Articles Tagged with Atlanta personal injury attorney

All medical care providers are obliged to offer a professional standard of care. From surgeons to dentists to general practitioners to specialists, doctors are judged based on what a competent medical professional with a similar background would have done. If no reasonable doctor with similar experience would have made the mistake the doctor made under the circumstances, a claim may be made for medical negligence.  medical-faculty-1530317

Patients must be aware of the many different types of behaviors that can be considered medical malpractice in Atlanta. Whenever a mistake occurred during treatment, it is imperative for patients to get legal guidance to determine if the error is compensable. If the patient can prove the doctor caused losses due to actionable negligence, the patient or his or her surviving family members can obtain compensation for actual economic losses as well as for compensatory or non-financial damages for things like pain and lost companionship.

Seven Top Causes of Atlanta Malpractice Claims

Many people visit Atlanta every year for work or for pleasure. Staying in hotels is common when visiting the area. Hotels, like other businesses, have a basic obligation to make sure their premise is safe for these visitors. Hotel guests are classified as invitees, so hotel operators have the highest duty under the law to these patrons who come to stay.  Unfortunately, accidents can happen at hotels because those who operate these hospitality businesses do not always maintain the safe environment that is expected of them. premises liability injuries

When an injury occurs in a hotel, contacting an Atlanta premises liability lawyer is important for victims. Visitors to the area who were hurt in a hotel may not live locally, so will need to make informed choices about where and how they can pursue a case for compensation for their damages.

Risks of Accidents and Injuries in Atlanta Hotels

Property owners and those who provide services to the public have a basic duty of care. They must provide a reasonably safe environment.  However, property owners and those offering services do not have the responsibility to guarantee the safety of visitors in all situations.  The question in determining liability is whether the property owner was reasonable in the protections taken to prevent injury. This question is answered by considering many factors. assumption of the risk

One issue that can complicate things significantly is when a victim is engaging in an activity with inherent dangers.  For example, if someone goes skiing, there are natural risks associated with skiing. The owners of ski resorts cannot be responsible every time someone gets hurt at the resort.

The same is true when someone does any other sort of dangerous activity, from boating and water skiing to sky diving or zip lining.  In situations where you engage in inherently risky activities, including when you sign a release of liability, it is important to understand your rights. An experienced Atlanta personal injury lawyer can help you to determine if you can make a case for compensation after an injury in these complex situations.

Lawsuit for medical negligence are common, because errors made by healthcare providers occur far more frequently than most patients would like to think about. When medical care providers make errors, the consequences can be devastating to patients. A patient can face a much more grave prognosis and in many cases, the mistake in care leads to irreversible harm. medical malpractice lawsuit

While any doctor can make errors, there are certain physicians and caregivers who are more likely than others to damage the health of patients.  Medscape has recently reported the results of one survey showing which physicians are most likely to face lawsuits.  Patients harmed by care providers in these or other fields must understand whether they should make a claim after they suffer an adverse health outcome due to botched treatment. An Atlanta medical negligence lawyer can provide invaluable assistance to patients in determining what their options are for pursuing a damage claim.

Which Doctors are Most Likely to Make Medical Mistakes in Atlanta?

Restaurants are supposed to be safe places for patrons to go. Sometimes, however, things go wrong and guests get hurt while they are dining out. Just recently, actress Tori Spelling sustained serious injuries at a restaurant. According to WTOP, Spelling has filed a lawsuit seeking in excess of $25,000 in damages. She claims she suffered a fall due to unsafe property conditions, which caused her to sustain serious burns when her arm hit a hot Hibachi grill.

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Incidents like this can happen to anyone, and many victims of slip and falls may wish to pursue claims against the restaurant as Spelling is doing. If you or someone you love got hurt while dining out, while shopping, or when visiting any public location or even private home, you need to understand your rights under Georgia’s premises liability law.

