburban areas that have been primarily designed for automobiles.

There's also some speculation that an increase in pedestrian distractions is also contributing to increasing accident numbers. However, Atlanta pedestrian accident lawyers find that hard to believe. There seems to be little evidence to indicate that there has been any increase in pedestrian distractions, like cell phone use while walking.

Unfortunately, this particular area of traffic safety seems to suffer from a lack of research. There is very little solid data available about pedestrian and motorist behaviors as far as pedestrian safety is concerned. However, there are some details that are accepted as fact. For instance, drunk driving seems to be a major factor in pedestrian accidents. According to the National Highway Traffic Safety Administration, in 2009, approximately 40% of all pedestrian accident deaths in the country were caused by drunk drivers. Atlanta pedestrian accident attorneys expect safety initiatives in the months ahead to focus on both distracted driving and drunk driving involving both pedestrian and motorists.

The Atlanta pedestrian accident lawyers at the Katz Law Firm represent pedestrians who have been injured in accidents in the Atlanta region and across Georgia.

Winter Car Accident Risks Affect Male and Female Drivers Differently

robertkatz@mindspring.com (Robert Katz) — Mon, 16 Jan 2012 22:02:37 -0500

Every Atlanta car accident lawyer knows that a motorist’s risk of being involved in auto accidents spikes in winter driving conditions. However, a new study finds that those risks affect male and female drivers differently. The study by researchers at Purdue University finds that men are much more likely to be involved in accidents in icy or snowy weather conditions.

The study finds that men over the age of 45 are much more likely to be involved in an accident when the road is covered with ice or snow. Further, those accident risks involving men seem to increase when the men are older and are driving pickup trucks. According to the researchers, this could be due to a false sense of security that pickup trucks provide. People driving pickup trucks, sport utility vehicles or other larger vehicles are likely to feel safer and protected, and therefore, may be more likely to drive aggressively on snowy roads. They may not realize that a larger size vehicle does not necessary protect you more on icy roads when a vehicle is at a high risk of a rollover.

The study also finds that men below the age of 45 are more likely to be involved in serious accidents on dry roads. That would again be an indicator of overconfidence in young men. Female drivers were found to be much more likely to be involved in accidents on rain-covered roads. This susceptibility to accidents on roads made wet by rain affected female motorists of all age groups. According to the researchers, this could be because female drivers fail to sense lower friction on a wet road. Younger men had a 21% higher risk of being involved in a serious accident on a dry road than on a wet road. These men were 72% more likely to be involved in an accident on dry roads than on snowy roads.

The researchers are recommending a public service announcement campaign that would alert motorists to the dangers of driving on snowy or icy roads in the weeks ahead. Many motorists suffer from a false sense of security because of the electronic stability control systems in their automobiles. More vehicles now come with these safety systems. Automakers have done a great job of promoting the electronic stability control systems, a fact that Atlanta car accident lawyers have approved. After all, electronic stability control systems have contributed to a reduced risk of rollover accidents involving sports utility vehicles, pickup trucks and minivans. However, electronic stability control systems are not foolproof. They do have limited efficacy, especially when a vehicle is traveling on a road that has been made wet by rain, snow or ice. A person whose car comes with electronic stability control may feel safe, and may drive at high speeds causing an accident.

The Atlanta car accident lawyers at the Katz Law Firm represent persons who have been injured in car accidents in the metro Atlanta region and across Georgia.

Police Looking for Truck Driver Involved in Multivehicle DeKalb Truck Accident

robertkatz@mindspring.com (Robert Katz) — Sun, 15 Jan 2012 22:00:13 -0500

Police in DeKalb County are looking for the driver of a tractor-trailer believed to have triggered a multivehicle truck accident on interstate-285 that left two people dead.

The truck accident occurred on Tuesday when the tractor-trailer apparently hit a Ford Focus, which triggered off a multivehicle crash. The driver of the Focus crashed into a Toyota Camry. The tractor-trailer driver fled the scene of the accident. As a personal injury lawyer, I see far too many hit and run accidents. It is especially shocking that a truck driver who possesses a commercial driver’s license would flee an accident scene.

