Personal Injury

Published on: August 15, 2012

Could Vitamin D Supplements Be the Secret to Preventing Fall Accidents?

Fall accidents are extremely serious, especially when they involve the elderly.It is estimated that between 30% and 40% of all seniors will suffer a fall accident at least once every year.Our Atlanta slip and fall attorneys agree with research that also shows that many of these persons will never recover from their injuries, and many will have a much higher risk of dying in the 12 months following the fall accident.

Treatment for falls and fractures may be routine in the rest of the population but in the elderly, treatment is far more complicated and hard to predict.It’s the reason why it is so important to prevent fall accidents involving the elderly in the first place.

New research seems to suggest that daily doses of vitamin D supplements could actually help reduce the risk of fall accidents involving senior citizens.The research, which was published recently in the Annals of Internal Medicine, found that a daily dose of vitamin D supplements helped reduce the risk of fall accidents by as much as 17%.In the study, the subjects were given vitamin D supplements of around 800 international unit per day.The risks of suffering a fall accident was substantially reduced compared to people who did not take the supplements.

Published on: July 27, 2012

Claims Software Allows Insurers to Lowball Accident Victims

by Robert N. Katz, Esq.

A recent report by the Consumer Federation of America shows that some insurance companies are using claims software that allows them to manipulate payments, thereby paying consumers less than they deserve after an accident.

The report found that popular injury evaluation software used by many insurance companies comes with provisions that allow the insurers to ‘lowball’ consumers.These software programs include the CSC Colossus package which allows insurers to manipulate claims payments.The software can be used to reclassify injuries as less than serious, compared to the diagnosis of a doctor.

Over the past 15 years, many insurance companies in the United States have implemented such software to streamline claims processing procedures.However, as this report indicates, the claims processing software may have more useful benefits than merely efficiency.The report concludes that the claims processing software has allowed many insurance companies to increase profits by lowballing consumers, and reducing the amount that is actually paid to consumers who file injury claims.

Published on: July 24, 2012

Research Indicates Motorcycle Helmets Reduce Risk of Facial Injuries

by Robert N. Katz, Esq.

It is widely accepted that motorcycle helmets don’t just reduce your risk of dying in an accident, but also reduce the risk of serious or life threatening brain injuries.New research, however, now indicates that helmets may also have other benefits.They dramatically reduce the risk of suffering serious injuries to the face.

What’s more, it’s believed that motorcycle helmets do not need a face shield in order to reduce the risk of facial injuries.Even motorcycle helmets without shields, the researchers believe, can afford greater protection to the face.

The researchers studied data that came from the National Trauma Data Bank.The data involved approximately 46,000 motorcyclists who were involved in accidents, and suffered injuries that were serious enough for them to be taken to the hospital.Approximately 75% of all the motorcyclists in the study were wearing helmets at the time of the accident.The researchers found that motorcyclists who were wearing helmets had a 60% reduced chance of suffering facial injuries to the nose, jaws and other parts of the face, compared to motorcyclists who were not wearing a helmet.

Published on: March 22, 2012

Nursing Home Resident Killed in Fight, Nursing Home Abuse Lawsuit Likely

by Robert N. Katz, Esq.

A state report blames a nursing home that failed to supervise two residents who had a history of altercations with each other, for a fatal fight that killed one of the residents.Unfortunately, nursing home abuse situations often arise due to inadequate supervision of residents and/or inadequate training of staff to evaluate the potential for resident-on-resident attacks. As nursing home abuse attorneys know, these attacks can often turn deadly.

Atlanta nursing home abuse lawyers have known for a long while that Georgia struggles with providing a safe environment for nursing home residents.In 2002, a report by the American Medical Association found that nursing home abuse problems in Georgia were at crisis levels.In fact, during this period of time, nursing home abuse claims in the state rose not just in frequency, but also in the severity of injuries involved.

