Personal Injury & Wrongful Death

How To Get The Best Settlement In A Personal Injury Case

This past month our firm handled two different cases which both illustrate how to get the best possible settlement for a client in a personal injury case. It is oftentimes said that many cases settle on the courthouse steps. This is true. The reason for this is because if the case is not settled, it will have to be presented to a jury at considerable expense and with great time and effort by all parties. The uncertainty of what a jury might do, either returning
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Should High Speed Police Chases Be Banned ?

The simple answer to the question posed is – No. Some police chases are necessary in order to protect the interests of the public. If someone through a violent act commits the crime of car jacking, is a cop killer or otherwise is attempting to escape law enforcement for the commission of a violent felony where the suspect clearly poses an imminent and present danger to the public, then under such circumstances, the dangers presented by police chases are warranted from a societal standpoint. It
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Dangerous Infant Cribs To Be Banned

Over the years our product liability lawyers have been involved in cases in Georgia in which infants are tragically killed by crib and toy dangers. Now in an effort that we applaud, major manufacturers of infant cribs have agreed on a proposal that would ban drop-side cribs in the United States.
Drop-side cribs allow parents to raise and lower one side for easy access. But bad designs, missing pieces and worn-out hardware have caused the adjustable railings to separate from the cribs. Infants have slid
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Minor Falls Can Lead To Severe Brain Injury

Our Atlanta lawyers see many cases involving serious head injuries which at first appear to be minor or nonexistent. The recent report about actress Natasha Richardson who fell at a Canadian ski slope is a prime example. According to reports, Ms. Richardson, suffered a minor fall while skiing.
According to reports, she was talking and joking after she fell Monday. But soon after she returned to her hotel room she complained of head pain and was taken to a nearby hospital, then to a larger medical center in Montreal. She was later flown by private jet to a New York hospital, where she is reportedly in critical condition.
A blow to the head that at first seems minor and does not result in immediate pain or other symptoms can in fact turn out to be a life-threatening brain injury. Immediate treatment is essential after a brain injury because damage caused by swelling is often irreversible.
The initial fall or injury doesn’t have to be hard at all. The delay in symptoms can range from five minutes to three hours after the accident.
Experts report that a patient can appear deceivingly normal at first, but they may actually have a brain bleed and as the pressure builds up, they experience classic symptoms of a traumatic brain injury. This condition is commonly referred to as “talk and die” syndrome, because the patient can decline so rapidly.
These injuries are known as epidural hemorrhages. Blood gets trapped between the skull and the dura which is a hard layer of skin between the bone and brain. As the blood flows from the ruptured artery, the fluid builds and can puncture the dura.
The pressure is pushed on the brain, causing it to swell. Since the brain is restricted by the skull, there is often no room for it to move inside the skull cavity.
Nausea, severe headache, glossy eyes, sudden sleepiness, are all common symptoms of a brain injury. Getting to a hospital within the first few hours is critical to prevent permanent brain damage. Immediate treatment is essential after a brain injury because the initial damage caused by swelling often is irreversible.
Experts warn that the most important thing to do to lower your risk of a brain injury is to wear a helmet.

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Nursing Home Elder Abuse and Neglect

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of nursing home abuse over the years. With our aging population, we expect the numbers of these cases to increase. Nursing home abuse and nursing home neglect of the elderly and vulnerable in nursing homes and other facilities occurs in many forms. A Georgia nursing home lawyer is here to assist your loved ones with holding the wrongdoers accountable. Some types of abuse are obvious such as elder sexual or elder
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Defibrillator Recall

Emergency defibrillators in public gathering places have become common throughout Georgia. Now, about 14,000 external defibrillators are being recalled after 39 reported incidents, including two that involved patient deaths.
The recall was announced Tuesday by manufacturer Welch Allyn. It involves 14,054 AED 10 and MRL JumpStart external defibrillators made between Oct. 3, 2002, and Jan. 25, 2007. The company said there is a chance the AEDs, available through prescription, may produce low-energy shock, shutdown unexpectedly or be susceptible to electromagnetic noise interference.
These problems could
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Dangers Of Industry Payments To Doctors