When the drivers of the Focus and the Toyota Camry got out of the car to check on the damage, they were both struck by an oncoming car. Both drivers sustained fatal injuries, and were declared dead at the scene. The driver of the last vehicle sustained injuries, and was rushed to the hospital. The wrongful death and personal injury suffered by these drivers was tragic and clearly preventable. Had the truck driver stopped his vehicle and immediately placed warning flares out, the other drivers may very well have not been killed on the interstate.

Police have now launched a hunt for the hit-and-run truck driver. They are likely to file charges against the driver of the tractor-trailer as soon as he is found.

When a commercial truck or a tractor-trailer is involved in an accident, the results are often multiple fatalities and catastrophic injuries. Fortunately, Georgia allows victims of tractor-trailer accidents to seek compensation from a number of parties responsible for the accident. Several parties can be named in an Atlanta truck accident claim. These include the truck driver, the owner of the truck, the trucking company and its insurance company.

Trucking companies have a responsibility to hire only responsible, safe and reliable drivers, and failure to do so can lead to liability if an untrained or inexperienced driver causes an accident. Additionally, trucking companies may be exposed to liability if they fail to maintain their trucks.

Maintenance companies and truck repair companies can also be named in a truck accident claim if the accident was caused by poor maintenance of the truck or shoddy repairs. If the truck accident was caused by defective vehicle parts, a truck accident claim can also include the truck manufacturer. Truck drivers can be held accountable in an accident involving rash driving, speeding, intoxicated driving, distracted driving or other behaviors resulting in an accident.

Victims, who have been injured in a truck accident in Atlanta, may be eligible for a number of damages, including medical expenses, pain and suffering, lost wages and future lost wages. Additionally, survivors of people who have been killed in a truck accident may be eligible for wrongful death damages. In a wrongful death claim, survivors may be eligible for funeral and burial expenses, lost financial support and other damages.

Filing a truck accident claim is different from filing an auto accident claim in Atlanta. In a truck accident claim, you can expect to be up against the trucking company, lawyers and insurers, all of who can be guaranteed to have experience in accident litigation. It's the reason why you need an experienced Atlanta truck accident lawyer on your side.

The Atlanta truck accident lawyers at the Katz Law Firm represent persons injured in truck and tractor trailer accidents in the metro Atlanta region and across Georgia.

Columbus Toddler Recovering after Dog Bite Attack

robertkatz@mindspring.com (Robert Katz) — Fri, 13 Jan 2012 21:28:22 -0500

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother. She saw the dog behind a fence, and wanted to play with it. By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog. The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp.

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp. She needed several skin grafts. She's also expected to require more surgery to sew more skin back on. Police don't expect to file any charges at this point. The dog has been taken into animal control’s custody.

Every year, approximately 4.7 million people suffer dog bites in the United States. Of these, one in six bites is serious enough to require hospitalization. Not surprisingly, children are the most frequent victims of dog bites in the US. Little children may lack an appreciation of the dangers that any animal can pose, and the result is often an attack that can leave a child traumatized, possibly for life.

A dog bite attack can last for just a few seconds, but can leave a child severely injured and traumatized. Most injuries leave victims with lacerations, abrasions, and puncture wounds. In a serious dog bite, a victim may have pieces of skin and scalp ripped off, or ears bitten off.

Treatment after a dog bite can mean not just emergency treatment, but also cosmetic surgeries. The most lasting injuries however, may not be physical, but emotional. A dog bite can be severely traumatic, and leave a victim with a lifelong fear of animals. Victims may suffer from post traumatic stress disorder. Post traumatic stress disorder or PTSD is a condition that develops after an individual has been faced with a life-threatening situation, like an accident, natural disaster or an animal attack. Victims of PTSD suffer from nightmares, difficulty in concentration, depression, flashbacks, stress and social withdrawal.

In fact, the extent of treatment that a person requires after a dog bite, may only be evident months after the attack when the severity of the damage becomes really clear. For instance, if the injuries have damaged any nerves, there may be permanent or debilitating injuries, or even disability. Such injuries impact a person's ability to earn a living, or return to his former job. A Georgia dog bite claim must take into account all these future complications. That's why it's necessary to have a doctor assess your physical condition and future medical complications before you file a claim.

