Marietta Injury Lawyer Blog

Is it Malpractice if a Hospital Makes You Wait Too Long to Receive Treatment?

September 4, 2017 | Benjamin S. Persons, IV

We often think of medical malpractice in terms of direct negligence by a physician or other health care provider, such as a surgeon making a critical mistake while performing a procedure and permanently injuring the patient as a result. Not all malpractice is about what a provider does. In many cases it is about what the provider has not done, or more precisely, what it fails to do in a timely manner.

Consider the well-documented issue of waiting times just to receive critical medical care. This is a problem that plagues both public and private healthcare providers. According to a 2016 MSNBC report, the average wait time for care at Department of Veterans Affairs (VA) facilities is about 21 days. Meanwhile, a 2014 review of hospitals in the Atlanta area are found an average wait time of 24 days for family practice doctors and 14 days for all medical specialties.

McKinley v. United States

How Uninsured Motorist Coverage Protects You Following an Accident Caused by a Drunk Driver

August 31, 2017 | Benjamin S. Persons, IV

Each year more than 300 people die on Georgia roadways in drunk driving accidents. While prosecutors can file criminal charges against the drunk driver, that does not compensate victims and their families for their losses. Unfortunately, in many cases the drunk driver either has no insurance or lacks sufficient coverage to fully compensate the victims.

This is where uninsured and underinsured motorist (UM/UIM) coverage can come into play. Under Georgia law, all auto insurance providers must offer UM/UIM coverage as part of their standard policies. The customer has the option to decline such coverage, but must do so in writing. While you are free to purchase any amount of UM/UIM insurance that an insurer offers, state law sets minimum coverage at $25,000 for bodily injury per person (or $50,000 per accident). In many cases, it is a good idea to purchase significantly more coverage, as the damages from an accident can easily exceed $50,000, especially if there is serious injury or death.

Allstate Property and Casualty Insurance Company v. Musgrove

Savannah Homeowners Association Not Liable in Swimming Pool Death of Child

August 25, 2017 | Benjamin S. Persons, IV

According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

Federal Court Rejects Lawsuit Over Metal Shavings Left in Surgical Patients’ Brains

August 18, 2017 | Benjamin S. Persons, IV

One of the medical horror stories you often hear about is a surgeon negligently leaving an object inside of a patient. In fact, this is quite a common problem. According to a 2012 report from Johns Hopkins University, surgeons in the United States “leave an object in a patient at least 39 times a week.” And it may be months or even years before the patient learns about it.

In fact, Georgia’s medical malpractice laws expressly contemplate such scenarios. Normally, a patient has two years from the date of a medical procedure to bring a malpractice case. When a “foreign object has been left in a patient’s body,” the patient has one year from that date of discovery to bring a claim, even if it falls outside the normal two-year statute of limitations.

Nassar Cure v. Intuitive Surgical, Inc.

Can You Sue Someone in Georgia for an Injury That Occurred in a Foreign Country?

August 11, 2017 | Benjamin S. Persons, IV

Georgia courts enforce strict jurisdictional requirements when it comes to personal injury lawsuits. This means you cannot proceed with a case unless the court has both the appropriate subject-matter and geographic authority over the parties. Even when a case does satisfy all jurisdictional requirements, a court may still refuse to hear if there is another, more “convenient” forum available to resolve the dispute.

La Fontaine v. Signature Research, Inc.

This is known as the doctrine of “forum non conveniens.” Under Georgia law, a court may “decline to adjudicate” a lawsuit whenever it “finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state.” This rule, formalized by legislation in 2005, superseded earlier rulings by the Georgia Supreme Court on this subject.

Failure to Recall Exact Location of Accident Dooms Atlanta Victim’s Lawsuit

August 6, 2017 | Benjamin S. Persons, IV

After you have been in an accident, it is critical to gather as much information as you can about what happened. Every little detail may prove crucial if and when you file a personal injury claim against the responsible parties. If possible, you should use your smartphone to take photos of the accident scene and take down the names and contact information of any witnesses. Most importantly, write down every detail that you can remember. Memory becomes more unreliable as time passes, especially if you have been seriously injured, so never assume that you will accurately recall key facts later.

All of these admonitions are even more important if your accident involved negligence on the part of a state or municipal agency. Under Georgia law, before pursuing any personal injury claim against the government, you must first provide an advance (or ante-litem) notice to the relevant agency “stating the time, place, and extent of the injury, as nearly as practicable.” If a victim does not make this notice within six months of the accident, he or she cannot pursue their claim in court.

Williams v. City of Atlanta

Georgia Court Refuses to Enforce Nursing Home Arbitration Agreement

July 31, 2017 | Benjamin S. Persons, IV

Many nursing care facilities in Georgia pressure their residents to sign arbitration agreements. This means that in the event of a dispute, such as allegations of negligence or abuse against the nursing home, the resident waives his or her right to seek a jury trial and instead must allow an arbitrator to hear the case. Nursing homes and other health care providers prefer arbitration because it can limit a victim’s right to discovery–i.e., to seek evidence of abuse or neglect, and the final decision cannot be reviewed in court.

United Health Services of Georgia, Inc. v. Alexander

Judges will enforce nursing home arbitration agreements even when the terms are unfair to residents. But what happens when a family member signs an agreement on behalf of a deceased resident? The Georgia Court of Appeals recently addressed such a case.

Is a Settlement Binding if the Insurer Mails the Check to the Wrong Address?

July 28, 2017 | Benjamin S. Persons, IV

Dealing with insurance companies following a car accident often involves a good deal of back-and-forth negotiations. If you are the victim seeking compensation, you have the right to make a conditional offer, that is, to release some or all potential claims against the insured person in exchange for a timely payout. Typically this payout will be for the maximum benefits provided under the insurance policy.

Grange Mutual Casualty Company v. Woodard

What if you condition a settlement offer on receiving payment the insurer sends but is not received by the specified deadline? A federal appeals court in Atlanta recently addressed this question in a case arising from a tragic 2014 car accident here in Marietta.

Georgia College Not Liable for Study Abroad Drowning Death

July 22, 2017 | Benjamin S. Persons, IV

When you visit a public pool or are invited to use a private pool, the operator assumes a certain duty to “exercise ordinary and reasonable care for the safety” of you and any other guests. This means, for instance, if someone drowns in the pool due to improper maintenance or a lack of safety equipment, the pool operator may be legally liable. But what happens when someone drowns in a public body of water such as an ocean?

Downes v. Oglethorpe University, Inc.

The Georgia Court of Appeals recently addressed this question in the context of a wrongful death lawsuit. The victim was a college student who died while participating in a study abroad program. The parents sued the school, alleging its negligence led to their son drowning in the Pacific Ocean.

Georgia Supreme Court Revives Bus Accident Lawsuit

July 16, 2017 | Benjamin S. Persons, IV

While personal injury cases arising from motor vehicle accidents tend to involve cars or trucks, it is important not to overlook other kinds of vehicles such as buses. For instance, the Atlanta Journal-Constitution reported last December that there were “more than 700 accidents” involving school buses in Metro Atlanta during 2016–a rate of nearly two per day. These accidents resulted in over 300 injuries to students and teachers.

Croy v. Whitfield County

Bus operators, including school districts and public transit agencies, can be held liable for damages when driver negligence leads to passenger injury. Personal injury lawsuits against public agencies in Georgia are often complicated by additional notification requirements. Since the State of Georgia and its political subdivisions are normally immune from personal injury claims, plaintiffs must strictly comply with these requirements just to have their cases heard.