Atlanta Personal Injury Lawyer - Stephen Ozcomert: 2009

Monday, September 21, 2009

Motorcycle Madness Seizes the Nation

When a recession hits those who want to downsize their cars or give them up to save on gas, they usually opt to buy a motorbike. Not a bad idea, but with that choice comes an increased risk of serious personal injuries or even death.

In Georgia alone in 2008 there were over 390,000 motorcycles registered. That shouldn’t come as any great surprise in light of the state of the American economy. Gas prices are ridiculous and people are hunting for alternative methods to get to work and other places. In other words, they want a cheaper ride. On the other side of the fence, even though the ride is indeed a whole lot less expensive than owning a car, there are a lot of distracted (cell phone and texting) drivers out there. Add reckless drivers into the mix and this is a guaranteed recipe for disaster.

Know the laws of the state chosen to bike in, as every state does have different laws passed that are intended to help protect vehicle drivers and motorcyclists. In most states the law reads that bikers have many of the same rights and duties as other vehicles on the road.

Some of the laws aimed at protecting people include protective equipment use where the biker is required to use protective headgear and eyewear, unless they are over 21 years old, have had a license for two years, and have completed a safety course. What difference the age of the rider makes when it comes to wearing safety helmets and eye protection is a bit baffling, since older riders are at risk for accidents as well, but this is one of the reasons you need to know the law.

The laws for lane use for motorbikes are the same as those for cars. In other words they may use the whole lane and must not pass a vehicle using the same lane as the car being overtaken. What is different is that motorbikes are allowed to drive two abreast in a single lane of traffic for added safety.

Headphones and earphones are not allowed unless it is a hearing aid or a single cell phone earpiece. Any passengers may only ride on a permanently attached seat on the motorcycle and the biker may not carry anything that would interfere with the bike’s safe operation. In many states as well any bikes built after 1982 must have lighted headlamps on at all times and when it comes to insurance, all bikes are required to have liability insurance to deal with any injuries or property damage sustained by another person in a crash. Interestingly, in some states bikers aren’t mandated to carry medical insurance to cover their own personal injuries.

If faced with a motorcycle accident, speak to an experienced personal injury attorney to answer any questions that have come up and discuss legal options.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Tuesday, September 15, 2009

Gas Nozzle Accidents May Be Negligence

If you’ve ever been totally soaked by gas while filling up your vehicle because the hose separated from the nozzle, you may have cause to file a personal injury claim.

Getting gasoline all over yourself including in your eyes and all over your face, not to mention your clothes, is an upsetting experience. It may also be one that causes serious harm unless you get help immediately. Depending on the circumstances of the gas splash, you may have grounds to file a personal injury claim against the gas station for having a defective gas nozzle. If you do find yourself in a position like this, make sure you speak to a skilled personal injury lawyer for advice.

Let’s say there was no emergency eyewash station or other solution on hand at the gas station and the painful experience of having gas in your eyes was only alleviated by using the washroom and washing it out with water. Let’s also say that the hose was very clearly defective and that the management of the gas station knew or should have known the hose was in such a bad state – bad enough that they would have reasonably expected your type of accident could and would happen.

Let’s further posit that there was no damage to your vehicle because you immediately washed it after the incident and it was fine. Now, depending on which state you happen to be in, negligence law may be different. This is one of the major reasons to consult with an experienced personal injury attorney for assistance. Knowing your rights is the first thing you need to do for yourself.

This type of an accident is not common, and assuming the hose was indeed “clearly” defective and that may be proven, then you will, as mentioned above, need to prove the station owner did know about the problem, or should have known about it. Nozzles don’t have a habit of separating from the hoses, so it’s likely the owner should have known about the problem, have seen it or had it mentioned to him or her by other patrons filling their vehicles.

The other argument in your favor would be the fact that the standard of care or maintenance at a service station would seem to dictate that the hoses be checked for faults on a regular basis. Given those factors, you may be entitled to some form of compensation depending on the severity of your injuries.

If they are not that serious, you may not get a lot of money in return. Many personal injury cases are expediently evaluated on the basis of the degree of liability the station owner has, the exact nature of the injury, the type and amount of medical bills you may have incurred now, and perhaps in the future and any pain and suffering you struggle with now and in the future. In addition, you may be able to claim lost wages now and in the future.