Emory University in Atlanta, Georgia has been involved in a controversy concerning undisclosed payments to the head of the psychiatry department by drug companies. The danger that these financial relationships between physicians and drug and medical device manufactures can pose to patients is being brought to light in West Virginia.
Two companies that make medical devices and surgical materials may face sanctions related to medical malpractice lawsuits filed by patients against John Anderson King, an osteopathic surgeon on the staff of Putnam General Hospital in
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Bowflex Recalls Dangerous Gyms

Many Bowflex exercise machines are found in homes and gyms throughout Georgia. Now, Nautilus Inc, the manufacturer is recalling 78,000 of its Bowflex Ultimate 2 Home Gyms.
There are reports that the seat rails can unlatch causing potentially serious injury. At least 18 people have been injured so far, with some customers suffering cuts to their heads and shoulders; some requiring stitches.
The U.S. Consumer Product Safety Commission said the gym’s horizontal seat rail, if not manually latched for storage, can fall on a user
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Supreme Court Ruling Affects Georgia Consumers and Others

Georgia residents and countless others across the nation received good news today. In a surprise decision handed down today the United States Supreme Court held that drug manufacturers who fail to warn of known dangers are not immune from liability due to the federal preemption doctrine.
In the case of Wyeth v. Levine , the Supreme Court was confronted with a situation in which drug manufacturer Wyeth had been sued by Levine. Wyeth manufacturers the anti-nausea drug Phenergan. Levine had been injected with Phenergan by a clinician using the IV-push method whereby the drug is injected directly into a vein. However, the drug entered an artery and doctors were forced to amputate her arm below the elbow.
Levine sued in the state courts of Vermont alleging among other things, that Wyeth knew of the increased risks of using the drug by the IV-push method, but failed to provide adequate warnings to healthcare practitioners. A Vermont jury determined that Wyeth was liable under state failure to warn claims and awarded damages against Wyeth.
Wyeth appealed arguing that prior approval of the label for Phenergan by the FDA preempted all state law actions, in effect granting them immunity from suit.
The Supreme Court squarely rejected this argument, finding that Wyeth’s argument would shift the burden of providing adequate warnings to the FDA when the duty to warn rests directly upon the manufacturer.
This is a major victory for consumers across the United States.

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Federal Prosecution of Major Drug Manufacturer

The United States Department of Justice has charged the drug maker Forest Laboratories with defrauding the government of millions of dollars by illegally marketing the popular antidepressants Celexa and Lexapro for unapproved uses in children and teenagers.
In a civil complaint filed by the United States attorney’s office in Boston, federal prosecutors alleged that former top executives at Forest concealed for several years a clinical study that showed that the drugs were not effective in children and might even pose risks to them, including suicides.
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How Brain Injuries Impact Your Life and How to Recover with Medical Malpractice 

Brain injuries and medical malpractice often go hand-in-hand, resulting in devastating consequences for the victim’s health, livelihood, and overall quality of life. 

These injuries can range from mild concussions to severe traumatic brain injuries (TBI), and the effects can be lifelong.

If a brain injury occurs due to medical negligence, victims not only face physical and emotional challenges but also the burden of managing the legal and financial consequences.

In this blog, we will explore
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Spinal Cord Injury Happen After a Truck Accident? Why Legal Guidance Is Important 

Spinal cord injury after a truck accident can be devastating, leading to permanent disability, chronic pain, and a significant impact on your quality of life. 

If you or a loved one has suffered a spinal cord injury from a truck accident, it’s crucial to understand your legal options. 

Seeking legal guidance from an experienced truck accident lawyer can help you navigate the complex legal process and pursue the compensation you deserve.