Often, elder abuse in nursing homes can be traced to a shortage of staff.Many nursing facilities deal with low reimbursement rates by cutting back on staff numbers, and therefore, eroding the quality of care.As a result, there are fewer numbers of staff members to pay individual attention to senior residents, many of who are in delicate health.

Published on: February 4, 2012

ProPublica Exposé Reveals Nursing Home Abuse Related Deaths Rarely Investigated

by Robert N. Katz, Esq.

According to a new exposé by ProPublica, an unknown number of senior citizens who die in nursing homes around the country may have died due to nursing home abuse.However, their families may never know because investigations into such a wrongful death are rare. Nursing home abuse attorneys are well aware of the serious nature of the problem. When investigating these matters, we often find that the nursing home has been active in trying to cover up the abuse, rather than conducting an honest investigation which uncovers the issue and provides useful information to improving the care they provide.

As part of the exposé, the team at ProPublicainvestigated coroner and medical examiner’s office records, and looked at the number of sudden and unusual fatalities at several nursing homes.They found in their investigations that in cases involving seniors who die suddenly, or under any kind of suspicious circumstances, there is no guarantee of any investigation into the death.ProPublicahas reached several conclusions that point to systemic flaws.

For instance, when a senior death is reported as natural, coroners and medical examiners very rarely investigate it.However, the fact is that very often, doctors make errors in judging whether a death is natural or not.In one study conducted in 2008, approximately 50% of doctors were not able to correctly identify the cause of death for an elderly patient who had died after a brain injury that occurred as a result of a fall accident.What this means is that an unknown number of deaths in nursing homes are probably being classified as natural deaths, when they are anything but.

Published on: January 13, 2012

Columbus Toddler Recovering after Dog Bite Attack

by Robert N. Katz, Esq.

A two-year-old girl in Columbus is recovering after a ferocious dog bite involving a Rottweiler. Unfortunately, dog bite attacks are all too common today. As a personal injury attorney who has regularly handled dog bite cases, I know that these animal attacks often result in serious and permanent personal injury to the victims. There have been a number of dog bite incidents which have resulted in the wrongful death of the individual.

The attack occurred on Friday afternoon, when the toddler was walking home with her grandmother.She saw the dog behind a fence, and wanted to play with it.By the time the grandmother could reach the little girl, she had already opened the door, and was playing with the dog.The animal attacked her, leaving her with several bite wounds and ripping off part of her scalp.

The toddler had to be rushed to the hospital, where doctors worked to reattach her scalp.She needed several skin grafts.She’s also expected to require more surgery to sew more skin back on.Police don’t expect to file any charges at this point.The dog has been taken into animal control’s custody.

Published on: January 4, 2012

Lack of Transparency in Georgia Hospital Safety Records Concerns Medical Malpractice Lawyers

by Robert N. Katz, Esq.

While other states around the country have ushered in an era of transparency in hospital safety information, making important safety records easily available to the public, the state of Georgia has lagged behind.The state has strict restrictions on public accessibility to information on aspects of patient safety that include patient suicides, sexual assaults that occur in a hospital and surgical errors.There is very limited access to such information.

The Atlanta Journal-Constitution is using the case of twenty-seven-year-old Matthew Reese to illustrate the point that Georgia’s hospitals need to be more forthcoming about offering information to the public.Reese died in September this year, committing suicide by hanging himself from a hospital bed sheet.He was a transsexual, and had been admitted to the SummitRidge Hospital in Lawrenceville.Friends say that he had been talking about taking his own life.Georgia State officials are expected to investigate whether mistakes made by SummitRidge Hospital contributed to Reese’s death.

However, Atlanta medical malpractice lawyers and patient safety groups will not be able to access the results of the inquiry or its conclusions.The atmosphere of secrecy that surrounds hospitals in Georgia is in marked contrast to that around the country.

Published on: December 14, 2011

Woman, Children Injured in Georgia Truck Accident

by Robert N. Katz, Esq.