Based on the fact that there were no serious injuries but there was severe pain from gas in your eyes, you may have a claim for the pain, stress and inconvenience as a result of the nozzle separating from the hose and dousing you with gas. Contact an attorney as soon as you can and make sure that the attorney not only handles personal injury claims, but premises liability. You never know, this kind of thing might have happened at the same gas station before and this would be good for your case. If the facts of your case merit a lawsuit, your attorney will begin to preserve evidence, examine maintenance records, get photographs and determine what kind of liability insurance the station has. Don’t delay contacting an attorney, as time is of the essence.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Saturday, September 5, 2009

Premises Liability Applies in Public Places

It’s the law that property owners must take every reasonable precaution to make sure there are no serious hazards that would harm or kill anyone coming on the property.

Premises liability applies to personal and commercial property and any owner or manager looking after property is legally bound to make sure the premises are safe for the public. If the property is poorly maintained and an injury, illness or death happens as a result of being on another person’s property, the plaintiff may be awarded compensation by the courts against the negligent property owner.

It doesn’t matter what kind of property is being discussed, although some properties are inherently more hazardous than others, e.g. industrial sites with power tools, toxic chemicals and heavy machinery. Commercial locations such as stores have high pedestrian traffic and anything may happen in a crowded store; for instance, items falling from shelves or items on display in the patio furniture department falling apart when someone sits on it.

While your home may very well be your castle it is also a place that must be safe for visitors. Other locations that people have a reasonable expectation that they will be safe are airports. Witness a recent case where a passenger was walking through O’Hare airport and slipped and fell as the result of an oily substance on the floor. The passenger sustained a broken kneecap and was unable to work for a long period of time. The settlement in that particular case was $800,000 for her injuries and damages. It was alleged in that case that the management of the airport should have known about the oily substance on the floor, as there was a high likelihood of spills of that nature happening in an airport.

Every case and accident is unique which means that in every case the circumstances of that particular case play a huge role in what the eventual outcome may be. A good example of this may be an injured construction worker who took a fall at the mall, slipping on spilled coffee, will have different needs to resolve his case than an office worker in the same situation.

While a slip and fall injury may be just around the corner in a lot of people’s lives, there are certain fairly common instances where premises liability comes into play. They include a porch collapse, stair collapse, elevator and escalator injuries, fires, swimming pool injuries, lead paint poisoning and mercury poisoning, and what is considered to be a “typical” garden variety slip and fall such as a wet spot on the floor in the vegetable section of a store.

Generally speaking, if there is existing case law for an accident a person has, this will assist the premises liability attorney in recovering any damages due to the victim for medical care, suffering, pain and other incidental damages.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Tuesday, August 25, 2009

Personal Injury Car Crashes and Assessing Damages

It’s hard to try and set an amount of damages that you may have sustained in a car crash. The sheer overwhelming number and type of wounds may totally confuse you, not to mention having to repair your vehicle.

During the summer the highways and by-ways across America are jammed with holiday and regular travelers, add into this mix 18-wheelers, road construction, detours and unpaved roads waiting for upgrading, and you have the potential for accidents. It’s often bad enough traveling in an area you are familiar with, never mind going out of state to a place you have never been to before and have no idea how their traffic patterns will affect you. This makes it tough to know if you have enough insurance to take long distance road trips.

The inevitable may strike your first trip or your fifteenth trip, and when it happens those injuries are put into a category that will tell you the approximate dollar amount that may be awarded for those injuries. There are so many factors that need to be dealt with, not the least of which is determining who is at fault in the accident, the percentage of culpability, medical bills, down time from work, pain and suffering, the continual stream of medical rehab expenses you may face and yes, vehicle repair costs.

When you do submit a claim to an insurance company, every one of the above factors will be taken into consideration before the company works out how much they are going to offer you for a personal injury claim. At this point, if you have not spoken to a personal injury lawyer, then you should in case you get a lowball offer as settlement for your injuries. The thing with a great many injuries is that although they may not look serious on the surface, and may not hurt that much right now, they could develop into something potentially deadly later, e.g. neck and head injuries.

Figuring out how much your injuries are worth is just about the most important aspect of a personal injury claim, and it is also the hardest part to calculate. This is yet another reason why you need to be consulting with an experienced personal injury attorney who is able to assess your injuries and figure out what they may be worth if your case is taken to court.

Keep in mind that insurance companies will only offer you what “they” think your claim in worth and you can bet that what they think it’s worth and what you think it’s worth don’t agree. Let’s face it, an insurance company is in business to keep its claims to a minimum, not offer large sums of money to settle personal injury claims.

In most cases the person who was negligent and caused the accident (liability) has to ante up money to the injured person for things like permanent physical disability, disfigurement, lost wages, medical and rehabilitation care and other expenses, loss of educational, social and family experiences (missed school, training, recreation, vacation, etc.) and emotional damages such as stress, depression and damaged property.

Even though the insurance company has a formula to figure out damages, they may be right out of the ballpark when it comes to fair compensation. Always speak to a highly skilled personal attorney and find out the real scoop on how much your personal injuries may be worth if you are successful in court.

