Atlanta, Georgia Personal Injury - Plaintiff Blog | Watkins, Lourie, Roll & Chance, PC

Poor Medical Interpretation Imperils Patients

2012-05-16T13:31:53Z

More than 25 million residents of the United States may suffer because they have inadequate translation at medical appointments. This can cause problems, both large in small. On the small end, when care providers cannot clearly understand patient needs, they order unnecessary tests. That creates more expense than is needed to solve medical problems as well.

Problems that are more serious occur when patients are unable to give medical histories, or describe well enough in English the nature of the malady. They also may not clearly understand their physician's questions. When that happens they can get prescriptions to which they have allergies, or prescriptions that cause complications with other conditions or other medication they already take. In the worst cases, they could end up hospitalized or dead because the doctor treated the wrong problem or the lack of understanding caused a surgical error such as an amputation of the wrong leg.

]]> It is the physician's responsibility to make certain that the patient clearly understands the nature of a problem before treating it, yet many patients report insufficient translation for doctor's visits. If this happens at a hospital, it is more than a matter of ethical responsibility. Federal law requires that hospital receiving funds from the U.S. government have appropriate qualified interpreters for the area they serve.

Smaller clinics and private practices that try to provide such services may face another problem. It can be difficult to tell how qualified an interpreter is. Merely studying Spanish, for example, may not be enough. In the United States, that particular language has speakers representing dozens of cultural and ethnic backgrounds.

Different places have regional differences in both pronunciation and colloquialisms. These could conceivably alter the details of what an interpreter understands from what the speaker intends. In addition, medicine itself has a language of its own. Medical interpreters need to know the language and the specialized medical terms to clearly serve a patient's best interests.

Source: Chicago Tribune, "Interpreters in ER may limit medical errors: study," April 17, 2012

Study Finds Haphazard Reporting of Surgical Infections

2012-05-09T13:42:20Z

A report from researchers at Johns Hopkins University School of Medicine, which was published in the Journal for Healthcare Quality, revealed that hospitals have almost complete discretion in reporting infections that occur as a result of surgeries.

The report said that a minority of states-eight states-have laws that require documenting and public disclosing post-operative infections. Even in these states, surgical infections are only reported to the public for 10 surgical procedures-much fewer than the 250 possible types of surgeries.

]]> The authors of the study said that the reasons why hospitals chose to monitor and report the infection data on some surgical procedures over others is unclear. The authors noted that without uniformity and consistency in the what hospitals are required to report, it makes comparing infection rates between hospitals difficult for patients and regulators, creating a false impression on the quality of care of a given hospital.

The study's lead author, John Makary, said that the lack of uniformity in reporting is because of an absence of federally mandated standards. However, Makary noted that hospitals routinely lobby Congress to prevent such standards from being established.

Having a uniform system of infection reporting among hospitals, researchers noted, would empower patients to make better decisions about where they want to be treated, and would pressure hospitals to improve the quality of care to attract more patients. The current system of inconsistent reporting, the study found, is costing the healthcare system $10 billion per year and is responsible for 8,000 patient deaths per year.

Source: Forbes, "Lack of National Reporting Mandate for Hospital Infections Hurts Consumers," Gergana Koleva, April 5, 2012

Federal Law Bans Commercial Drivers From Using Cellphones

2012-05-02T12:38:03Z

A federal law that aims to reduce number of truck and commercial vehicle accidents caused by distracted driving has recently gone into effect. The law, which took effect on January 3, affects about 4 million truck and bus drivers, plus millions of other commercial drivers for businesses both large and small.

The recently passed law prohibits commercial vehicle drivers from using hand-held cellphones while the vehicle is in motion. The ban applies to operators of commercial vehicles- vehicles weighing more than 10,000 pounds and crosses state lines for business purposes or any other vehicle weighing more than 26,000 pounds-which includes all sorts of vehicles from tractor-trailers to delivery trucks.

]]> The ban imposes stiff fines for drivers who violate the law. For each offense, violators face a civil penalty of up to $2,750. If a driver is a repeat offender, he or she can lose their commercial operator's license. Specifically, drivers who commit two serious violations within a three-year period will lose their driving privileges for at least 60 days. If there are three or more violations within three years, the penalty is a suspended license for 120 days.