The Institute of Medicine released a report entitled “Improving Diagnosis in Health Care,” which contains some troubling statistics on the rates of misdiagnosis in American medicine. Researchers preparing the report lamented the fact that there have been inadequate studies done on misdiagnosis, so there is not enough information to assess the impact of this type of error on patient outcomes. However, even with the limited data that has become available on diagnostic errors, it is clear that misdiagnosis of medical conditions is a major problem within the American medical care system. vac-tube-2-1529631

Misdiagnosis can lead to an Atlanta medical malpractice claim. Patients whose conditions are diagnosed incorrectly could experience delays in treatment as their conditions become worse and sometimes incurable. An inaccurate diagnosis could also cause harm to patients who receive the wrong treatment.

An Atlanta misdiagnosis attorney should be consulted when any mistakes in diagnosis are made that cause a condition to worsen or that result in economic and/or non-financial loss to patients.

Slip and falls can happen anywhere. From a broken railing or damaged step at a friend’s house to a slippery floor in a public restroom or store, there are a great many conditions that can cause you to take a tumble. If you do fall down, you could sustain serious injuries including damage to the spine or traumatic brain injury. danger-slippery-surface-1499107

Property owners are responsible for making sure they do not create conditions that exacerbate the risk of a fall or that cause a fall to occur. If you are hurt on someone’s property (whether it is a friend’s home or a store or other public or private place), you need to know what your rights are. A personal injury lawyer in Atlanta can help you to understand how to pursue a case for compensation after a fall so you can recover monetary damages for your losses.

Is it Possible to Prevent Fall Injuries?

A product is recalled when it is determined it presents an unacceptable risk to public safety.  In far too many situations, the product is recalled after someone gets hurt by its use.  When this occurs, an Atlanta defective product lawyer should be consulted by victims who need assistance pursuing a claim for compensation.  Taking legal action in the case of a defective product can allow victims to be fully compensated for all losses arising from the product defect. Because of special strict liability rules applicable when products malfunction and cause harm, a plaintiff in a defective product case should be compensated for damages regardless of whether the product manufacturer was negligent or not. last-hope-1-357957-m

A plaintiff must prove a problem with the product occurred in order to be able to successfully make a product liability case.  Evidence may include expert testimony and studies showing problems with the product. A recall may sometimes be used as evidence in a product liability claim, although recalls do not automatically make manufacturers liable even when presented as evidence.  Recalls can alert consumers to the fact that a product they were using harmed them, so the consumer can stop using the product and can move forward with exploring the possibility of legal action.

What are the Different Types of Product Recalls?

Researchers from the University of South Carolina have published an in-depth report about how better training of certified nurses assistants (CNAs) could make a significant impact on reducing nursing home abuse and neglect.  CNAs provide the vast majority of daily care that seniors living in residential care settings receive. CNAs provide assistance with eating, bathing, dressing, using the bathroom, and doing other routine daily tasks.  Despite the important role CNAs play in a senior’s life, they are often paid very little, have few career opportunities for advancement, and have minimal training.  Most have only a high-school diploma and have completed approximately 75-hours of additional training required for certification.  grandmother-809535-m

When a CNA is neglectful or abusive to a senior in a nursing facility, the victim of the abuse or his or her family members may take legal action against the nursing home employing the nursing assistant. An Atlanta nursing home neglect lawyer can provide assistance in pursuing a damage claim. Nursing homes can be held responsible for negligent actions of their workers, so it is in the best interest of residential care facilities to ensure CNAs receive adequate training.

Proper CNA Training Can Reduce Risks of Atlanta Nursing Home Neglect

A patient who is considering undergoing a surgical procedure at a particular hospital, or considering having a procedure done by a certain physician, probably wants to know if the doctor or hospital has made any serious mistakes.  Hospitals and care providers, on the other hand, have a vested interest in keeping their errors secret so patients still choose them for medial procedures. face-1431793-m

Throughout most of the United States, hospitals and physicians are able to buy the silence of many patients who are harmed by serious medical errors.  9 Investigates looked at the practice of confidential settlements in which hospitals pay out millions of dollars to prevent patients from becoming aware of frequent mistakes and substantial risks to patient health.

Atlanta Medical Malpractice Cases Kept Secret Due to Confidentiality Clauses