Four people, including a woman and three children were injured in a truck accident in Loganville, Georgia.The accident occurred on Friday when a tractor-trailer crashed into an SUV. According to police, the truck accident occurred at an intersection when the tractor-trailer struck the SUV in the left rear quarter panel.Witnesses at the scene have confirmed to police that the SUV driver had the green light.Police have charged the tractor-trailer driver with failure to obey a traffic control device.The female driver of the SUV has also been charged with failure to restrain a child.Her three children were in the car, an eleven-year-old, a ten-year-old and fourteen-year-old, were taken to a hospital.

Failure to obey traffic laws is important for any motorist, but these failures can be critical and can have devastating effects when they involve tractor-trailer drivers.Drivers of these massive commercial trucks are at a high risk of causing an accident when they run red lights, tailgate or break other traffic rules.The risk to motorists in the vicinity of a truck is high because drivers of smaller vehicles involved in an accident with a tractor-trailer are at a much higher risk of being injured.As truck accident attorneys know, an overwhelming majority of accidents that involve a tractor-trailer and a smaller passenger vehicle end with serious personal injury or wrongful death of the occupants of the smaller vehicle.

Those are frightening odds for any motorist to beat, and tractor-trailer drivers must always keep that fact in mind.Further, tractor-trailer drivers must avoid dangerous behaviors like speeding or distracted driving.Speeding is believed to be the number one factor in commercial truck accidents in the United States, contributing to more accidents every year than drunk driving or distracted driving.Driving at speeds beyond the posted limits for commercial trucks, or at speeds that are inappropriate for current traffic, weather conditions, can lead to devastating accidents.

Published on: October 24, 2011

Increased Truck Weight Limits in Georgia Could Increase Risk of Serious Injuries in Truck Accidents

by Robert N. Katz, Esq.

As more and more states in the country begin to experiment with increasing weight limits for trucks in order to improve trucking efficiency, trucking companies, truck safety groups and Atlanta truck accident attorneys are watching these developments with interest.From a safety point of view, there is nothing to recommend an increase in truck weight limits, no matter how much these increase efficiency. Truck accidents are some of the most dangerous and deadly accidents on our roadways. A significant portion of these accidents result in serious personal injury and wrongful death.

Several states have authorized higher truck weight limits, allowing an increase on the weight of 18- wheelers from 80,000 pounds to 97,000 pounds.Congress is also debating such increases in weight limits.Unfortunately, during a recession, calls for increases on truck weight limits have grown louder, because of the potential benefits to the trucking industry.

According to advocates for an increase in truck weight limits, such an increase will increase efficiency and productivity, lowering the number of trips needed for transportation of cargo.According to them, higher truck weight limits may also lead to lower strain and wear and tear on highways, and reduced maintenance and repair expenses.However, the number one factor behind the trucking industry’s support of increased truck weight limits is the fact that these are expected to save the trucking industry billions of dollars every year.

Published on: October 21, 2011

CDC to Develop Guidelines for Managing Sports-Related Brain Injuries In Students

by Robert N. Katz, Esq.

Atlanta personal injury lawyers have been encouraged to note the increasing focus on mild traumatic brain injuries or concussions in student athletes.The Center for Disease Control and Prevention may soon develop guidelines to be used for the treatment of student-athletes with concussions. A number of lawsuits have arisen out of personal injuries and wrongful deaths which occur during a sports event or in practice. Our firm is currently involved in one such case. Unfortunately, contact sports, while entertaining to watch, can be life changing for the athletes.

According to New Jersey Sen. Robert Menendez and Rep. Bill Pascrell, the Centers For Disease Control And Prevention has agreed to develop nationwide guidelines to be used for the management of sports-related concussions in student-athletes.Both of these lawmakers had sponsored a bill that would have made adoption of such protocols mandatory for all states.However, that bill has stalled in the Senate.

Some states have adopted guidelines to be followed by schools, coaches and other interested parties, whenever students suffer from concussions during play.However, there are no national standards in place, and considering the kind of effects from repeated concussions that we’re seeing now in professional football players, it is extremely urgent that we develop suitable guidelines to manage such concussions in student-athletes too.