Drivers are not the only ones who can be penalized under the new law; companies can be punished as well. Any company that allows or requires their employees to use hand-held cellphones while driving the company or other work-related vehicle can be fined up to $11,000. To comply with the law, many companies and organizations are scrambling to implement internal policies prohibiting cellphone use while on company business.

Source: USA Today, "Companies weigh risks of distracted driving," Larry Copeland, April 16, 2012

Experts Clash on Levels of Safety in Youth Sports

2012-04-25T13:34:04Z

Should children younger than 14 play contact sports like football? Two of the world's leading experts on concussion related injuries disagree on the subject.

Any time a person sustains a head injury, there is risk of concussion, and repeated concussions can have serious consequences. If an athlete receives a second concussion before the first has fully healed, it can cause permanent injury or even death.

According to experts, children who play football throughout high school may receive as many as 2,500 sub-concussive hits throughout their careers. A recent study found that the number of catastrophic brain injuries which caused permanent disabilities among high school football players rose to 13 during 2011. This alarming trend has researchers working on ways to make youth sports safer even if they don't agree on the best approach to safety.

]]> The issue at hand is whether the safety skills obtained by experiencing contact early on in life is counterbalanced by risks of injury caused by multiple concussions.

Boston University's Dr. Robert Cantu thinks that sports like ice hockey, lacrosse and tackle football should be off limits to kids under the age of 14 until rules are changed to limit risks of concussions and other injuries stemming from multiple blows to the head.

On the other side is Dr. Kevin Guskiewicz from the University of North Carolina. He believes young athletes need to learn how to deal with physical contact early on when they play against opponents who are the same age and size and that early exposure to proper safety techniques will lead to safer playing later on.

Guskiewicz explains that "the youth league players generally are close to the same size and are about the same age. If you wait until the kids are freshmen in high school, you might have a 130-pound player competing with a 300-pound player. The forces can be tremendous. I believe it is safer for the players to learn at younger ages."

Cantu, who has treated a lot of youngsters with concussions, believes that it is critical to avoid repeated head injuries. "That's where Kevin and I differ," Cantu said. "I'm treating these children and I've seen them miss school for a week, a month, a semester, even a year because of post-concussion symptoms."

Source: Charlotte Observer, "Concussion experts differ on safety in youth sports," Tim Stevens, Feb. 12, 2012

Georgia Bus and Truck Accidents Bring Up Questions of Liability

2012-01-26T13:50:28Z

Atlanta's Cedartown High School wrestling team sustained injuries recently after a tow truck hit the bus they were riding in. The accident happened as the team left a match around 9pm on a weeknight at the intersection of Rome Bypass and Georgia Highway, authorities said.

The driver of the bus received lacerations to the face due to the accident. A dozen to 15 wrestlers among the 42 passengers aboard the bus sustained minor injuries.

Injured parties were staged at a nearby Baptist Church and then taken by ambulance to Floyd Medical Center to be assessed for further complications.

A witness at the scene said the bus was traveling through a green light when the tow truck, traveling in the opposite direction on the same highway, turned in front of the bus and was struck.

]]> Rome Bypass Accident

A second accident on the same highway resulted in several injuries. Briefly after the bus crash, Redmond Regional Medical Center responded to a motor vehicle accident involving a Jeep and a Nissan Xterra.

According to authorities, the Jeep attempted to exit the highway and made a last minute correction back into the lane and hit the front of the Nissan Xterra. Two passengers were taken to RMC as a result of the wreck.

Car Crash Liability Law according to State Bar of Georgia

When a driver is at fault in an accident, the passengers and the driver of the other vehicles in the crash may sue for personal injuries which usually include lost wages.

Motorists with claims filed against them should direct these claims to the insurance provider. Any coverage issues should be discussed with an attorney.

A motorist may make a claim against their own insurance for property damage and personal injury. It's recommended that an attorney assist in making sure any settlement offer is fair and reasonable.

Vehicle damage and other property damage are covered by collision and comprehensive insurance policies. When another motorist is at fault, a person may choose to sue for vehicle damage even in cases where there is no bodily injury claim.

Injured motorists should contact a reputable Georgia personal injury attorney to discuss issues of liability in the event of a car crash.

