Personal Injury

Published on: January 13, 2012

Columbus Toddler Recovering after Dog Bite Attack

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.

Published on: October 17, 2011

Bionic Leg That Allows Accident Amputees Greater Movement Soon to Be Commercially Available

by Robert N. Katz, Esq.

Car Accident victims in Georgia, who have suffered limb amputations, may soon be able to enjoy greater freedom of movement through a prosthetic limb that will soon be commercially available.The bionic leg is manufactured by a Massachusetts-based company called iWalk.Until now, the device was only available to members of the military, but will soon be available to civilians through providers across the country. Given the serious consequences of this type of personal injury, the use of this new technology is very welcome.

This prosthetic device boasts of an advanced design that uses robotics to imitate the muscles and tendons of the human foot, including the Achilles’ tendon and heel.Veterans of the US military, who have been injured during combat in Iraq and Afghanistan, have had access to these bionic legs for a while now.The US military has invested in developing more advanced and scientifically-proven prosthetic devices that can mimic the natural movement of the human limb.Amputations of limbs are some of the most frequent injuries among veterans, and in fact, according to recent reports, the number of such amputations involving veterans has actually increased.

Earlier prosthetic limbs were cumbersome and provided limited mobility. This prosthetic device is advanced enough to allow wearers to climb stairs, and walk up and down slopes with ease.With earlier devices, such movements were not possible.Veterans who have been fitted with this bionic leg have found that it is close to the actual working of the human foot.

Published on: October 7, 2011

Seatbelt Failures Can Amplify Car Accident Injury Risks in Georgia

by Robert N. Katz, Esq.

Seatbelt failures happen more often than most drivers think, and when these do occur, motorists may be at a serious risk of personal injury.Honda has now announced the recall of more than 311,000 vehicles because of potential seatbelt failure problems. Airbag and seatbelt failures are regular complaints received by accident attorneys nationwide.

The recall involves certain Pilot SUVs from model years 2009 to 2011.According to Honda, these vehicles may have a problem in the way that their seat belts have been sewn together.The stitching at the end of the lap belt on both the driver and front seat passenger seatbelt may not be complete, and the seatbelt may be at risk of coming loose from the anchor webbing during an accident.A person who is poorly restrained in a defective seatbelt like this is at a serious risk of traumatic injuries in an auto accident.

Honda has informed the National Highway Traffic Safety Administration that it has received two complaints about the defective seatbelts.One of these incidents involving a defective seatbelt occurred in 2010, while the other occurred this year.Honda owners whose vehicles are included in the recall are required to visit their dealers as quickly as possible, for an inspection.If necessary, the seatbelt will be replaced free of charge.Approximately 310,773 vehicles are included in the recall.

Published on: October 5, 2011

Killer’s Family Can Sue Georgia Psychiatrist for Medical Malpractice for Discontinuing Medication

by Robert N. Katz, Esq.

In a groundbreaking ruling, the Georgia Supreme Court has ruled that the family of a man, who stabbed his mother to death, can proceed with a lawsuit against the psychiatrist who discontinued the man’s medications.It has long been the law in Georgia that third parties who suffer a personal injury or wrongful death due to a psychiatrist failing to properly treat a patient can recover damages. However, this case adds a new twist in that the family of the patient and the victim are the same. The decision is important because it now allows families most directly impacted by the conduct of a patient to retain a medical malpractice attorney and sue the psychiatrist.

The case involves Victor Bruscato, who was undergoing psychotic treatment by Derrick Johnson O’Brien.The doctor had placed Victor on antipsychotic medication, but decided to discontinue two of the most powerful medications when he became concerned that Bruscato was showing signs of another dangerous syndrome.

In August 2002, Bruscato attacked his mother with a battery charger, causing her severe head injuries and stabbing her seventy-two times.He was charged with murder, but was judged incompetent to stand trial.His father sued the psychiatrist for medical malpractice, alleging that the doctor’s negligence in discontinuing the medication had causes his son’s psychosis to get out of control.The psychiatrist refuted the allegations, saying that Bruscato’s family was not eligible to file a civil lawsuit in a crime that was committed by their own son.

Published on: September 13, 2011

Richmond County Struggles with Increasing Bicycle Accident Numbers

by Robert N. Katz, Esq.

Richmond County, Georgia is inching towards a distinction that it would rather not have – that of being one of the most bicycle-unfriendly regions in Georgia.Bicycle accident wrongful deaths here have been high this year, and Atlanta bicycle accident lawyers and bicyclists in the region are justifiably concerned.

Just last week, a bicyclist was killed in an accident in Richmond County.That death followed another bicycle accident in which the bicyclist suffered serious personal injuries.There were thirty-seven accidents involving bicyclists in Richmond County last year.Out of these, one ended in a death.In 2011, there have been thirty bicycle accidents, with more than four months to go to the end of the year.If things continue in the same vein, then Richmond County looks sets to beat the fatality toll in 2010.

Unfortunately, as with motorcycle accidents and pedestrian accidents, most bicycle accidents also occur as a result of motorist error or negligence.A bicycle has a narrow frame, and a person driving an automobile is likely to miss a person riding a bike unless he is being alert and vigilant.Unfortunately, as Atlanta bicycle accident lawyers notice, there are far too many motorists who don’t bother to stay alert and look out for bicyclists.

Published on: September 8, 2011

Insurance Companies Held to a New Standard on Health Insurance Premiums? Not Exactly.

by Robert N. Katz, Esq.

Georgia’s Insurance Commissioner Ralph Hudgens is going to set insurance companies straight- well, he can try, but likely will not succeed.The piece from the national healthcare reform puzzle which requires insurance companies to justify rate increases will become effective on September 1, 2011.If this change helped to hold down rates, then persons injured in car accidents could better afford the premiums while they are out of work trying to recover. Unfortunately, if you are injured in an auto accident, you are likely to see your health insurance premiums continue to rise. This could be resolved once the new healthcare law’s mandatory provisions take effect. However, as Georgia personal injury attorneys have warned, if the healthcare law is declared unconstitutional thereby eliminating universal coverage, the problem with personal injury victims getting the treatment they need while unable to work will continue indefinitely.

The rate justification requirement forces insurers to publicly post any rate increases over 10% and explain why the increase is reasonable. This 10% rule only applies to policies covering individuals and small businesses. All new double-digit rate filings will be submitted with much more documentation now. It is then left to the state to decide if the increase is reasonable based on health care costs and other factors.

We are relying on this new rate review process to save us from the big, bad insurance company, right? Unfortunately, Georgia law ties the hands of the insurance commissioner’s office by giving him no authority to reject rates submitted by the insurers. The insurance commissioner’s office “enforces and regulates laws enacted by the state legislature under Title 33 of the Official Code of Georgia.”In other words, Georgians will have to rely on unreasonable rate hikes to be handled by the federal government.