Personal Injury

Published on: September 1, 2018

Don’t Miss the Deadlines for your Personal Injury Claim

After someone has been injured in an accident, or due to someone else’s negligence, most people are focused on seeking medical treatment, recovering, and getting their life back on track. One of the last things on their minds it making sure that they file a lawsuit on time. However, filing your injury claim on time is one of the most important steps you can take to protect your rights after an accident.

In a recent case in Pennsylvania, a court denied a woman’s lawsuit for personal injuries sustained when a sponge was left inside her following a surgery. The judge in that case found that the woman waited too long, almost 11 years after her surgery, to file her lawsuit. Therefore, her case against the defendant doctors was dismissed.

Each state has different deadlines by which a personal injury lawsuit must be filed. The time period to file a lawsuit is referred to as the statute of limitations.

Published on: August 15, 2018

50 Percent of Parents Text While Driving With Children

by Robert N. Katz, Esq.

Georgia recently passed the Hands-Free Law that prohibits all motorists from driving with a handheld electronic device. However, most would be surprised to know that an astonishing number of parents admit to setting poor driving examples for their children by using cell phones and communication devices while driving.

According to the results of a study which was published in the journal Pediatrics recently, about 50 percent of parents admitted to regularly talking on their cell phones while driving with their children. About 1 in 3 admitted to texting while driving, and 1 in 7 admitted to using social media while driving. The children in these cases were between 10 and 14 years of age – impressionable minds that absorb their parents’ examples and behavior.

What’s worse, but not too surprising, is that these parents were also likely to engage in other equally harmful driving practices, whether their children were in the car or not, such as failure to wear seatbelts or driving under the influence of alcohol. About 14.5 percent of the parents included in the study failed to place their child in child safety systems while driving. The study also found a direct link between the rates of driving under the influence of alcohol and irresponsible cell phone practices at the wheel.

Published on: May 30, 2018

Pedestrian accidents are on the rise.

by Robert N. Katz, Esq.

It is no secret that pedestrian fatality numbers in the state are on the rise. According to the Governor’s Office of Highway Safety, in 2017 alone 1,454 pedestrians died in accidents across the Georgia.

As the number of pedestrian accidents in Georgia continues to increase every year at least, one community is taking firm steps to reduce those deadly statistics. The Governor’s Office of Highway Safety recently lauded the community of Macon for the steps that the city is taking to reduce pedestrian fatalities. The Governor’s Office of Highway Safety recently announced a grant of $20,785 to the city of Macon and its On the Move campaign.

The city of Macon has seen more than its share of pedestrian accident fatalities. In fact, it was recently ranked second in Georgia in the number of pedestrian fatalities per capita. In response to those alarming statistics, the city’s administrators have put their heads together to announce a new initiative. The Macon Commissioner recently formed the Macon-Bibb Pedestrian Safety Review Board to analyze pedestrian accident fatalities across the community. One of the Board’s first initiatives is the Cross the Walk campaign. The campaign is designed to inform and educate people about safe and responsible ways of crossing the street.

Published on: April 26, 2018

Is Climate Change Linked to Increasing Traffic Accident Deaths?

by Robert N. Katz, Esq.

Climate change has been in the news for years now regarding its effects on weather related tragedies. From eroding coastlines, rising poverty levels and soaring temperatures -climate change is blamed for an entire range of global disasters. Every region on the globe, including Georgia, has seen dramatic shifts in its weather. However, could these changes in weather also be linked to increasing highway accident fatality numbers?

It appears that they could. Traffic safety experts have been trying to understand why road accident fatality numbers have been increasing since 2015, after several decades of a downward trend in fatality numbers. Earlier, safety experts focused on increasing rates of cell phone use by motorists as the leading factor causing this increase. However, they were later able to debunk that theory because there was no increase in smartphone use during the period of time that they studied. They then changed their focus to another possible factor-the weather.

Temperature increases are likely to be at least partly the reason why we are seeing an increase in the number of people dying in traffic accidents. Warmer weather simply means more people out on the road. People drive, walk, bicycle and ride their motorcycles more in warmer weather, than in wet or snowy weather. The experts found in their analysis that pedestrians, bicyclists and motorcyclists – people who are much more likely to be out walking, riding or bicycling during warmer weather – accounted for a large percentage of traffic accident fatality fatalities during the study period.

Published on: March 21, 2018

Driving with Diabetes: Accident Risks and How to Navigate These

by Robert N. Katz, Esq.

According to the most recent statistics, more than 100 million Americans suffer from diabetes or have pre-diabetes. In Georgia, almost 1.2 million people suffer from diabetes, and an estimated 241,000 have diabetes but don’t even know it.

Suffering from diabetes can place a driver at risk for certain symptoms that can increase their chances of being in an accident. A person who suffers from diabetes may suffer from sudden low levels of blood sugar that can cause symptoms such as disorientation and confusion. This could trigger a potentially devastating medical emergency at the wheel.

Clearly, there are many motorists in who are driving under the ever-present risk of having a medical emergency at the wheel. Persons who suffer from diabetes may continue to drive, but it is important for them to understand if their symptoms are so severe that it could impact their safety and increase their accident risk. No one suggests that diabetics avoid driving. However, as with several other medical conditions, it is important for you to know if your symptoms are so severe that they could possibly cause you to black out or become disoriented.