Source: "Wrestlers hurt when team bus, tow truck collide," Atlanta Journal-Constitution, 11/23/11

Advice for Your Doctor: Wash Your Hands

2012-01-12T15:28:35Z

People in Atlanta hear it all the time. Whether it's your mom or a poster in the restroom, the message is everywhere: Wash your hands after using the bathroom and before eating. Use soap and hot water. And make sure you wash your hands long enough. If anyone asked you, you could tell them all of these things without having to think twice.

So, one would think that doctors would also know when to wash their hands. After using the bathroom, before eating and before going into surgery, right?

Not so fast. A recent study shows that doctors-in-training may not know everything there is to know about hand washing while practicing medicine and operating on patients. Questions posed to medical students in the survey included whether to wash after touching vomit, removing gloves and touching a patient's bed. Of the medical students questioned, only one-fifth were able to get them all right.

]]> What does this mean for you? Improper hand washing by doctors and physicians causes the risk of spreading germs and contagious diseases from one patient to another. This is because much of a doctor's job involves physical contact between a patient's body and the doctor's hands. So, doctors who conduct surgery on someone with one disease and then don't properly wash their hands, could very easily spread germs and cause an infection once their hands come into contact with other patients.

Thus, people who find themselves in the hospital for one reason can end up leaving the hospital with an entirely different problem, all because their doctors didn't know when they should wash their hands.

Because doctors are professionals, they are expected to know more than the ordinary person about the tools of their trade and the safety requirements involved in the medical field. And when a professional, like doctors, falls below the standard of care required in their profession - including proper hand washing procedures - those professionals can be held liable for injuries and damages caused by their lack of knowledge or lack of care.

A doctor falling below the standard of care is known as medical malpractice, and patients who become sick or injured because of a doctor falling below the required standard of care can benefit from an attorney experienced in medical malpractice to help protect their rights and recover any monetary damages for their injuries.

Georgia Highway Construction Highlights Poor Road Conditions

2012-01-05T14:56:45Z

The motorist who crossed the center line and was killed on Mike Padgett Highway has continued to draw attention to the issue of poorly kept roads in Georgia. Because of the highway defect, much-needed improvements to the highway have been scheduled.

The female-driver, age 30, died in the early evening after pulling out of a mobile home park, crossing the double-yellow lines, and striking a logging truck traveling in the opposite direction. According to the coroner, the driver died of blunt force trauma from the collision.

The second passenger in the vehicle was a young child, age 7, who was treated at a local hospital for injuries that were not life-threatening.

]]> Specifics of Mike Padgett Highway Construction Plans

Poorly maintained roads are dangerous for motorists. Mike Padgett Highway is currently scheduled to have around $22 million in repairs. Some of the funding is specifically earmarked for a raised concrete median across the center of the highway.

A concrete median acts as a barrier that is intended to protect against the kind of cross-median crash that killed the motorist in the recent crash.

The highway construction is scheduled for the middle of 2013, according to the Georgia Department of Transportation (GDP). The GDP must first purchase the right-of-way to widen the highway to make room for the median and the new lanes. This is the final implementation of the project that has the start of the construction delayed.

This is an extremely dangerous highway in Georgia. Authorities report that at least two fatalities have resulted each year since 1996 and eight deadly accidents occurred in 2008 alone.

Authorities suggest that motorists proceed with extra caution down this stretch of highway until the necessary changes are put into action.

Dangers of Poor Highway Maintenance

Poorly maintained highways can cause a number of issues. Without proper maintenance, potholes can cause tires to blow-out, especially on highways and at higher speeds. Road markers and lines that are faded or poorly drawn can be disastrous for motorists, particularly in extreme weather conditions and at night.

Lack of designated turn lanes can create erratic breaking and stopping in areas that are meant to have a steady high-speed flow of traffic. All of these maintenance issues create an atmosphere of danger. The chance of serious injuries, property damage and even fatalities generally increase when highways are poorly kept.

Assessing Liability in Georgia Multi-Vehicle Car Accidents

2011-12-29T14:05:20Z

When someone gets hit by a driver who ran a red light, it's pretty clear who was at fault. The same goes for drunk driving accidents or distracted driving accidents caused by texting while driving.

But what happens in a multi-car pileup? Who takes the blame when multiple vehicles are involved in a collision?

