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Personal Injury & Wrongful Death

Jury Awards $114 Million In Nursing Home Abuse Case

Almost every week the Georgia injury lawyers at Finch McCranie, LLP hear about horrific treatment of elderly patients in nursing homes or other long-term facilities. Occasionally they are held accountable for their negligent treatment.
Last month, the family of a 76 year old Florida woman was awarded $114 million in a nursing home abuse case. The woman died in 2003 after having been a patient at the nursing home. The lawsuit alleged that the elderly woman was injured after falling, had developed pressure
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Bench Trials Under The Federal Tort Claims Act

Under the unique provisions of the Federal Tort Claims Act (FTCA), there is no right to a jury trial. What this means is obvious: once an FTCA lawsuit is filed and the United States of America is named as the defendant, if the case cannot be resolved thereafter and a trial is required, the trial will be before a United States District Court judge which will sit, not only as the finder of fact, but also as the Judge of the law. In short,
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Who And Where To Sue Under The Federal Tort Claims Act

We have blogged in the past about some of the unique provisions of the Federal Tort Claims Act (FTCA) and how they pertain to tort claims against the United States government. As an example, one unique provision is that no claim can be sued against the federal agency per se but instead only against the United States. In any lawsuit against the federal government in which a tort has occurred, the named defendant must be the United States of America. Thus, in a case
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Contact Lens and Medical Device Injuries In Children

Injuries caused by contact lens are a serious problem in Georgia and elsewhere. The consequences of injuries from these seemingly harmless devices can be life changing, including blindness. Our lawyers have just recently concluded several cases involving injuries sustained by contact lens wearers.
The U.S. Food and Drug Administration has just released a report which reveals that more than 70,000 children and teens go to the emergency room each year for injuries and complications from medical devices. Contact lenses are the leading cause of these
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Georgia Motorcycle Accident Injures Two

Friday evening, a motorcycle accident in north Georgia injured two people. The wreck occurred before 8:00 p.m. on U.S. Hwy 41 in Tunnel Hill, Georgia.. Although details of the wreck have not been released and the accident is still under investigation, the motorcycle and a pickup truck collided. It has been reported that charges are pending against the driver of the truck. The driver of the motorcycle was flown to Erlanger Medical Center in Chattanooga and the passenger was taken to Hamilton Medical Center in
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Defective Heart Defibrillators

Defective implanted heart defibrillators have been the subjects of many recalls over the last several years. This week, Boston Scientific Inc., advised doctors that a part in certain models of its implanted heart defibrillators made in 2006 and 2007 has a “somewhat higher’’ failure rate, requiring units to be reprogrammed. The company reported a failure rate of one in 670 devices. No deaths or injuries have been reported.
Boston Scientific estimates that about 34,000 patients still have the defibrillators implanted, even though they are
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False Arrest Claims in Georgia

Over the years the Georgia injury lawyers at Finch McCranie, LLP have represented clients who have been “falsely arrested”. In one memorable case, our client was accosted in the Lenox Mall parking lot by three store security officers who forcibly carried her back into the store where she was accused of shoplifting and strip searched. Eventually, the store realized they had made a mistake and told our client that she was “free to go”. She remained in the store and called the Atlanta
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Georgia Woman Drowns At Lake Lanier – Boat Operator Charged With Boating Under The Influence

