Personal Injury & Wrongful Death

Hospital Errors Endanger Patients

An analysis of 41 million Medicare patient records, released April 8 by HealthGrades, a health care ratings organization, found that patients treated at top-performing hospitals were, on average, 43 percent less likely to experience one or more medical errors than patients at the poorest-performing hospitals.
From 2004 through 2006, patient safety errors resulted in 238,337 potentially preventable deaths of U.S. Medicare patients and cost the Medicare program $8.8 billion, according to the fifth annual Patient Safety in American Hospitals Study.
The overall medical error rate
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Medication Errors For Hospitalized Children

Our Atlanta based medical malpractice lawyers frequently handle cases involving medication errors in hospitals. Some of these cases result in catastrophic damages.
A research study published in the April issue of the journal Pediatrics determined that medicine mix-ups, accidental overdoses and bad drug reactions harm roughly one out of 15 hospitalized children. The number is far higher than earlier estimates and bolsters concerns already heightened by well publicized cases such as the accidental drug overdose of actor Dennis Quaid’s newborn twins last November. Quaid’s twins
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Florida Court Suspends Allstate in Florida

On Friday, April 4, 2008, the District Court of Appeals, First District, State of Florida upheld the Florida Office of Insurance Regulation’s suspension of Allstate from writing insurance in the State of Florida.
Allstate had been suspended weeks before for refusing to produce documents during an investigation of the company. The Florida market comprises 17% of Allstate’s national sales.
The court found Allstate guilty of arbitrary reductions of “bodily injury claim payments to its policyholders and beneficiaries by up to 20%.” It also determined that
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New Tactic By Defense Attorneys To Prejudice Claimants

Our Atlanta personal injury attorneys are constantly monitoring emerging rends in the legal field. Recently, a controversial test that is supposed to detect “malingering” is gaining popularity among defense experts in personal injury, workers’ compensation and other cases.
The “Fake Bad Scale” is being offered by medical experts as evidence that plaintiffs are fabricating or exaggerating their pain or other medical symptoms.
A few courts have ruled on the admissibility of the test, including three Florida courts that excluded testimony about it last year. In
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Federal Agencies Join Forces Against Consumers

If you think the prescription drug you took for headaches caused your heart attack, the Food and Drug Administration says you can’t sue the maker for injury if it met agency standards. The Consumer Product Safety Commission (CPSC) says you can’t sue a mattress maker if your mattress bursts into flame despite meeting CPSC standards. Companies making sport utility vehicles would get similar protection from suits brought by people injured or the families of those killed in rollovers under National Highway Traffic Safety Administration (NHTSA)
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Home Defibrillator Study

A study released yesterday contained bad news for makers and buyers of portable defibrillators, devices that deliver electrical shocks meant to revive victims of sudden heart In the first major study of their use in household settings, researchers found no evidence that the devices produced significant life-saving benefits. The study, of more than 7,000 heart patients, concluded that patients in homes equipped with the gear died at the same rate as those without it.
Defibrillators were originally designed for ambulance crews. However, they have recently
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Police Use of Taser Kills Teenager

Many wrongful death lawsuits have been brought against the manufacturer of the popular police taser device but according to the manufacturer’s boasts which are in the public record, no such lawsuits have been successful. And yet, practically every week it seems, another person is killed by the use of this product.
Our wrongful death and injury lawyers read last week a news article about a teenager who was killed by the use of a taser after an altercation inside of a grocery store near Charlotte,
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Imperial Sugar Plant Case Becomes More Complicated

Thirteen (13) people have died (and many more injured) as a result of burns and other injuries sustained in the explosion at the Imperial Plant in Port Wentworth, Georgia. Investigators have expressed the opinion that sugar dust ignited and caused the explosion which resulted in these injuries and deaths. Because most of the people burned, injured or killed as a result of the explosion were employees of Imperial Sugar, unfortunately, they will be barred by law from suing their own employer. This is the state
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Surgical Error Causes Removal of Healthy Kidney

Our Atlanta medical malpractice attorneys on occasion review cases in which surgical procedures are performed on the wrong side of the body.
Last Tuesday there was a report of a wrong site surgery at a Minnesota hospital. Surgeons at the hospital mistakenly removed the wrong kidney from a patient. The surgery was performed last Tuesday at Methodist Hospital in Minneapolis, but it wasn’t until the next day that it was discovered that the wrong kidney had been removed. A pathology examination of the removed kidney
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Contaminated Chinese Heparin

At least19 people have died, and hundreds became ill after being given heparin, a blood-thinning drug sold by drug manufacturer Baxter International. Baxter obtained the drug’s active ingredient from a Chinese manufacturer.
A belated inspection of the Chinese plant found substandard conditions. Recent lab tests revealed an unknown contaminant in batches of the drug, but researchers have not identified what precisely caused the allergic reactions which caused the deaths.
The Food and Drug Administration is required to inspect plants such as the one in China
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How Weather Conditions Influence Truck Accident Liability: What Victims Should Know

Weather is a major factor in road safety, especially for large commercial trucks.