The Atlanta dog bite lawyers at the Katz Law Firm represent persons who have been injured in dog bite attacks in the metro Atlanta region and across Georgia. If you have been injured in a dog bite, speak with an experienced dog bite lawyer at our firm.

Honda Recalls Motorcycles Due to Braking Problem - High risk of Motorcycle Accident

robertkatz@mindspring.com (Robert Katz) — Wed, 11 Jan 2012 21:13:09 -0500

Honda has announced a recall of more than 100,000 motorcycles because of a potential braking problem. As personal injury lawyers know well, braking problems with motorcycles significantly increases the risk of a motorcycle accident and serious personal injury. The National Highway Traffic Safety Administration which announced the recall, says that the recall covers the 2001-10 and 2012 GL1800 models of touring motorcycles marketed as GoldWings.

According to Honda, the problem lies with a potential rear brake issue - the rear brake may be at least partially applied even after it has been released. If the motorcyclist continues riding with a partially engaged brake, it may generate enough heat to cause a fire in the rear brakes. Also, when a motorcyclist rides with an engaged brake, it could increase the risks of an accident.

Honda informed the National Highway Traffic Safety Administration that it learned about the potential problem in July 2010. A Honda motorcycle user had just finished riding his motorcycle, when there was a small explosion a few minutes after he finished riding. He saw flames emerging from the rear brake area. There were no injuries in that incident, and the motorcyclist was able to use an extinguisher to put out the flames.

However, Honda took about 16 months to verify the existence of the problem, and to determine the appropriate course of action. In the United States alone, the company was aware of at least 26 similar complaints of rear brake problems, including dragging, and at least 2 fires. The recall is expected to commence in January. If you own a Honda motorcycle that has been included in the recall, you are advised to contact your dealer for details about repairs.

A motorcyclist involved in an accident may be at a higher risk of being injured or killed than motorists and occupants of cars involved in accidents. According to the data from the US Department of Transportation’s Fatality Analysis Reporting System, 4,281 motorcyclists were killed in accidents in 2009. Out of these, more than 1,900 accidents did not involve another vehicle.

Shoddy repairs, inadequate maintenance or defective parts in a motorcycle can increase the risks of an accident. Proper maintenance of the motorcycle is a major part of safety training for motorcyclists. Make sure that the motorcycle wheels are in perfect condition and safe to ride on. Your motorcycle tires are the only parts of your vehicle that are in direct contact with the road surface, and it's important to make sure that they can handle wear and tear.

Check for tire tread depth, and weathering. Look out for bulges and embedded objects in a motorcycle tire. Don't forget to check for motorcycle tire pressure. Look out for bent, broken or missing spokes in a wheel, and cracked and worn-out seals. Make sure the battery, headlamp, and lights are in perfect condition. Make sure that your turn signals are flashing correctly and that the mirrors are crack-free and clean.

The Atlanta motorcycle accident lawyersat the Katz Law Firm represent persons who have been injured in motorcycle accidents in the metro Atlanta region and across Georgia.

Georgia Troopers' Annual Click It or Ticket Campaign to Minimize Car Accident Injuries

robertkatz@mindspring.com (Robert Katz) — Mon, 09 Jan 2012 12:37:08 -0500

Georgia State Troopers have kicked off their annual seatbelt enforcement campaign during the holiday season, aimed at making sure that motorists and children are safely restrained in their vehicles to prevent a personal injury in auto accidents. The campaign coincided with the start of the year's biggest and most accident-prone holiday season.

One of the most frequent questions asked of personal injury lawyers is whether there is an increase in car accidents at any particular time of year. Well, the calls for help to attorneys certainly increase at holiday time. Over the holidays, more Americans travel than at any other time of the year. Largenumbers of motorists drove across Georgia to spend Thanksgiving with their families. Over the following few weeks, holiday traffic increased as people rush to stores to buy gifts, leading to a culmination of holiday travel plans between Christmas and New Years’.