This week, The Associated Press reported that last Sunday evening a 26 year old Georgia woman drowned at Lake Lanier, just north of Atlanta. Although the boat, upon which the woman had been a passenger, had not been involved in a crash. the owner/operator of the boat was charged with boating under the influence.
Our Georgia injury lawyers have represented clients who have suffered injuries or lost loved ones in boating accidents. Some of the causes include boater error, boater inexperience, boating under the influence of drugs and/or alcohol, equipment failure, and operating in adverse weather and/or water conditions.
Georgia law states, in part, “No person shall operate, navigate, steer, or drive any moving vessel, or be in actual physical control of any moving vessel, nor shall any person manipulate any moving water skis, moving aquaplane, moving surfboard, or similar moving device while under the influence of alcohol to the extent that it is less safe for the person to operate, navigate, steer, drive, manipulate, or be in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device”.
A boat operator and the boats owner must exercise the highest degree of care to prevent injuries to passengers, swimmers and others in the nearby water and those in any boats around them. Failure to exercise the required care can result in serious injury or the wrongful death of innocent victims. In addition to the Atlantic Ocean, Georgia has numerous recreational bodies of water. In addition to the Chattahoochee and many other Georgia rivers, there are numerous lakes where boaters congregate: Lake Lanier, Lake Sinclair, Lake Oconee, West Point Lake and others. Our main office is located in Atlanta which is not far from any of these lakes. As a result, we have seen more than our share of boating accidents and fatalities.

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Two Georgia Power Men Burned in On-The-Job Accident

http://www.serious-injury-litigation.com/As Georgia injury lawyers who have handled thousands of workers compensation claims, few on-the-job injuries are as horrifying to us as burn injuries.
Today 11 Alive News and WSB News reported that two Georgia Power employees suffered burns today as they were replacing a utility pole in Milton, Georgia. It is thought that as the crew was drilling a new hole for the pole, they hit a natural gas line which sparked an explosion. One of the injured Georgia Power workers, who was about 35 feet up in a bucket lift at the top of the pole, jumped to try to escape the flames. He was reportedly burned over 80% of his body and was airlifted to Grady Memorial Hospital’s burn unit.

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Georgia Motorcycle Accident Results In Death

When most people hear about a motorcycle accident they envision a collision with a car or a truck; however, motorcycle accidents also occasionally occur as a result of debris and foreign objects on the roadway.
The Savannah Morning News reported today that on Sunday, a 23 foot trailer came loose from a Ford F-150 truck being operated by 66 year old Gerald Adams. The trailer crossed over the median on Interstate 16 where it collided with 26 year old Carroll Girtman, who was riding his Yamaha motorcycle in the westbound lanes.
Adams has been charged with second-degree vehicular homicide and operating an unsafe vehicle, both misdemeanors.
As a Georgia injury lawyer who often pulls a long, heavy boat trailer, I am always aware of the my responsibility to make sure that the boat is secured to the trailer, that the trailer is properly secured to the truck with safety chains, that the tires are in good shape and that all of the lights are operational. As the Savannah motorcycle case illustrates, when a trailer comes loose from a motor vehicle, it will almost certainly result in the serious injury, if not the wrongful death of an innocent person.
Although no additional details about why or how the trailer came loose were reported, there are alot of questions to be answered. Was the hitch properly secured to the vehicle? Were safety chains being used? If there was an equipment failure, is there a products liabilty case against the manufacturer of the hitch, ball or trailer manufacturer? If properly secured, trailers do not usually come loose from motor vehicles.

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How Much Are The Fees Of A Medical Malpractice Lawyer?

When pursuing a medical malpractice case, one of the primary concerns for individuals seeking legal representation is the cost. Medical malpractice lawyers‘ fees can vary depending on different factors and fee structures.

The Basics Of Medical Malpractice Lawyers’ Compensation

Medical malpractice lawyers typically get paid through various fee arrangements. The most common fee structures include contingency fees, hourly rate billing, and retainers with expenses.

Understanding Contingency Fee Arrangements

Contingency fees are a prevalent arrangement in medical malpractice cases. With this approach, the lawyer only

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How To Sue For Medical Malpractice? A Step-By-Step Guide

If you or a loved one has experienced medical malpractice, taking legal action might be necessary to seek compensation for the damages. However, the process of suing a doctor for medical malpractice can be complex. This step-by-step guide will help you understand what to do if you find yourself in such a situation.

Why Is It Important To Seek Legal Representation?