Like most accidents, multi-car pileups are governed by the law of negligence. This means that liability is determined by the facts, not by some hard and fast rule.

]]> Generally speaking, fault will be attributed to the driver or drivers who failed to exercise reasonable care when operating their vehicles. The results will be different in every case.

Determining liability is an extremely difficult task, as each driver will often give a different account of the accident. Atlanta auto accident lawyers will usually work with law enforcement, insurance companies and accident reconstructionists to sort out the truth.

Who Pays for the Damage?

At trial, the jury will determine what role each party played in causing the accident. It will assign a percentage of fault to each driver responsible for causing the accident. Each driver will then pay a pro-rated share of the verdict based on his or her fault percentage.

Unlike some states, Georgia does not follow the rule of "joint and several liability." This means that in Georgia car accidents, one driver cannot be forced to pay for another driver's share of the liability.

In some cases, the injured person may share some of the blame for causing the accident. Georgia law will allow that person to recover from other negligent parties, but only if the injured person was less than 50 percent at fault.

Multi-car accidents present complex legal issues. If you've been injured in a multi-car pileup, contact an experienced Georgia car wreck attorney who can help you understand your options.

FDA Finds Contamination, Urine in Cancer Drug Factory

2011-12-22T13:51:38Z

When we take medications, we trust that they have been safely manufactured. Unfortunately, this is not always the case. Sometimes the negligence of a pharmaceutical manufacturer can cause otherwise safe medications to become dangerous prescriptions.

Recently, concerns of this nature were raised about the cancer drug Doxil.

]]> A federal Food and Drug Administration inspection of the plant where Doxil is manufactured revealed a troubling disregard for patient safety. Some of the violations that the FDA discovered included:

A 10-gallon can filled with urine was found in a storage room
Air sampling revealed microbial contamination and the manufacturer could not identify the source
The company could not show that its product meets acceptable levels of sterility
The company was behind on at least 107 required preventative maintenance activities
Quality-control staff lacked proper training, expertise and oversight

Doxil is supposed to be a sterile drug. It is prescribed to patients who suffer from ovarian cancer, bone cancer and an HIV-related cancer known as Kaposi's sarcoma. Many of these patients have compromised immune systems as a result of their illness and its accompanying treatment. An unanticipated bacterial or viral infection could cause serious harm.

To make matters worse, Doxil was in short supply, even before the investigation. Approximately 2,000 patients currently receive the drug, but another 2,240 are on a waiting list.

The wait will now be even longer. Ben Venue - Doxil's manufacturer - has suspended production while it works to remedy the deficiencies.

When manufacturers cut corners on safety, innocent people suffer. We owe our vulnerable citizens better than to provide them with dangerous or defective drugs.

Post-Concussion Syndrome: Every Brain Injury Presents Serious Risks

2011-10-10T18:40:51Z

The aftermath of any catastrophic personal injury can present tremendous challenges for both the injury victim and family members. Spinal cord injuries, amputations and burn injuries can all require long-term care and related medical expenses, but brain injuries can be particularly frustrating.

While the effects of some brain injuries are immediately apparent due to a severe reduction in cognitive abilities and motor function, other injuries can be very difficult to detect and properly diagnose. Post-concussion syndrome is a good example of a brain injury that could be missed without expert medical attention and a thorough review of the circumstances of the accident.

Medical experts define post-concussion syndrome as a "mild" traumatic brain injury caused by a blow to the head. Its primary symptoms - headaches and dizziness - may not develop until up to ten days after a motor vehicle accident, slip-and-fall or construction accident.

]]> Usually, the head injury victim's fogginess will dissipate within a few months, but this disorienting condition can persist for more than a year. In the worst cases, the injured person will be unable to work due to ongoing severe headaches, behavioral changes and loss of focus.

Like any brain injury resulting from an accident caused by another party's negligence, post-concussion syndrome must be watched closely to ensure that the injury victim does not regress or develop symptoms that suggest even deeper problems. Just as important, all personal injury victims should review their legal options with an experienced brain injury attorney to identify all potentially liable parties and pursue compensation for medical expenses, loss of income and other damages.