Not only were there more motorists on the roads over the holiday season than during any other time, but many of them were in less than perfect condition for driving. The numbers of intoxicated motorists spikes around Christmas, reaching a peak during New Year's. Additionally, most holiday drivers are less patient, and in a hurry. Besides, holiday shoppers are less focused on safety, and more focused on finding a parking spot. All of these factors severely increase the risk of car accidents.

Wearing a seat belt is one of the most basic steps that motorists can take to keep themselves safe in an accident. It's not just front passengers and motorists who need to be safely restrained in seat belts, but also back seat passengers and all children in the car. Atlanta car accident attorneys often note that backseat passengers tend to skip wearing seat belts altogether because of a false sense of security.

Several states require front and backseat passengers to buckle up while driving. However, Georgia only requires motorists above the age of eighteen who are sitting in the front passenger seat or the driver’s seat to buckle up while driving. Under Georgia's laws, children must be restrained in child safety seats or booster seats. Atlanta car accident lawyers would advise all occupants of a car to buckle up this holiday season. Additionally, children must be restrained safely, depending on their age and weight.

The Click It or Ticket campaign has been hugely successful nationwide in increasing seat belt usage rates. In Georgia, the campaign went through November 27. The campaign coincided with similar campaigns around the country.

Another advantage of the Click It or Ticket campaign is that during law enforcement activities, officers very often come across intoxicated or otherwise impaired drivers. Frequently, motorists who are pulled over by police officers are found to be driving with a suspended license, expired vehicle registrations or driving at high speeds. Therefore, the campaign helps crack down on other forms of undesirable behavior that increase the risks of an auto accident.

The Atlanta car accident lawyers at the Katz Law Firm represent persons injured in automobile and car accidents in the metro Atlanta region and across Georgia.

Family of Student Who Committed Suicide Settles Wrongful Death Lawsuit against Virginia Tech

robertkatz@mindspring.com (Robert Katz) — Thu, 05 Jan 2012 09:06:21 -0500

The family of a Virginia Tech student who committed suicide has reached a settlement of a wrongful death lawsuit against the university. The state of Virginia has agreed to settle the lawsuit by paying $200,000 to the family of Daniel Sun Kim. The state will also establish a scholarship fund of $100,000 in his name. The settlement includes more than $100,000 in attorney fees. The family had initially claimed $4 million in their wrongful death lawsuit.

Additionally, Virginia Tech will also place a memorial plaque honoring Daniel Sun Kim somewhere on campus. The university will also enact a policy that will require that parents and guardians of students who are considered to be suicidal, be informed of this. As part of the settlement, the University does not admit any wrongdoing in Kim's death.

As a wrongful death attorney, I recognize that the amount is not substantial relative to the loss suffered by the family. It is likely the family decided that the non-monetary portion of the settlement (ie: change in policy, scholarship fund and plaque honoring their son) allowed for a more appropriate conclusion of the case. I very much respect and applaud their decision. The change in the policy of the university will likely save lives of students in the future. It is unfortunate that the university did not choose to also provide the family with a more appropriate level of financial compensation for their loss rather than only implementing a policy that should have already been in effect for the safety of their students.

On December 9, 2007, Daniel Sun Kim committed suicide by shooting himself sitting in his car in a parking lot. There were visible signs before his suicide that should have alerted University officials about potential trouble. According to fellow students, he was apparently distraught over talk that he resembled Seung-Hui Cho, the Virginia Tech student who was involved in a rampage in 2007 at Virginia Tech. Cho killed 32 students, and left several injured.

Soon, Kim began making threats to commit suicide. Some of those threats were made in e-mails and online messages to a friend called Shaun Pribush. He emailed university officials to inform them that Kim had threatened to commit suicide, and had recently acquired a gun. Virginia Tech officials as well as local police searched the university for the Daniel Sun Kim mentioned in the email, and finally found him. However, Kim denied that he had any friend named Shaun Pribush. He flatly denied that he was suicidal.

The assistant director of psychiatry services at the university’s counseling center did recommend that Kim be invited for a meeting to discuss the situation. That meeting was never held, and the case was officially closed in November 2007. Barely a month later, Kim was dead.