Before delving into the steps of suing for medical malpractice, it’s crucial to emphasize the importance of seeking legal representation. Medical malpractice cases

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What Is the Most Common Type of Lift Truck Accident?

Lift truck accidents can lead to severe injuries and even fatalities if proper precautions are not taken. 

Understanding the most common types of lift truck accidents is crucial for promoting safety in workplaces that utilize these vehicles. 

In this article, we will explore the various factors related to lift truck accidents, including their causes, types, legal implications, prevention measures, and the role of a truck accident lawyer.

Common Causes of Lift Truck Accidents


Several factors contribute to lift truck accidents. Some of the common causes include:

  1. Lack of Operator Training: Inadequate training or improper certification can increase the risk of accidents.
  2. Improper Maintenance: Neglecting regular maintenance of lift trucks can lead to mechanical failures and accidents.
  3. Unsafe Operating Practices: Reckless driving, speeding, and failure to follow safety protocols significantly contribute to accidents.
  4. Poor Visibility: Limited visibility due to blind spots, obstructed views, or poorly positioned mirrors can result in collisions or accidents.
  5. Uneven Surfaces: Operating lift trucks on rough terrain can cause instability and tipping accidents.
  6. Overloading: Carrying loads that exceed the recommended capacity can compromise the stability and maneuverability of the lift truck.

What Are the Common Types of Lift Truck Accidents?

The most usual types of lift truck accidents include:

  1. Forklift Tip-Overs: These accidents occur when the lift truck becomes unbalanced due to an uneven load, excessive speed, or improper maneuvering, causing it to tip over.
  2. Collisions: Lift trucks colliding with stationary objects, other vehicles, or pedestrians can lead to severe injuries and property damage.
  3. Falls from Heights: When operators or pedestrians fail from an elevated platform or forklift, it can result in serious injuries.
  4. Struck-by Accidents: People can be struck by the lift truck or its load, causing injuries or fatalities.
  5. Entrapment or Crushing Accidents happen when an operator or bystander becomes trapped between the lift truck and another object or when the operator is caught within the vehicle’s moving parts.

Legal Implications of Lift Truck Accidents

Lift truck accidents can have legal implications for both employers and operators. 

Employers are responsible for a safe work environment, which includes proper training, regular maintenance, and adherence to safety regulations. 

Failure to fulfill this commitment can result in legal consequences such as fines, penalties, and lawsuits. 

Additionally, operators demonstrating negligence or disregard for safety protocols may face legal repercussions.

How to Prevent and Mitigate Forklift Accidents

Preventing lift truck accidents requires a combination of proactive measures and ongoing training. 

Some strategies to avoid and mitigate forklift accidents include:

  1. Comprehensive Training Programs: Provide thorough training to operators on safe operating practices, maintenance procedures, and recognizing potential hazards.
  2. Regular Maintenance and Inspections: Implement a regular maintenance schedule and conduct inspections to promptly identify and address any mechanical issues.
  3. Enforce Safety Protocols: Establish strict safety protocols and ensure all operators adhere to them, including speed limits, proper load handling, and signaling procedures.
  4. Improve Visibility: Install additional mirrors, cameras, or sensors to enhance visibility and reduce blind spots.
  5. Promote Communication: Encourage clear communication between operators, pedestrians, and other workers near lift trucks.
  6. Implement Safety Barriers: Use physical or designated zones to separate pedestrians from operating areas.
  7. Regular Safety Audits: Conduct periodic safety audits to identify potential hazards and implement corrective actions.

Let Our Truck Accident Lawyer Help You

If you or someone you know has been involved in a lift truck accident, it is essential to seek legal assistance. 

A qualified truck accident lawyer specializes in handling personal injury cases related to lift truck accidents. 

They can provide valuable guidance, assess liability, and help you navigate the legal process to seek compensation for injuries, medical expenses, & other damages.

Conclusion

Being aware of the most common types of lift truck accidents is crucial for promoting safety in workplaces that use these vehicles. 