Fatal Truck Accidents a Major Concern for Atlanta Metro Drivers

2011-08-05T12:20:09Z

Commercial truck accidents can be deadly, and are a major concern for both the National Transportation Safety Board (NTSB) and the trucking industry alike. Both agree that improving safety on the nation's roads and highways is a top priority.

While the number of fatal accidents caused by semis and 18 wheelers has declined recently, federal regulators believe the decline is due to a decrease in trucking traffic brought on by the state of the economy. Once the economy begins to rebound in earnest, the number of truck fatalities is likely to climb once again.

Trucker Fatigue Can Be Fatal

Data collected by the NTSB indicates that driver fatigue cause at least 33 percent of commercial motor vehicle accidents. As a result, new safety rules and regulations have been proposed by federal safely regulators in the hope of keeping unsafe drivers off the nation's roads. Proposals include installing recording devices on commercial trucks that track the amount of time drivers are behind the wheel. Other options include mandatory rest breaks and reducing driver workdays to a 14-hour maximum.

]]> Tips to Remember if You Are in an Accident

Truck accidents can be devastating for victims and their families. Though an accident can be emotionally and physically traumatic, victims should remain as calm as possible. Write down the name of the trucking company involved in the accident and take pictures even if using a cell phone. Gather the names of witnesses and their contact information. If trucking company insurance representative arrives on the scene, make no statements. Seek immediate medical help.

Contact an Experienced Attorney

If you or someone you love has been injured in an accident with a large commercial truck, you may have a right for compensation for medical bills, lost wages and more. For more information, contact a knowledgeable personal injury attorney today.

What Factors Contribute to Serious Auto Accidents?

2011-07-06T17:24:44Z

Traffic fatalities are a horrifyingly common occurrence in the United States. In 2009, the last year where statistics are available, the National Highway Traffic Safety Administration (NHTSA) reported 30,797 total traffic deaths across the country. Although this is the lowest mark since 1950, motorists must still remain vigilant employing every defensive measure possible to avoid becoming one of these statistics whenever taking to the road.

What Human Factors Cause Fatal Auto Accidents?

A variety of factors can contribute to a serious motor vehicle accident. Sometimes, these factors are beyond a driver's control. Other times, however, driver negligence is to blame. Typically, driver negligence can include behavior such as:

Driving while texting, talking on a cell phone, or using another electronic device behind the wheel
Driving while intoxicated
Failing to stay alert to road conditions

If a driver's negligence causes a fatal accident, he may be responsible not only for property damage, but also for the deaths and injuries his actions caused.

]]> What Damages Are Available?

In the event that someone dies because of the negligence of another, Georgia law allows his close relatives - typically the decedent's spouse, child or parents - to bring a wrongful death claim against the responsible party. If successful, the decedent's relatives may be able to recover both economic and non-economic damages.

An injured party may bring a negligence suit against the responsible driver under Georgia law. If he successfully proves his case, he may be able to recover money for medical bills, lost wages and pain and suffering, in addition to costs for property damage.

An Experienced Attorney Can Help

If you or someone you love has been injured in a car accident caused by another driver's negligence, contact an experienced personal injury attorney. A knowledgeable lawyer can assess your case and help you get the compensation you deserve. For more information, contact an attorney today.

New CSA Program Aims to Reduce Commercial Truck Crashes and Increase Roadway Safety

2011-04-12T12:01:21Z

At the end of December, the Federal Motor Carrier Safety Administration (FMCSA), part of the U.S. Department of Transportation, launched a new program intended to improve commercial truck and bus safety. The Compliance Safety Accountability (CSA) program compiles safety violations in an effort to help reduce accidents involving commercial vehicles and to provide consumers with information about how safe specific commercial motor carriers are.

The main part of the CSA is the Safety Measurement System (SMS) which collects inspection and crash data for each motor carrier to get a holistic picture of how their commercial trucks and buses are performing on the roads. By tracking this information, the FMCSA can specifically address safety concerns and target corrective actions for each individual commercial motor carrier company.

U.S. Transportation Secretary Ray LaHood noted that "The CSA program will help us more easily identify unsafe commercial truck and bus companies. Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur."