Published on: February 21, 2018

Georgia Hospitals Rank at the Bottom of the List In Patient Safety

by Robert N. Katz, Esq.

In a 2017 report from Leapfrog Group, Georgia hospitals were listed near the bottom of the list at 40 out of 49 when it comes to patient safety. On the bright side, 14 Georgia hospitals were rated “A, ” and none of Georgia hospitals received an “F” rating.

The Leapfrog rankings are based on hospital performance in the prevention of medical errors, injuries and infections. As part of the report, grades were assigned to more than 2,600 hospitals across the country. Grades were assigned from “A” to “F,” and approximately 1/3^rd of the hospitals were graded as “A.” Leapfrog also handed out more than 660 “B” grades, 964 “C” grades and 159 “D” grades. 15 hospitals were rated “F. “

According to Leapfrog, errors, accidents, infections and injuries are some of the leading causes of injuries and fatalities in American hospitals, and patients deserve to know how the hospitals in their neighborhoods performed on important patient safety parameters.

Published on: December 12, 2017

Top 10 Dangerous Toys to Avoid This Holiday Season

by Robert N. Katz, Esq.

From choking and suffocation hazards to burn risks, there are a number of ways that the toys on this year’s list of most dangerous toys of 2017 can harm your child. The consumer watchdog group World against Toys Causing Harm has made the job gift giving easier by compiling a list of the most dangerous toys this season. There have already been countless children injured in Georgia by these dangerous toys. If you’re considering buying any of the following toys as gifts, you may want to reconsider.

According to World against Toys Causing Harm, as reported by Consumer Reports, the toys on this year’s list are dangerous for a number of reasons.

The Hallmark Itty Bitty Baby Stacking Toy-These toys can pose a serious choking hazard to children. The Consumer Product Safety Commission recalled these toys in August 2017, but parents can still access these toys online.

Published on: November 28, 2017

Stricter State ATV Laws Can Prevent Child Injuries

by Robert N. Katz, Esq.

ATVs are the most popular off-road vehicles. However, these vehicles are far too heavy and bulky for children to handle. ATV vehicle use is linked to more than 3,000 fatalities in the United States over a span of three decades. More than 50% of these fatalities involved children.

The state of Georgia has some of the highest rates of ATV accidents involving children in the country. Lawmakers must invest time and resources in enacting legislation that sets restrictions on children’s use of all-terrain vehicles and other off-road vehicles.

Children below the age of 16 should not be allowed to operate ATVs. Unfortunately, far too many parents believe that it is safe to let their children operate such a heavy vehicle not realizing that it poses a tremendous risk of severe injuries in an accident.

Published on: November 14, 2017

Georgia Lawmakers Consider Anti-Distracted Driving Measures

by Robert N. Katz, Esq.

Lawmakers in Georgia are looking closer at steps that can be taken to strengthen the state’s laws targeting distracted driving in order to reduce the number of accidents involving electronic distractions.

In 2016, there were more than 1,500 fatalities on Georgia highways, a one-third increase from 2015. It’s not clear how many of those fatalities were directly linked to the use of electronic devices while driving. However, it is very likely that the overall national increase in traffic accident fatalities is directly linked to more motorists using cell phones and texting while driving.

In fact, statistics show that just in last year alone, the Georgia Department of Driver Services issued more than 3,800 citations to motorists who were found using phones while driving. That was an increase of more than 30% from 2015.

Published on: September 7, 2017

Benefits of Oxygen Therapy for Brain Injury Patients

by Robert N. Katz, Esq.

For years now, proponents of hyperbaric oxygen therapy have claimed the therapy can significantly help reduce the risk of long-term brain damage in persons who have suffered a brain injury. Recently, a case study of a brain-damaged three-year-old child who recovered significantly after being administered the therapy offered support for these claims. The hope is that the approach described in the case study will help other individuals who have suffered a severe brain injury. These types of injuries are common in motorcycle accidents as well as any collision which occurs when vehicles are traveling at a high rate of speed.

Claims of the benefits of hyperbaric oxygen therapy have been met with skepticism for many years, because its proponents have found it difficult to explain exactly why the treatment works in helping reduce brain damage after an injury. When these claims arise in litigation, the experts are often challenges under Daubert, a federal case that has nationally redefined when expert testimony is admissible or should be excluded. However, a number of recent studies have found that even a single session of hyperbaric oxygen therapy can significantly impact tissue recovery rates in a person with brain damage. Each session of hyperbaric oxygen therapy reduces cell death and inflammation, and boosts recovery, cell growth and repair rates. That can be seen in the rate of recovery of persons with brain damage. These studies may alter the admissibility of expert testimony since Daubert requires general scientific acceptance of principles to which an expert is testifying in court.

Experts point specifically to a recent case involving a three-year-old child who was found unconscious and unresponsive in her family swimming pool. The child had been deprived of oxygen for several minutes, and had suffered significant brain damage. There were signs of brain shrinkage, and loss of gray matter. Around two months after the injury, the child was administered hyperbaric oxygen therapy, and her doctors and parents noticed an improvement within 10 sessions of the therapy.