By understanding the causes, types, legal implications, and prevention measures associated with lift truck accidents, employers and operators can take proactive steps to ensure a safe working environment. 

Remember, preventing accidents requires ongoing training, regular maintenance, and a commitment to following safety protocols. 

Prioritizing safety protects individuals, contains legal complications, and promotes overall productivity.

FAQs

Which of the following are common causes of lift truck accidents?

Common causes of lift truck accidents include lack of operator training, improper maintenance, unsafe operating practices, poor visibility, uneven surfaces, and overloading.

What are the three most common reasons for forklift accidents?

The three common reasons for forklift accidents are operator error, lack of training, & inadequate maintenance.

What are the most common types of truck accidents?

The most common types of lift truck accidents include tip-overs, collisions, falls from heights, struck-by accidents, and entrapment or crushing accidents.

How common are forklift accidents?

Forklift accidents are unfortunately quite common, with thousands of accidents reported each year, resulting in injuries and fatalities.

What is the most common type of forklift accident?

The most common type of forklift accident is tip-overs, which can occur due to various factors such as unbalanced loads, excessive speed, or improper maneuvering.

What is the most common type of crash?

In the context of lift truck accidents, the most common type of crash is a collision between a lift truck and a stationary object, another vehicle, or a pedestrian.

What are two of the most common accident types?

Tip-overs and collisions are two of the most common accident types involving lift trucks.

What is the most common cause of accidents?

Operator error, including lack of training and unsafe operating practices, is among the most common causes of lift truck accidents.

What are the five common accidents?

The five common accidents involving lift trucks are tip-overs, collisions, falls from heights, struck-by accidents, and entrapment or crushing accidents.

What are the two leading causes of injuries when using forklifts?

Two leading causes of injuries when using forklifts are operator error and lack of proper safety protocols.

Which of the following is one of the three most common types of forklift accidents?

One of the three common forklift accidents is tip-overs, where the lift truck becomes unbalanced and topples over.

What are the four leading causes of forklift injuries?

The four leading causes of forklift injuries are operator error, lack of training, inadequate maintenance, and improper load handling.

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How To Win A Medical Malpractice Lawsuit: Expert Legal Advice

If you or a loved one has experienced medical malpractice, you may be wondering how to win a medical malpractice case and seek justice.

Navigating the legal system can be overwhelming, but with the right approach and expert legal advice, you can increase your chances of a successful outcome.

In this article, we will explore the different types of medical malpractice lawsuits, how to prove medical malpractice, and the essential steps to succeeding in your medical

malpractice suit.

The Different Types Of Medical Malpractice Lawsuits

Medical malpractice encompasses various situations where a healthcare professional’s negligence leads to harm or injury to a patient.

Some common types of medical malpractice lawsuits include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide adequate care.

Understanding the specific type of malpractice is crucial to building a strong case.

How To Prove Medical Malpractice

Medical Records: A Key Piece Of Evidence

One of the essential elements in proving medical malpractice is obtaining and analyzing medical records.

These records provide crucial information about the patient’s treatment, the healthcare provider’s actions, and any potential negligence.

Medical records act as a foundation for establishing a case against medical malpractice.

Expert Testimony: Establishing a Standard Of Care

Expert testimony plays a significant role in a medical malpractice lawsuit.

Medical experts with relevant expertise and experience can help establish the standard of care that should have been provided in a particular situation.

Comparing the actual treatment to the standard of care helps determine whether medical negligence occurred.

Collecting Additional Evidence: Witness Statements And Documents

To strengthen your case, gathering additional evidence is essential.

Witness statements from individuals present during the medical procedure can provide valuable insights.

Additionally, other documents, such as medical literature or guidelines, can help support your claim of medical malpractice.

Hiring A Competent Medical Malpractice Lawyer Increases The odds.