]]> The information gathered by the CSA provides the average consumer a better idea of which carriers pose a safety risk. The SMS tool uses seven categories, called BASICs, to evaluate the potential crash risk of a motor carrier based on:

Unsafe driving, tracked by moving violations such as speeding, reckless driving, improper lane change and inattentive driving
Fatigued driving, based on compliance with hours-of-service regulations
Driver fitness, including valid license violations and being medically unqualified
Controlled substances and alcohol use, such as misuse of prescription drugs and illegal substances
Vehicle maintenance
Cargo-related problems, tracked by improper load and hazardous material handing violations
Crash history

These seven categories are more specific than the FMCSA's old measurement system, and allow the FMCSA and local law enforcement agencies to identify commercial motor carriers with high-risk patterns. By identifying risk early, corrective actions can be taken immediately and hopefully prevent large truck accidents or commercial bus collisions.

Corrective actions, or "safety interventions," include measures such as warning letters, compliance reviews, and roadside inspections. If a motor carrier does not follow up on corrective action, then the FMCSA can enforce civil penalties.

Source: New CSA Program Launched

GA Supreme Court Finds in Favor of Firm Client in Insurance Case

2011-03-07T21:37:26Z

Watkins, Lourie, Roll & Chance, PC, recently won a significant case in the Georgia Supreme Court. The law firm fought for the right of a woman who was seriously injured in a truck accident to obtain compensation in an insurance dispute.

Pamela Sapp sued the driver of a dump truck and the trucking company for injuries she suffered when the dump truck hit her. She also filed a lawsuit against the trucking company's insurer.

]]> The insurer, Canal Insurance Company, claimed that the accident was not covered under the trucking company's insurance policy. Canal argued that the accident took place outside the 50-mile "radius-of-use" limit in the basic automobile liability policy. It won at both trial and on appeal.

But Watkins, Lourie, Roll & Chance persisted, taking the case all the way to the Georgia Supreme Court.

The law firm argued that rather than issuing a basic automobile liability policy, Canal should have issued a motor carrier policy because the trucking company had been operating a dump truck. Thus, the Georgia Motor Carrier Act applied, not the radius-of-use limit found in basic automobile policies. Canal, therefore, could be required to compensate Pamela Sapp and her husband for damages arising from the accident.

The Georgia Supreme Court agreed. The Court explained that, even though the trucking company failed to obtain certain required permits, it was nonetheless a motor carrier; Canal was aware that the trucking company was a motor carrier when it issued its insurance policy and should have issued a motor carrier policy.

In its decision, the Georgia Supreme Court wrote that the purpose of the Georgia Motor Carrier Act is to protect the public. Irregularities in insurance coverage should not ultimately harm innocent people injured by negligent drivers.

Watkins, Lourie, Roll & Chance is pleased that the battle it fought for its injured client produced such positive results.

Government Arrests 111 People in Medicare Fraud Schemes

2011-02-25T18:53:29Z

Many may believe that they can fly under the radar when scamming the government, thinking that the amount that they take is so small that it will go unnoticed. The government, however, has other ideas and takes schemes to defraud the American taxpayers very seriously. Several medical professionals recently learned just how serious the government protects taxpayer money.

In an effort to crack down on Medicare fraud, the Medicare Fraud Strike Force arrested and charged 111 people for participation in fraud schemes. According to the Department of Health and Human Services (HHS) and Department of Justice (DOJ) officials, the 111 arrested were accused of defrauding the government to the tune of $225 million.

]]> Those arrested included doctors, nurses, physical therapists and health care company executives. The fraudulent schemes that those arrested were involved in ranged from the complex to the simple, including overbilling and charging for services not performed to money laundering and identity theft.

In response to the coordinated arrests, Attorney General Eric Holder stated: "We have safeguarded precious taxpayer dollars. And we have helped to protect our nation's most essential healthcare programs, Medicare and Medicaid."

Secretary Kathleen Sebelius commented on the success of efforts to recover money taken in Medicare fraud schemes: "From 2008-2010, every dollar the federal government spent under its Health Care Fraud and Abuse Control Programs averaged a return on investment of $6.80."

Medicare fraud isn't covered by just one statute. Statutes such as the Social Security Act and the False Claims Act make it a crime to commit Medicare Fraud. Many of the statutes that encompass Medicare fraud impose fines and prison terms on those found guilty of running afoul of the law.

Sources: Medicare Fraud: 111 US Doctors, Nurses Arrested; Operation Targets $225M in Healthcare Fraud