Personal Injury & Wrongful Death

Suing Government Employees Personally

Typically government employees are entitled to qualified immunity for acts committed within their official job functions. Such official job functions are called usually discretionary functions and for any such discretionary acts, they are usually afforded complete immunity. The only way around this immunity from suit is to prove that the government actor acted with actual malice or intended to cause harm and/or were acting outside the scope of their authority. As is true of any other claim involving either sovereign immunity or official immunity/qualified immunity
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Fractured Femurs May Be Linked To Long Term Use Of Fosamax

The Georgia injury lawyers at Finch McCranie, LLP have represented individuals in many different types of product liability cases. One type of case we are investigating involves individuals who have suffered bone problems as a side effect of Fosamax (Alendronate Sodium). Studies have shown that the popular osteoporosis drug could increase the risk of the painful and potentially disfiguring jaw injury, known as osteonecrosis of the jaw. Other studies have indicated that the medication could also lead to necrosis of the hip,
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Pre-Suit Notices for Claims Against Counties in Georgia

We have blogged before about pre-suit notification requirements against counties. Simply stated, such a notification must be provided within twelve (12) months of the date of the occurrence or event claimed to have caused personal injury to the claimant. Fortunately, there is a body of law that states that filing a lawsuit within one (1) year of the event will serve to provide Notice to the county. This body of law, however, is entirely different from claims involving State government and also is entirely different
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Pre-Suit Notice Requirements for Claims Against State and Local Government

Under Georgia law, a person injured by the act or omission of a state, local or county government agency must file a written pre-suit notification of intent to file a claim before a lawsuit can subsequently be filed. These are known as “Ante-Litem” provisions. Under the State Tort Claims Act, for example, an Ante-Litem Notice must be filed within twelve (12) months from the date the loss was discovered or should have been discovered. Any person with a claim against the county must present that
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Damage Caps and Medical Malpractice

Our Atlanta medical malpractice lawyers have written in the past about the unfairness of damage caps in medical malpractice cases and how they penalize the most severly injured innocent victims of medical malpractice.
Currently before the Georgia Supreme Court is the issue of the constitutionality of the $350,000.00 cap on non-economic damages enacted by the legislature in 2005. A decision is expected any day.
The attorneys who prosecuted that case have prepared a video which explains and details the terrible injuries suffered by their client.
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Defeating Defenses of Sovereign Immunity

Oftentimes we are asked by clients who have claims against government entities and/or employees to represent their interests in personal injury cases. Regrettably, due to the antiquated and harsh doctrine of sovereign immunity (for legal claims), this many times proves to be a difficult undertaking. Simply stated, sovereign immunity protects many government agencies and employees from lawsuits involving personal injuries. Thankfully, there are some exceptions to the rule, most notably when there is another statute that waives the immunity from suit.
With respect to county
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General Motors Recalls 1.3 Million Vehicles Over Steering Motor Problem

General Motors Co. Is recalling 1.3 million Chevrolet and Pontiac compacts cars to repair or replace steering motors which can fail causing the vehicle to be difficult to steer at lower speeds. While this may not be an insurmountable problem for some drivers, the Georgia injury lawyers recognize that it may be a serious problem for older or elderly drivers who may surprised by the loss of the power steering and be physically unable to steer the vehicle. Under those circumstances a power steering
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Bus Companies Owe Passengers Duty To Use Extraordinary Care In Georgia

Bus accidents on Georgia roads and highways many times result in serious injury and sometimes death for passengers. Many people do not realize that under Georgia law, common carriers such as bus companies and airlines owe their passengers the duty to exercise extraordinary care in the operation of the bus or airplane which is a higher legal duty than is normally owed. Specifically, the Official Code of Georgia Annotated §46-9-1 provides as follows:
“Carriers as such are bound to exercise ordinary diligence. Common

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Georgia Deck Collapse Cases Usually Result From Negligent Construction and Inspection

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck
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$9.45 Million Awarded in Prempro Dangerous Drug Case

Georgia injury lawyers are well aware that just because a prescription drug is an FDA approved drug is , does not mean that it is safe. There was a time when the American public believed that to be the case but we have come to the realization that money talks. Yes, “it is always all about the money” when it comes to business relationships and the drug business is BIG business. It is common knowledge that many former FDA employees end up being hired

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Medical Malpractice Lawyers: What They Do and When You Need One

Have you ever visited a doctor and felt worse after getting treated? Most of the time, doctors help us feel better.