When facing a medical malpractice case, hiring a competent and experienced medical malpractice lawyer is crucial.

An attorney specializing in medical malpractice cases will have the necessary expertise to navigate the complexities of such lawsuits.

They can gather evidence, build a compelling argument, and negotiate with insurance companies or opposing parties.

How To Win A Medical Malpractice Case

Successfully winning a medical malpractice case requires thorough preparation and a well-developed strategy.

Here are some steps to help you increase your odds of success:

  1. Gather Comprehensive Evidence: As mentioned earlier, medical records, expert testimony, and additional evidence are vital in building a strong case. 
  2. Prove Negligence: You must demonstrate that the healthcare provider’s actions deviated from the standard of care expected in their profession and that this deviation directly caused harm to the patient. 
  3. Consult with Experts: Seek advice from medical experts who can review your case and offer their professional opinion on whether medical malpractice occurred. 
  4. Document Damages: Keep track of all damages, including medical expenses, lost wages, and emotional distress.These will play a crucial role in determining the compensation you deserve.

     

  5. Negotiate a Settlement: In many cases, medical malpractice suits are settled outside of court.Your lawyer can negotiate with the other party to secure a fair settlement.

     

  6. Prepare for Trial: If a settlement cannot be reached, your lawyer will prepare for trial, presenting a compelling case before a judge and jury. 

Conclusion

Facing a medical malpractice case can be emotionally and financially taxing, but with the right approach and expert legal assistance, you can increase your chances of a favorable outcome.

Remember to gather strong evidence, consult with medical experts, and hire a competent medical malpractice lawyer.

Winning a medical malpractice lawsuit is possible with determination, thorough preparation, and the support of experienced legal professionals.

FAQs

Which element of malpractice is hardest to prove?

Proving negligence is often the most challenging element of a medical malpractice case. It requires demonstrating that the healthcare provider’s actions deviated from the standard of care and that this deviation directly caused harm to the patient.

What four things must be proven in a medical malpractice case?

In a medical malpractice case, four essential elements must be proven: the existence of a doctor-patient relationship, the healthcare provider’s negligence, a direct link between the negligence and the patient’s injury, and resulting damages.

What are the 4 C’s of medical malpractice?

The 4 C’s of medical malpractice refer to the elements that need to be established in a malpractice case: Competence, Communication, Consent, and Causation.

Why is it so hard to win a malpractice case?

Medical malpractice cases are challenging to win due to the need to provide substantial evidence of negligence and causation. Healthcare providers often have strong legal representation, making these cases complex and vigorously defended.

Who gets sued the most for malpractice?

While various healthcare providers can face malpractice lawsuits, doctors are more commonly sued due to their direct involvement in patient care.

What five elements need to be present to prove malpractice?

The five elements necessary to prove medical malpractice are duty, dereliction (breach of duty), direct cause, damages, and defense.

What are the three C’s to prevent malpractice?

The three C’s to prevent malpractice are Competence (maintaining professional skills and knowledge), Communication (effective and clear communication with patients), and Consent (obtaining informed consent for treatments and procedures).

What is the most important type of evidence in a medical malpractice case?

Medical records are considered the most critical type of evidence in a medical malpractice case, as they provide a comprehensive account of the patient’s treatment and the healthcare provider’s actions.

What are some examples of malpractice?

Examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, birth injuries, and failure to provide adequate care.

How do you deal with medical negligence?

If you suspect medical negligence, consult with a medical malpractice lawyer to discuss your options and potentially pursue legal action against the responsible party.

What are the four D’s of medical malpractice duty dereliction?

The four D’s of medical malpractice (duty dereliction) are Deviation (from the standard of care), Direct cause (of harm), Damages (suffered by the patient), and Defense (against the allegations).

What are the four codes of medical ethics?

The four codes of medical ethics are autonomy (respecting the patient’s right to make decisions), beneficence (acting in the patient’s best interest), non-maleficence (avoiding harm), and justice (fair distribution of healthcare resources).