In 2009, his family filed a lawsuit against Virginia Tech, demanding to know why the university did not follow its own protocols and respond to warnings that their son had been suicidal. They were never notified about the friend’s e-mail to university officials, and were never given any information about the university's investigation of their son and his suicide plans.

This is one of at least 3 high-profile cases involving students who died violent deaths at Virginia Tech. There are at least 2 wrongful death lawsuits that claim $10 million each, filed by parents of women who were killed in the Virginia Tech attacks of April 6, 2007.

The Georgia wrongful death lawyers at the Katz Law Firm represent families of persons who have been killed due to the negligence of others, helping them recover compensation for their losses. If you have lost a loved one due to the negligence of others, speak with a Georgia wrongful death attorney at our law firm.

Lack of Transparency in Georgia Hospital Safety Records Concerns Medical Malpractice Lawyers

robertkatz@mindspring.com (Robert Katz) — Wed, 04 Jan 2012 08:51:58 -0500

While other states around the country have ushered in an era of transparency in hospital safety information, making important safety records easily available to the public, the state of Georgia has lagged behind. The state has strict restrictions on public accessibility to information on aspects of patient safety that include patient suicides, sexual assaults that occur in a hospital and surgical errors. There is very limited access to such information.

The Atlanta Journal-Constitution is using the case of twenty-seven-year-old Matthew Reese to illustrate the point that Georgia's hospitals need to be more forthcoming about offering information to the public. Reese died in September this year, committing suicide by hanging himself from a hospital bed sheet. He was a transsexual, and had been admitted to the SummitRidge Hospital in Lawrenceville. Friends say that he had been talking about taking his own life. Georgia State officials are expected to investigate whether mistakes made by SummitRidge Hospital contributed to Reese's death.

However, Atlanta medical malpractice lawyers and patient safety groups will not be able to access the results of the inquiry or its conclusions. The atmosphere of secrecy that surrounds hospitals in Georgia is in marked contrast to that around the country.

Hospitals elsewhere have become more open, allowing access to safety information. However, Georgia does not allow public review of reports submitted by a hospital following any safety incidents. Georgia public health authorities do not provide information when they investigate a facility after violations have been reported. Details about wrongdoing by a facility, as well as details of investigations that Georgia health authorities conduct, are not available to the public.

The result is that consumers have very little information available to them when they need to make a decision about a particular hospital. Around the country, consumers have become more empowered, and can easily access hospital safety information on a website, before they make a decision about a particular hospital. In Georgia, however, patients still have no access to such empowering information, and may have no information about whether the hospital has been cited for safety violations or has been investigated for violations.

Not surprisingly, hospitals contend that making safety records available for the public would do more harm than good. They believe that when these facilities are encouraged to report mistakes and make records available to the public, it discourages medical professionals from accepting or reporting errors. Georgia health authorities support this point of view.

Atlanta medical malpractice lawyers don't believe that's true at all. Hospitals around the country have adopted a more open approach to the availability of hospital safety records to the public, and have tightened their safety processes in response to violations. Hospitals have successfully promoted a culture where medical professionals are not punished for reporting errors, thereby enhancing patient safety. Georgia needs to follow suit.

The Atlanta medical malpractice attorneys at the Katz Law Firm represent persons who have been injured due to medical negligence across Georgia.

Georgia Researchers Investigate Stem Cell Treatment of Cerebral Palsy

robertkatz@mindspring.com (Robert Katz) — Mon, 02 Jan 2012 10:33:32 -0500

Researchers at Georgia Health Sciences University are conducting the country's first-ever tests on the use of stem cells to treat cerebral palsy. The researchers will be using stem cells from newborns’ cord blood to treat this condition.

Cerebral palsy is a condition that usually arises when an infant has been deprived of oxygen before or immediately after delivery. Atlanta medical malpractice lawyers often find that this condition is the result of wrong medical decisions during delivery. For instance, when a doctor postpones the decision to conduct a Cesarean section to deliver the baby, the baby may be stuck in the birth canal, cutting off vital oxygen supply to the brain. This oxygen deprivation often leads to a condition called cerebral palsy, in which there is a disrupted development in the motor, movement and other abilities of the child. Given the serious nature of this condition, medical malpractice cases seeking to recover for this type of personal injury involve a substantial commitment to litigation by the attorneys and clients.

