Personal Injury & Wrongful Death

Raptiva Withdrawn From Market

Raptiva, a drug manufactured by Roche HoldingAG’s Genentech Inc. and marketed for the treatment of psoriasis has been linked to a rare but often fatal brain disorder. As a result of these findings, Genentech has issued a voluntary recall of the drug.
Genentech previously disclosed that three cases of the disorder, called progressive multifocal leukoencephalopathy, had turned up in patients taking Raptiva since October of last year. Two of these cases were fatal. A fourth patient died of unknown cause after developing neurologic symptoms. All
(more…)

Physical & Sexual Abuse At Georgia Day Care Centers

The Georgia injury lawyers at Finch McCranie, LLP have represented, and continue to represent, victims of day care child abuse. The statistics on physical child abuse are alarming. It is estimated that hundreds of thousands of children are physically abused each year by a parent or close relative; however, abusers include daycare workers, healthcare providers, mental healthcare workers and others who care for children on a daily basis.
We currently represent a young victim who was abused while a patient in the psychiatric ward of a Georgia hospital and a young victim of a sexual assault that occurred while a patient in an Atlanta brain injury rehabilitation facility. Just last week the Atlanta Journal-Constitution reported on a case where children were abused by a staff member at a Kennesaw day care center. According to the article, an investigation revealed that other employees of the day care center knew the abuse was happening! Although physical abuse is perhaps the most common form of abuse, it is not the only kind of child abuse. Many children are victims of neglect, or sexual abuse, or emotional abuse.
In 2005, 899,000 children in the U.S. were victims of child abuse, neglect and maltreatment: 90% suffered neglect, 3.6 suffered medical neglect, 13% were physically abused, 4% were sexually abused and 1% were psychologically mistreated. Children who have been abused may display:
a poor self image
sexual acting out
inability to trust or love others
aggressive, disruptive, and sometimes illegal behavior
anger and rage
self destructive or self abusive behavior, suicidal thoughts
passive or withdrawn behavior
fear of entering into new relationships or activities
anxiety and fears
school problems or failure
feelings of sadness or other symptoms of depression
flashbacks, nightmares
drug and alcohol abuse
Proper treatment through experienced professionals is the key to starting to heal the damage. Legal action is often the only way that those who allow the sexual abuse to occur will take responsibility for their failures.

(more…)

GM Recalls Dangerous Cars

Many Georgia residents may be driving General Motors cars which have a dangerous propensity to ignite in flames. General Motors and the National Highway Traffic Safety Administration announced yesterday that the possibility of engine fires has prompted General Motors to recall nearly 1.5 million passenger sedans manufactured between 1997 and 2003.
The recall covers certain mid- and full-size passenger sedans under GM’s Chevrolet, Buick, Oldsmobile and Pontiac brands.
The problem involves a potential for oil to leak on the exhaust manifold during hard braking. When a car operates under normal conditions, the manifold can get very hot. Oil that runs below the manifold’s heat shield can ignite and spread to plastic channels that hold spark plug wires.
The affected vehicles have naturally aspirated 3.8 liter V6 engines. These engines use atmospheric pressure rather than a mechanical blower to bring in air for combustion.
General Motors has proposed a change in the bracket that holds spark plug wires, which will be done free of charge, as a solution to the problem. Owners and dealers affected by the recall will be notified by letter next month with details.
The vehicles involved are:• 1997-2003 Buick Regals.• 1998-2003 Chevrolet Luminas, Monte Carlos and Impalas.• 1998-1999 Oldsmobile Intrigues.• 1997-2003 Pontiac Grand Prix.
If you are driving one of vehicles you should contact a GM dealer for a repair even if you do not receive a notice in the mail.

(more…)

Defective Cardiac Defibrillator May Result in Death

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of defective products which have caused serious injury and sometimes death. Recently, there was a recall on a device meant to save lives, a defibrillator. Each year 250,000 to 450,000 Americans suffer a sudden heart stoppage or cardiac arrest due to a rhythm disturbance or silent coronary artery disease, according to the National Heart Lung and Blood Institute. About 95 percent of those people die. A defibrillator delivers a shock which
(more…)

Trial Techniques – The Art of Cross-Examination Part VI

Rule No. 2 of 12: The successful cross-examiner always has a purpose for each question that is asked or not asked.
When preparing a cross-examination of any particular witness, counsel has to consider what they want to say about the witness in closing argument. Sometimes, if a witness does not hurt your client’s case, the best cross-examination is to ask no questions at all. The general rule is “no harm no foul,” therefore, if a witness is called against your client and ends up testifying
(more…)

Deadly Reverse Car Accidents

The news media in Georgia frequently reports on tragic accidents in which young children are killed by cars traveling in reverse. Many times these accidents occur when a parent is backing out of a driveway or garage.
According to data from a recent study by the National Highway Traffic Safety Administration shifting into reverse may be more dangerous than previously thought. According to the first study conducted on the issue, 221 people were killed by vehicles backing up in 2007. That is more than 4
(more…)

Trial Techniques – The Art of Cross-Examination – Part V

In our prior four (4) entries, concerning the art of cross-examination, we have discussed the objectives of cross-examination and have suggested that there are four (4) alternative purposes for successful cross-examination that should be considered by trial counsel. In this article, we are going to address techniques involved in successful cross-examination. Any experienced trial counsel will recognize these rules as being fundamental to a truly successful cross-examination of any material witness.
Rule No. 1 of 12: The successful cross-examination is well prepared in advance of
(more…)

Car Accidents In Small Vehicle Increase Dangers

Our Georgia automobile accident attorneys often review crashes involving very small cars, sometimes referred to as “micro cars.” We have frequently noticed that there seems to be a correlation between the severity of injuries suffered in car accidents and the size of the vehicles involved. Now, a study by the Insurance for Highway Safety has confirmed our observations.
In crash tests released this week, the Institute found that drivers of 2009 versions of the Smart “fortwo,” Honda Fit and Toyota Yaris face significant leg and
(more…)

Trial Techniques – The Art of Cross-Examination Part IV

In this our fourth entry, we discuss again the objectives of cross-examination. We have talked about obtaining evidence which is favorable to one’s case, impeaching or corroborating the testimony of another witness in the case and discrediting the testimony of the witness through proof of prior convictions, inconsistent statements or prior writings. In this entry, we address another alternative to cross-examination and that is “to appear to be cross-examining a witness without really doing so” because counsel really does not have anything that can be
(more…)

Trial Techniques – The Art of Cross-Examination – Part III

The third alternative objective of cross-examination is to discredit the testimony of the witness being called by your opponent. This can be done in several ways. The most traditional way is to impeach the witness by proof of conviction of a crime. Another manner is to prove a prior inconsistent statement, most often taken from prior sworn deposition testimony. However, proof of a prior inconsistent statement may also be offered through an inconsistent statement given to an investigator or other third party witness. Additionally, prior
(more…)

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
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)

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.
(more…)

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
(more…)

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
(more…)

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
(more…)

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.

(more…)