Who pays the most for malpractice?

Specialties such as neurosurgery, cardiothoracic surgery, and obstetrics and gynecology often have higher malpractice insurance premiums due to their higher risk and potential for complex procedures.

How long do most malpractice cases last?

The duration of medical malpractice cases can vary significantly, but they typically take several months to a few years to reach a resolution, depending on various factors.

What is the highest-paying malpractice?

The highest-paying malpractice claims usually involve catastrophic injuries or wrongful death cases, resulting in substantial compensation.

What is evidence of malpractice?

Evidence of malpractice can include medical records, expert testimony, witness statements, photographs, and any other documentation that supports the claim of negligence.

What five things must be proven in a negligence case?

In a negligence case, five essential elements must be proven: duty, breach of duty, cause in fact, proximate cause, and damages.

How does a plaintiff prove she will win a negligence case?

To win a negligence case, the plaintiff must provide evidence demonstrating that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries or damages.

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What Do Medical Malpractice Lawyers Do? – What To Expect

If you’ve experienced harm or injury due to medical negligence, a medical malpractice lawyer can be your advocate and guide throughout the legal process.

These lawyers specialize in handling cases involving medical errors, ensuring that victims receive the compensation they deserve.

Let’s delve into the role of medical malpractice lawyers and the benefits of hiring one.

The Role Of Medical Malpractice Lawyers

Investigating Medical Negligence Claims

Medical malpractice lawyers investigate the details surrounding a potential case, reviewing medical records, consulting with medical experts, and

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How To Prove Medical Malpractice Claim? – Your Legal Guide

Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient.

Proving medical malpractice can be complex and challenging, requiring a thorough understanding of the legal requirements and the ability to gather compelling evidence.

In this article, we will provide a comprehensive legal guide on how to prove medical malpractice.

From understanding the elements of a malpractice claim to gathering evidence and navigating the legal process, we’ll cover everything you need to know.

How To Prove Medical Malpractice Claim?
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How To Find A Medical Malpractice Attorney? – A Quick Guide

When faced with a potential medical malpractice case, finding the right attorney is crucial to navigate the complex legal landscape & seek justice for any harm or injuries suffered.

In this panoramic guide, we will explore the steps you can take to find a reputable medical malpractice attorney who can effectively represent your interests.

From researching potential attorneys to evaluating their experience and expertise, we will equip you with the knowledge to make an informed decision and empower you in your pursuit of justice.

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What Is The Average Payout For A Motorcycle Accident?

The average pay out for a motorcycle accident settlement varies depending on several factors.

It’s important to note that each case is unique, and there is no fixed amount for an average payout.

The specific circumstances of the accident, the severity of injuries, the extent of property damage, and other relevant factors play a significant role in determining the settlement amount.

Average Motorcycle Accident Settlement Amount

Motorcycle accidents can result in several injuries & significant financial burdens.

If you’ve been involved in a motorcycle

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How Much Is The Average Medical Malpractice Settlement?

Medical malpractice is a major issue that can lead to significant harm and financial burden for the victims. If you or a loved one has experienced medical malpractice, you may wonder how much compensation you could receive from a settlement. The average medical malpractice settlement amount can vary depending on various factors. In this article, we will delve into the characteristics that determine the value of a medical malpractice settlement, high-profile cases, other influencing factors, how to calculate the potential value of a topic,

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How to File a Medical Malpractice Lawsuit: A Step-by-Step Guide

Medical malpractice is a serious issue that can have detrimental effects on patients’ lives. When medical professionals fail to meet the expected standard of care, resulting in harm or injury to a patient, it may be necessary to file a medical malpractice lawsuit. In this article, we will provide a comprehensive guide on how to file a medical malpractice lawsuit, including important considerations and steps to follow.

What Is Medical Malpractice?

Before delving into the process of filing a medical malpractice lawsuit, it’s crucial

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