There is no cure for cerebral palsy. Children may undergo rehabilitation in order to regain some control over their movements, but a complete cure is to not around the corner. However, researchers at the Georgia Health Sciences University are now experimenting recommending with stem cells from infants’ cord blood in order to lessen the impact of this condition.

Stem cell therapy involves injecting healthy stem cells from other areas of the body into the damaged areas. The belief is that the stem cells will cause the replication of healthy cells in the damaged area, thereby accelerating the process of healing. This is the first such study that will use stem cell therapy to treat cerebral palsy.

The stem cells in this study, however, come from a newborn’s own cord blood, and not from a sibling or any other close relative. Mothers who had the foresight to save their baby’s cord blood after delivery may now learn whether their decision will benefit the baby. Several children with cerebral palsy in Georgia have enrolled in the study.

Already, some of the children in the study have made substantial improvements since they enrolled in the program. Their parents have found some dramatic changes in their speech as well as walking skills after they enrolled in the stem cell program. Doctors know that cerebral palsy is an incurable condition, but they want to see whether the quality of life for these patients can be improved markedly.

There are several benefits to using stem cells from infants’ cord blood. For one, the stem cells are the person’s own, so there are minimal risks of complications or side effects. When stem cells from another person are used, there is a risk that a person could suffer serious side effects or reactions. Those risks are not present when these stem cells are your own. Unfortunately, the practice of storing cord blood after delivery is not a popular one. According to some estimates, approximately 95% of all cord blood is discarded as medical waste. Only about 5% of all parents choose to save their baby’s cord blood after delivery.

Woman Killed in Douglas County Car Accident

robertkatz@mindspring.com (Robert Katz) — Mon, 02 Jan 2012 09:16:47 -0500

A woman has been confirmed dead, and at least four other people, including a child, suffered personal injuries in an auto accident in Douglas County.

According to police, the head-on car accident occurred on Wednesday afternoon when a Chevrolet Malibu crashed into a Ford Focus. Police say that the Malibu suddenly crossed the centerline, sideswiped a pickup truck and then crashed into the Focus. The driver of the Ford Focus was killed in the accident. The driver of the Malibu sustained personal injuries, and was taken to the hospital. There were two adults and a toddler in the Focus, and they were injured too.

Often, when a car veers across the centerline, or off the lane, it's usually the result of distracted driving or inattention behind the wheel. Atlanta car accident lawyers expect to see more such accidents caused by inattention as students get back to school and their parents are trying to manage their ever busier lives.

Atlanta's motorists are likely to have more than safety on their minds. These are some of the busiest days for motorists, and drivers will find more than the usual quota of speeding and reckless drivers. With the added stress of kids and work, the number of DUI motorists in the evenings are likely to increase.

Under Georgia's laws, survivors of a person who has been killed in an auto accident may be eligible to file a wrongful death claim against the party that contributed to the accident. A wrongful death claim can provide compensation for a number of damages, including funeral and burial expenses and any medical expenses that the victim may have incurred before the death. Georgia’s wrongful death laws also compensate survivors for the financial losses sustained from the loss of the victim. An estate claim arising out of the wrongful death is generally filed at the same time and allows for the family to recover for the pain and suffering the injured person endured prior to their death.

As Georgia wrongful death attorneys, we often find that survivors of car accident victims may be a little reluctant to file a claim for damages. It's important to make it very clear right at the very outset that no amount of compensation in the world could ever make up for the loss of a loved one. However, financial expenses could place an additional strain on survivors after the death of a loved one. Survivors find it overwhelming to deal with their emotional trauma, and financial stresses only make it worse.

Moreover, when the deceased is the primary breadwinner of the family, the survivors may be faced with immediate expenses related to the day-to-day running of the household after the death. There may also be long term expenses. For instance, if the deceased has left behind children, there are college and education expenses to consider. A wrongful death lawsuit can help you recover compensation for all damages, and while the compensation cannot make up for the death of a loved one, it will ensure that survivors have few financial concerns to worry about.