But sometimes, they make mistakes that can hurt people. This is called medical malpractice.

Medical malpractice happens when a doctor, nurse, or hospital does something wrong or forgets to do something they should have done, and that causes harm to a patient.

It could be giving the wrong medicine, making a mistake
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Everything You Should Know About Hiring a Truck Accident Attorney

Accidents involving trucks can be very serious. These large vehicles can cause major damage to cars, roads, and even people.

If you or someone you love has been hurt in a truck accident, it’s important to get help. One of the best ways to do that is by hiring a truck accident attorney.

In this article, we will explain what a truck accident attorney does, why they are important, and how to find the
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Failure to Diagnose Cancer: How a Medical Malpractice Lawyer Can Help You Seek Justice

When someone goes to the doctor, they trust that the doctor will help them feel better.

But sometimes, a doctor may miss a serious illness like cancer. This is called a failure to diagnose.

When that happens, it can be scary and even dangerous.

In this article, we’ll explain what failure to diagnose cancer means, what can happen because of it, and what legal rights a person has if it happens to them.

What Does “Failure to Diagnose Cancer” Mean?

Doctors are trained to look
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The Role of Expert Witnesses in Truck Accident Cases

In the complex and high-stakes world of truck accident cases, legal outcomes often depend on more than eyewitness testimony or police reports.

To build a compelling case and establish liability, attorneys frequently rely on expert witnesses—professionals with specialized knowledge who can analyze evidence, offer insights, and testify in court.

These experts play a pivotal role in both negotiations and trials, influencing the direction and value of a claim.

This article explores how expert witnesses contribute to truck accident cases, why their
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Common Insurance Tricks After a Truck Crash and How a Truck Accident Lawyer Can Help You

Truck accidents are terrifying experiences. The sheer size and weight of commercial trucks make these crashes far more dangerous than regular car accidents.

Victims often suffer serious injuries, vehicle destruction, and emotional trauma.

You might assume that the insurance company will be there to support you after such a harrowing event, but unfortunately, that’s not always the case.

Insurance companies are businesses that prioritize profits.

Often, they use sneaky tactics to reduce
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Organ Transplant Mistakes and Malpractice Liability

Organ transplantation is a life-saving procedure that has become increasingly common in modern medicine. However, due to its complexity, the potential for critical errors is high.

When organ transplant mistakes occur, the consequences can be devastating, often leading to life-threatening complications or even death.

In such cases, patients and their families may seek legal recourse by filing Medical Negligence Lawsuits.

Navigating these complex legal matters often requires the guidance of an experienced
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.

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Dental Malpractice: When Routine Procedures Go Wrong

Routine dental visits are generally uneventful and aimed at preserving oral health.

However, there are unfortunate instances when these standard procedures take a wrong turn, leading to severe pain, injury, or even permanent damage.

Dental malpractice, a lesser-known subset of medical malpractice, occurs when a dental professional fails to provide the accepted standard of care, resulting in harm to the patient.

When such negligence occurs, victims may have legal recourse through a
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.

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Medical Malpractice in Cosmetic Surgery: What You Should Know

Cosmetic surgery is a type of medical treatment that helps change how someone looks.

People may choose cosmetic surgery to fix a part of their body they don’t like or to feel better about themselves.

Some common types of cosmetic surgeries are:

  • Nose reshaping (rhinoplasty)
  • Face-lifts
  • Breast enhancement
  • Liposuction (removing fat)

Eyelid surgery

While most surgeries are safe, sometimes things can go wrong.

If something goes wrong because the doctor made a
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Foreign Objects Left After Surgery: How a Medical Malpractice Lawyer Can Help You

Surgery helps save lives and treat health problems, but sometimes mistakes happen.

One grave mistake is when doctors or nurses accidentally leave something inside a patient’s body after surgery.

This is called a “retained surgical item” (RSI) or a foreign object left behind.

It could be a sponge, a small tool, or even a piece of gauze.

Let’s learn more about why this happens, how often it occurs, and what doctors do to prevent it.

What Is a Foreign Object Left in the Body?

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How Medical Malpractice Lawyers Help Victims of Prescription Errors

Medicine is meant to heal and improve lives, but when mistakes occur, especially with prescriptions, the consequences can be severe.

Every year, an estimated 7,000 to 9,000 people in the United States die due to medication-related errors, making these mistakes the third leading cause of death after heart disease and cancer.

Many more suffer from unreported complications, particularly those with chronic illnesses who are at greater risk. 

These prescription errors often result from
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