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Cataract Surgery Complications: Seek Help from Medical Malpractice Lawyer 

Cataract surgery is one of the most commonly performed procedures worldwide, offering a high success rate and improved vision for many patients.

However, like any surgery, cataract surgery can come with its own set of complications. When these complications occur due to errors or negligence by the surgical team, it can lead to a case of cataract surgery malpractice.

If you or a loved one has experienced complications following cataract surgery, seeking the help of a medical malpractice lawyer
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10 ways to Prove a Breach of Duty in a Medical Malpractice Lawsuit?

In a medical malpractice lawsuit, proving a breach of duty is a crucial element in establishing negligence. 

Without clear evidence that a healthcare provider failed to meet the expected standard of care, the case cannot succeed. 

This article outlines effective ways medical malpractice lawyers prove a breach of duty, helping victims of medical negligence seek justice.

The Standard of Care in Medical Malpractice Cases

The first step in proving a breach
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10 ways medical malpractice lawyer can win your case

When you or a loved one suffers due to the negligence of a healthcare provider, the journey to justice can seem overwhelming. 

That’s where a skilled medical malpractice lawyer steps in. Beyond handling the legal paperwork, your lawyer is an advocate who will fight tirelessly to hold negligent providers accountable. 

A lawyer for medical malpractice can help you navigate complex medical laws, build a case, and ultimately win the compensation you deserve. 

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Pediatric Medical Malpractice Claims in Duluth: What Parents Should Know

Pediatric medical malpractice claims in Duluth arise when healthcare providers fail to meet accepted standards of care while treating infants, children, or adolescents. 

Unlike adult malpractice cases, pediatric claims involve unique legal rules, long-term medical consequences, and emotional challenges for families.

Parents must understand how negligence is identified, what legal protections exist for children, and how Georgia law treats malpractice claims involving minors.

What Is Pediatric Medical Malpractice?

Pediatric medical malpractice occurs when
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Medical Malpractice Claims After Hair Restoration Surgery in Atlanta 

Hair transplant malpractice in Atlanta can occur when patients are harmed due to negligent medical care during hair restoration procedures that are often promoted as safe and routine. 

Many individuals pursue hair transplant surgery for cosmetic or confidence-related reasons, but these procedures still involve surgical risks that require proper training, sterile environments, and qualified medical oversight. 

When providers fail to meet accepted standards of care, patients may be left with permanent injuries, scarring, or disfigurement
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Time Limits for Injury and Wrongful Death Claims: What You Need to Know

Time limits for injury and wrongful death claims determine whether an injured person or surviving family members can legally pursue compensation after an accident, medical error, or fatal incident. 

These deadlines, known as statutes of limitations, are strictly enforced. 

Even when liability is clear, missing a filing deadline can permanently bar a claim. 

Understanding how these time limits work, when exceptions apply, and how negligence is evaluated is essential to protecting
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8 Warning Signs of Negligence in Drug Rehabilitation Facilities: What Families Should Look For

Negligence in drug rehabilitation facilities is a serious concern that can place vulnerable patients at risk during one of the most critical periods of their lives. 

Families trust rehab centers to provide safe environments, proper medical care, and structured support for individuals battling substance use disorders. 

When that trust is broken through neglect or substandard care, the consequences can be severe and sometimes fatal.

Drug rehabilitation patients often require medical supervision, mental health
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Weather-Related Truck Accidents and Injury Severity: How a Truck Accident Attorney Can Help

Weather-related truck accidents pose a serious threat to motorists because adverse conditions magnify the inherent dangers of large commercial vehicles. 

Rain, fog, snow, ice, and high winds reduce visibility, limit traction, and increase stopping distances, all while tractor-trailers continue to operate under tight delivery schedules. 

When a crash occurs under these conditions, the resulting injuries are often far more severe than those seen in standard vehicle accidents.

While weather may be a contributing
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