The Atlanta wrongful death lawyers at the Katz Law Firm represent persons who have lost loved ones due to the negligence of others across the metro Atlanta region and across Georgia.

Indiana Offers $300,000 Wrongful Death Settlement to Families of Victims of Stage Collapse

robertkatz@mindspring.com (Robert Katz) — Wed, 28 Dec 2011 10:55:23 -0500

The state of Indiana has offered a settlement of $300,000 to families of each of the 7 people who were killed during a stage collapse at the Indiana State Fair in August. This amount is substantially below the settlement value of these types of wrongful death claims. The rest of the $5 million compensation fund will be paid out to people who suffered a personal injury during the stage collapse. As personal injury attorneys are well aware, when a government entity is involved, victims are seldom fully compensated for their injuries or the death of their loved ones.

The stage collapse accident occurred at the Indiana State Fair in Indianapolis on August 13. Rigging on the stage collapsed in the late hours of the evening, killing 4 people immediately. One other person died the morning after the accident, and 2 other persons died in the days after the collapse. More than 40 persons were injured in the collapse. Just before the collapse, fair organizers and security officials had noticed strong winds measuring 77 mph, and had even been considering postponing the concert by Sugar Land that was due to take place. However, those plans to postpone the concert never materialized.

Under Indiana's liability laws, the state’s liability in an accident like this is restricted to $5 million. Now, the state has proposed its plans to divide the $5 million. The state is offering a settlement of $300,000 to the families of each person killed in the collapse. Families of victims, who had been hospitalized before their deaths, are likely to receive additional compensation. More than 60 other persons were injured in the collapse, and they will be compensated from the remainder of the $5 million fund. The compensation for those were injured in the accident, is likely to depend on the severity of the injuries. Some of the injured are being offered settlements that amount to just about 60% of their total documented medical expenses. One of the injured, who was left paralyzed, has been offered compensation of $500,000.

According to the Indiana Atty. Gen., its office found it a challenge to decide on the amount of compensation to each of the victims. The Atty. Gen.'s Office has had some assistance in designing the compensation plan from Kenneth Feinberg, who helped design the compensation plans after the 9/11 terrorist attacks and the Virginia Tech Shootings.

Families of the victims who were killed and the people who were injured have not decided whether to accept the settlement. A decision on that is expected soon. However, if the settlement is accepted, then these victims will not be able to file any personal injury lawsuit or wrongful death lawsuit against the state in the future. However, some of the injured have already filed lawsuits against the state, challenging the liability cap, which restricts the amount of money that can be paid out to injured victims. Victims who have been injured and families of those killed in the Indiana State Fair stage collapse have also filed lawsuits against other entities that they claim were responsible for the accident.

The Atlanta personal injury lawyers at the Katz Law Firm represent persons who have been injured due to the negligence of others in the metro Atlanta region and across Georgia.

School Bus DUI Incident Underscores Bus Safety Challenges

robertkatz@mindspring.com (Robert Katz) — Tue, 27 Dec 2011 14:56:31 -0500

A school bus driver who was caught driving under the influence in another state underscores to Atlanta bus accident lawyers the challenges involved in keeping children safe on school buses. Importantly, school districts must be extremely diligent in hiring bus qualified drivers or they risk serious injuries to children and claims for negligent hiring and retention. A New Jersey school bus driver was arrested on charges of driving under the influence. That on its own may not have been a media- worthy event, except for the fact that it was the children on the school bus who called and informed their parents about the driver’s intoxicated behavior.

Parents received calls from their children on the bus, who noted that their driver was driving erratically and was dozing off at the wheel. The frantic parents called the school, and school authorities got in touch with the police. The driver, Carole Crockett was later arrested. She has been charged with DUI with a minor, endangering the welfare of a child, disorderly conduct and a number of other charges.

