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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Understanding Product Liability Class Action: Protecting Consumers’ Rights

Product liability class actions have become increasingly prevalent in today’s consumer-driven world.

These legal actions empower consumers to seek justice when a defective product has harmed them.

This comprehensive article will delve into the intricacies of product liability class actions, exploring what they entail, how they work, and why they are essential in safeguarding consumers’ rights.

What Is a Product Liability Class Action?

A product liability class action is a legal proceeding that allows a group of individuals, known as the class, to collectively

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Unveiling the Truth: Medical Malpractice Investigation

In today’s world, where trust in healthcare professionals and institutions is paramount, the concept of medical malpractice investigation holds significant importance.

Medical malpractice occurs when healthcare providers fail to meet the standard of care expected, resulting in harm to patients.

This article delves into the intricacies of medical malpractice investigation, shedding light on its key aspects, processes, and consequences.

Understanding Medical Malpractice

Medical malpractice refers to instances where healthcare professionals, including doctors, nurses, or even hospitals, deviate from the accepted standards of care,

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Medical Malpractice Settlements: Understanding Your Rights and Options

Medical malpractice is a grave concern in the healthcare industry, affecting countless individuals each year.

Understanding medical malpractice settlements is crucial for anyone who has been a victim of substandard medical care.

In this comprehensive guide, we will delve into the intricate world of medical malpractice settlements, helping you navigate the legal and financial aspects associated with such cases.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide the standard of care

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Protecting Your Rights: Pursuing Medical Malpractice Claims

In today’s world, medical malpractice is an unfortunate reality that many individuals may face.

When you seek medical care, you trust that healthcare professionals will provide the best possible treatment.

However, medical errors can and do occur, sometimes leading to serious harm or even death.

In such cases, it’s crucial to understand your rights and how to pursue a medical malpractice claim.

This article will guide you through the process of protecting your rights when faced with medical malpractice.

Understanding Medical Malpractice

What

is Medical Malpractice?

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Medical Procedure Error: Understanding, Prevention, and Legal Implications

Medical procedures are an integral part of healthcare, providing patients with treatments and interventions that can save lives and improve their quality of life.

However, the healthcare industry is not immune to errors, and medical procedure errors can have serious consequences.

In this article, we will delve into the topic of medical procedure errors, exploring their causes, prevention strategies, and the legal implications that healthcare professionals may face when such errors occur.

What Are Medical Procedure Errors?

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Atlanta Injury Law Firm: Your Trusted Legal Partner

In today’s fast-paced world, accidents can happen when you least expect them.

Whether it’s a car collision, slip and fall incident, or any other personal injury, the need for legal assistance becomes crucial.

That’s where an Atlanta injury law firm comes into play.

In this article, we’ll explore the ins and outs of these legal entities, shedding light on how they canAtlanta Injury Law Firm: help you navigate the complex world of personal injury claims.

Understanding Personal Injury Law

Before delving into the

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Medical Errors Compensation: Understanding Your Rights and Options

In today’s complex world of healthcare, medical errors are an unfortunate reality that can lead to serious consequences for patients.

While medical professionals strive for excellence in their practice, errors can still occur.

In such cases, it is crucial for patients to understand their rights and options for seeking compensation.

This article aims to shed light on the topic of medical errors compensation, providing you with valuable insights into the process, your rights, and the steps to take in the event of a medical

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Understanding Medical Errors Compensation: Navigating a Complex Landscape

In the ever-evolving world of healthcare, where the primary goal is to provide patients with the best possible care, medical errors can still occur.

These errors, though unintentional, can have serious consequences for patients and their families.

To address the aftermath of such incidents, it’s crucial to explore the topic of medical Errors Compensation comprehensively.

In this article, we will delve into the intricacies of medical errors compensation, shedding light on the process, challenges, and potential resolutions.

Medical errors are incidents in healthcare that

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Understanding the Role of a Dangerous Product Attorney

In an age where consumer products surround us in every facet of life, from our morning coffee makers to the vehicles we rely on for transportation, the issue of product safety has never been more critical.

While the majority of products serve their intended purpose safely and without incident, there are unfortunate instances where products prove to be dangerous or defective, leading to injuries, illnesses, or even tragic loss of life.

In such challenging circumstances, the services of a skilled and experienced professional become indispensable

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Product Liability Claim: Protecting Your Rights as a Consumer

In today’s consumer-driven world, we rely on various products for our daily needs.

From electronics to household appliances, automobiles to toys, we trust that these products are safe for use.

However, sometimes, products can malfunction or pose unexpected dangers, leading to injuries or damages.

In such cases, a product liability claim becomes crucial to protect your rights as a consumer.

Understanding Product Liability

What is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused

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