Even mild rain, fog, snow, or wind can turn routine driving into a serious hazard—and complicate questions of legal responsibility.

Truck drivers must be trained to adapt to these conditions, yet many accidents happen because of poor decisions or company negligence.

Proving liability in weather-related crashes is challenging, but with fast action and deep legal knowledge, it’s possible to hold the right
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What Truck Accident Victims Should Know About Electronic Logging Device (ELD) Data

One of the most devastating events on our roadways is a truck accident.

These collisions frequently cause serious injuries or fatalities because of the size and weight of commercial vehicles.

In the aftermath, victims and their families are left not only coping with trauma and medical bills but also searching for answers: What caused the accident? Could it have been prevented? Who is liable?

More precise and fact-based solutions to these problems are now feasible
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Is There a Cap on Wrongful Death Compensation? What Families Should Know About Limits

One of the most terrible things a family can go through is losing a loved one because of the carelessness of another person.

Knowing your legal rights and alternatives becomes crucial during this extremely taxing period, particularly with regard to wrongful death compensation.

Is there a cap on wrongful death damages? This is a question that many families have.

The answer isn’t simple and varies widely depending on where you live and the specifics of your
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Legal Rights of Parents in Unborn Child Wrongful Death Cases

It is an unfathomable sadness to lose an unborn child as a result of someone else’s carelessness.

In Georgia, parents have legal avenues to seek justice and compensation through wrongful death claims.

However, these cases are fraught with complexities, and understanding the legal framework is crucial.

Understanding Wrongful Death in the Context of Unborn Children

Georgia law allows parents to pursue wrongful death claims for the loss of an unborn child, provided certain conditions are met.

Usually at 24 weeks of gestation, the fetus
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Medical Malpractice Settlements vs. Jury Trials: Which Is Right for You?

When a medical procedure goes wrong, the consequences can be devastating—emotionally, physically, and financially.

Victims and families often face a whirlwind of pain, confusion, and legal questions.

One of the most important decisions you’ll face in a medical malpractice case is whether to accept a settlement or pursue a jury trial.

Each path comes with its own risks and rewards, and making the right choice could shape the outcome of your entire case.

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Who Can File a Medical Malpractice Claim? Understanding Your Rights

You may be able to file a medical malpractice claim when you or a loved one experienced harm as a result of a medical professional’s carelessness.

Many people aren’t sure whether they have the right to file or if their situation qualifies as malpractice.

As seasoned medical malpractice attorneys at Finch McCranie LLP, we believe understanding your legal rights is the first step in holding healthcare providers accountable and seeking the justice you deserve.
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How Settlements Work in Medical Malpractice Cases

Without competent legal assistance, allegations of medical negligence can be difficult to handle due to their complexity, emotional content, and difficulty.

It’s essential to understand how settlements in medical malpractice cases work if you or a loved one experienced harm as a consequence of a healthcare provider’s negligence.

Many parties prefer to settle their cases out of court, but it’s crucial to understand what that process involves, what to anticipate, and how an experienced medical malpractice
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What Evidence Is Critical in Truck Accident Injury Lawsuits?

Truck accidents frequently result in catastrophic injuries or fatalities, making it one of the most damaging categories of personal injury incidents.

A accident between a commercial truck and a smaller vehicle can have serious financial, psychological, and physical repercussions.

In the aftermath, pursuing legal action may be the only way for victims to secure the compensation they deserve.

But not every claim is successful. The quality and extent of the evidence acquired nearly totally determines
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The Role of Expert Witnesses in Medical Malpractice Lawsuits

In medical malpractice trials, expert witnesses are essential because they help the court make sense of complicated medical data.

With a background in healthcare, they analyze medical records to identify whether the standard of care was breached and explain how such breaches caused harm.

Their evidence enables the holding of negligent medical professionals accountable by translating medical jargon into English that juries and judges can easily understand.

Having worked both as a nurse and now
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How a Surgical Negligence Lawyer Can Help If You Suspect Malpractice

Surgical procedures, regardless of complexity, require absolute precision, coordination, and adherence to medical protocols Patients entrust surgical specialists with their trust and even their lives.

But what happens when that trust is broken? When a routine or high-risk surgery results in unexpected harm, and the cause seems to stem from something more than chance?

If you suspect that your injuries, complications, or unexpected outcome after surgery are due to negligence, it’s essential to take proactive steps.

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