Police conducted breath tests, and found that Crockett registered at a startling .25% on the test. She is a commercial bus driver, and therefore, her maximum allowed BAC level is .04%, compared to the .08% that is allowed for other motorists. On a side note, this is one instance where Atlanta car accident lawyers are really glad that the children on the school bus happened to have their cell phones with them and used them. With a BAC concentration of .25%, it's highly likely that this driver would have caused an accident.

There are lessons from this incident for schools and bus drivers in the state of Georgia too. When parents drop children off at a bus stop, they don't expect to entrust their child to a person who is too intoxicated to see straight. School districts, boards and schools must take their responsibility to higher competent drivers for their buses very seriously. There is a significant risk of accidents and personal injury when a commercial bus or truck driver is driving a vehicle under the influence of alcohol. This is the reason why there are stricter blood-alcohol limit rules for commercial drivers.

Alcohol use can affect a motorist’s ability to make sound driving decisions, and his or her judgment abilities. It also encourages reckless driving practices, like speeding, tailgating and veering in between lanes. Additionally, alcohol affects a driver’s hand-eye coordination and gross motor abilities. A person driving under the influence of alcohol is likely to shed his inhibitions, and break traffic laws. He's also more likely to miss traffic signs, and put himself and people in his vehicle in dangerous situations. Additionally, drunk driving is often linked to drowsy driving.

Intoxicated driving is dangerous enough when it is motorists driving under the influence of alcohol, but when commercial truck and bus drivers do so, the consequences for the driver and other people in the vicinity can be devastating.

The Atlanta bus accident lawyers at the Katz Law Firm represent injured victims of bus accidents in the metro Atlanta region and across Georgia.

Wrongful Death of Police Officer in DeKalb County Wrong Way Driving Car Accident

robertkatz@mindspring.com (Robert Katz) — Fri, 16 Dec 2011 15:03:45 -0500

A police officer was killed, and another person suffered personal injury in a car accident that police are now blaming on a wrong way driver. The crash occurred on westbound interstate-20 early in the morning.

According to DeKalb police, the driver of a westbound vehicle crashed into a sports utility vehicle that was traveling eastbound in the westbound lanes. The driver of the westbound car sustained fatal injuries in the crash. The wrong way driver also suffered injuries in the auto accident.

Investigations into the car accident have begun, and investigators now believe that the driver of the sport-utility vehicle was traveling in the wrong direction. These investigations are likely to also include blood-alcohol tests to determine if the driver was driving under the influence of alcohol.

Many wrong-way driving accidents that Atlanta car accident attorneys come across involve people who have been driving under the influence of alcohol, and make a wrong turn. In fact, according to some estimates, alcohol use is a factor in between 50% and 70% of all wrong way driving accidents.

Wrong way driving accidents can be some of the most devastating collisions, because these are typically head-on car accidents. When a vehicle is traveling in the opposite direction, the chances of it colliding with another vehicle are extremely high. In many cases, wrong way driving leads to catastrophic injuries or wrongful death. In most cases, alert motorists are able to get in touch with police officers immediately to alert them to the wrong way driver. In other cases, the driver himself realizes his error, and corrects it, avoiding an accident.

Some of the most frequent wrong way driving scenarios involve a motorist turning onto a one-way street in the opposite direction, or driving on the wrong freeway entrance ramp. A wrong way driver may also drive on the wrong side of the road or highway with terrible consequences. Wrong way driving is strongly linked to intoxicated driving. That is the reason why so many of these accidents occur at night, because most drunk driving also takes place at night. Such car accidents can also be blamed on failure to notice highway signs and signals. Visibility is poor during the night time, and moreover, an intoxicated motorist may not be able to see signs that say “Wrong Way” or “Do Not Enter.”

Unfortunately, in many these situations, there is little that other motorists can do to avoid an accident. At freeway speeds, a vehicle going the wrong way may collide with your vehicle before you even have time to react. This is especially so because many wrong way driving accidents occur at night. Moreover, other motorists are not prepared for the sight of a vehicle barreling down towards them, and may be unable to react in time.

The Atlanta car accident lawyers at the Katz Law Firm represent persons injured in car accidents in the metro Atlanta region and across Georgia. If you have been injured in a car accident in Atlanta, speak with a car accident attorney at our firm.