Georgia Personal Injury Blog
Supreme Court Ruling on ER Liability Case Matches Attorney Wayne Grant’s 2012 Prediction
In 2005, the Georgia General Assembly enacted a statute that distinguished emergency medical care liability cases from those involving other types of medical treatment. The statute that applies to emergency treatment lowers the standard of care for the care provider while increasing the burden of proof on a patient seeking to recover for negligent medical injury.
Claimants in cases involving emergency treatment must prove gross negligence in order to establish liability, a difficult feat. In addition, the burden of proof is also increased, requiring an emergency care claimant to prove his or her case by what is called “clear and convincing evidence.” In essence, the legislature has made it more difficult, much more difficult, to hold emergency care providers responsible for carelessly-caused injury or death.Read more…
Multi-Vehicle Crash on I-75 Kills Two
On November 14, a disastrous chain-reaction accident involving a semi-truck took place on Interstate 75, resulting in the deaths of two people.
According to a report by myfoxatlanta.com, in the early afternoon, a 40-year-old truck driver was heading north on the highway past the Hickory Grove Road overpass when he failed to stop in time for traffic that was slowed due to construction.
His tractor trailer rammed into a BMW, forcing it into a white 2011 Chrysler Town and Country minivan followed by several other vehicles.Read more…
Atlanta Restaurants Serving Thanksgiving Dinner
For many people, Thanksgiving evokes a very specific image: a large family sitting around a long dining table with all kinds of hearty and delicious fare cooked up in the kitchen by Grandma. However, some families simply do not have a good cook. Fortunately, there are alternatives to cooking at home.
In Atlanta, numerous restaurants will stay open for the Thanksgiving holiday and provide traditional meals to busy or kitchen-averse families. Reserve a table at one of these spots so you can celebrate a stress-free Thanksgiving with your loved ones:Read more…
Teenage Girl Killed in Douglas County Car Crash
A report by CBS Atlanta states that a 13-year-old girl lost her life in a two-vehicle crash on the afternoon of October 20. The tragic incident took place on I-20 near the Fairburn Road exit.
According to police officials, the teenage girl, who was a passenger, and two of her family members were heading west when another vehicle attempted to enter their lane and collided into the side of their vehicle. This caused them to careen off road into a wooded area. Their vehicle struck several trees.
The female driver sustained severe injuries upon ejection from the vehicle. A male passenger suffered non-life-threatening injuries. Both adults were taken to Atlanta Medical Center by air transport.Read more…
Road Rage Possibly Led to Tragic Gainesville Auto Accident
CBS Atlanta reports that during the early morning on October 11, Gainesville police received an alarming phone call from a couple who were, at the time, driving a 2006 Toyota Highlander on Browns Bridge Road, west of McEver Road. They reported being followed by a red pickup truck, the driver of which appeared to be in a bout of road rage.
According to the transcript of the emergency call, the 48-year-old male driver of the pickup truck was flashing his headlights in an aggressive manner at the Highlander while bumping the vehicle from behind. He then attempted to pass the couple using the opposite lane. The couple says he was going about 70 miles per hour when the unthinkable occurred.
The pickup truck collided head-on with an SUV going the other way. The SUV was being driven by a 20-year-old woman.Read more…
Tragic I-20 Accident Results in the Death of a Child
On the evening of September 20 in Douglas County, a woman was driving her SUV down the I-20 when she attempted a last-minute exit. The ill-advised maneuver caused the vehicle to flip multiple times, ejecting several children. One, a seven-year-old-boy, was pronounced dead at the scene.
Douglasville policemen who responded to the grisly accident were affected deeply upon arrival. Even the most experienced officers were hit hard by the scene.
“We’ve got officers here that have been here 20 years and it’s the worst accident they have seen,” said a police lieutenant. “A lot of that has to do with the fact that [many of the victims] were children.”Read more…
Paralyzed Man Rescued by Good Samaritans after Serious Ga. 400 Accident
A 60-year-old woman was heading southbound on Ga. 400 near Pilgrim Mill Road when her vehicle struck the back of a truck. She lost control of the car and collided with a van that was going the same way. She did not survive her injuries.
According to a report by ajc.com, three passers-by stopped after they witnessed the crash. One of them was a construction worker who was on his way northbound. Another was an off-duty Dawsonville paramedic. They immediately went to the crash site to see if they could help.
The Good Samaritans saw that a paralyzed man was trapped in a van. The vehicle had smoke rising from its hood.Read more…
Medical Malpractice Suits and the Ineffectiveness of Tort Reforms
The second-highest New York medical malpractice suit payout was recently awarded by a jury to a Long Island family, a staggering $130 million. An $8 million settlement was offered and rejected before the trial was initiated.
The trial, Reilly v. St. Charles Hospital, revolved around a birth gone wrong, where a child was born in 2002 with severe brain injury and cerebral palsy. The jury determined the cause of the injury to be malpractice on the part of the Long Island hospital. The obstetric nurse assigned to the birth missed signs of distress by the baby, an oversight that led to devastating consequences. The plantiff’s attorney argued that the medical errors were preventable, and the jury agreed.
The lawyers who represented St. Charles Hospital expressed discontentment with the trial’s outcome and pushed for more tort reform. Unlike 29 other states, New York does not limit the amount a claimant can be awarded for pain-and-suffering. The state also has a less restrictive statute of limitations for medical malpractice suits.Read more…
Georgia Distracted Driving Conference to Take Place on September 14
According to a report by the Department of Transportation (DOT), in 2009, around 5,400 people nationwide were killed in distracted driving accidents and thousands more suffered injuries. These alarming statistics have pushed many organizations and agencies, both public and private, to engage with the public and inform them of the dangers of distracted driving.
The National Organization of Youth Safety (NOYS) is getting ready for the Georgia Distracted Driving Conference, which will take place at The Classic in Athens, Georgia on September 14 from 10 a.m. to 4 p.m. The gathering will feature informational presentations on the dangers of distracted driving as well as discussions on how to spread awareness of distracted driving and encourage safe driving habits among the youth.Read more…
Atlanta Falcons Team Physician Explains How Spinal Cord Injuries Can Occur
On August 16, a Creekside High School football player took a fatal hit to his neck during scrimmage, according to a report by CBS Atlanta. A medical examination determined that the impact had fractured his third vertebra.
Dr. Brandon Mines, an associate with Emory Sports Medicine Center who is also a pro football team physician, said spinal cord injuries (SCI) can never be predicted, and the only way for athletes to prevent them is to take every precautionary measure.
The spinal cord is vital to the functions of the body. While SCIs are rare, they have the potential to be fatal.Read more…
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