Thursday, August 20, 2009

Texting While Driving a Major NO NO

It doesn’t take a rocket scientist to know that texting while driving a vehicle is a remarkably bad idea. The results may be deadly for both the texter and the person they hit.

Adults don’t generally try to text while they are driving; most likely due to the fact they realize it’s not a very smart move. Teens and inexperienced younger drivers, however, have a disturbing record for attempting to text while handling a car on the road. The consequences are not pretty. Consider the statistics that show 5,000 teenagers killed annually in traffic accidents. This isn’t to say they were all caused by the drivers foolishly texting while driving, but a significant proportion of that number were doing precisely that at the time of the collision that killed them.

Even more disturbing than those figures, another 2,500 people were also killed by vehicles driven by teens doing a variety of things like talking on a cell phone, yakking to their friends in the backseat or attempting to reply to an email with their Blackberry. Inattention kills. It’s just that simple. This nationwide problem is being dealt with in various ways by each state. If you’re unsure what the law says in your state, consult with an experienced personal injury attorney.

Some states are getting downright innovative in trying to address the problem of texting teens. For instance, New York recently voted to bring in a bill that not only bans texting while driving (statewide) but kicks up the license requirements for younger drivers. For instance, the practice driving that teens do with an adult prior to a road test and getting a junior license has been substantially increased. It went from 20 hours to 50 hours and added in 15 hours of night driving. In addition, a learner’s permit must be held for six months before a junior license is issued.

When it comes to the infamous Blackberries and various assorted pagers, personal digital assistance, laptops, gaming devices and other two-way messaging systems, they are simply banned outright, with the exception of being used for “emergency” situations. Of course, what constitutes an emergency for one person may not be an emergency for another. Fines run to $150. Interestingly enough, there is one odd exclusion and that is iPods. We’re not sure why those weren’t banned either, as listening to an iPod while driving means emergency vehicles can’t be heard and the driver can’t react appropriately to allow them to pass.

There is no doubt that text and driving don’t mix. Even in the state of Georgia there is a problem with this kind of irresponsible activity. Unfortunately Georgia only has a cell phone ban, but nothing in place for texting. Would a texting ban be a good piece of legislation to bring into effect in Georgia? Undoubtedly it would be; the question is what would it take to make that happen?

In many instances new legislation addressing problems like texting while driving doesn’t come into being until there have been a number of fatal accidents that highlight the behavior as a problem. While that’s a rough way to introduce lifesaving legislation, it may be what happens in Georgia’s case unless someone wants to advocate for change now.

Wednesday, August 12, 2009

80,000 Pounds and Rolling

If you’ve ever spent any time on an Interstate Highway in the US, you will have had an up close and personal experience with sharing the road with a big rig.

There is no doubt that our highways are teeming with all types of vehicles, and some of the largest ones happen to be trucks and trailer units. Thanks to their massive size, these rigs are exceptionally deadly if involved in an accident. You’re looking at close to 80,000 pounds of steel hurtling down the road and it is unable to come to an immediate stop.

In fact, it takes three times the amount of time for an 18-wheeler to stop compared to a normal vehicle. This is a factor that people should keep in the back of their minds when they cut in front of a rig and then do something incredibly stupid like slow down or suddenly stop.

Most large rigs should really be looked at as accidents waiting to happen given their size and the number of things that may go wrong when they are traveling at high speeds on a highway. Aside from trucker negligence, there may be vehicle maintenance problems, tire problems, bad weather that makes it hard to drive or even uneven load distribution.

Whatever the cause of the accident, it’s a sad fact that roughly every 16 minutes there is a large rig accident in the US that takes a life or severely injures or disables another person. Large rig accidents cause some very traumatic injuries that include spinal cord injuries, brain injuries (coup and contre coup), broken bones, scars, acute bruising, paralysis, amputation and disfigurement.

While it may be the trucker at fault for the accident, or his employer, it’s best to discuss your case with an expert personal injury lawyer. Big rig accidents are never easy on the victim as they are complex and require a lot of groundwork to make a solid case. These cases are incredibly complex because of the nature of the liability and the number of people involved from the insurance company to the trucker and from the employer to the crew who maintained the road where the accident happened. Suffice it to say that there are a multitude of factors that need to be considered in big rig cases and only an experience personal injury attorney will be able to handle them.

Unfortunately, it’s a fact that many road rules go by the wayside when tired truckers attempt to meet often unrealistic delivery deadlines. Fatigue plays a significant role in accidents, as does the condition the driver and the truck itself, prior to the accident.

It’s the little details that count in preparing a personal injury lawsuit. Trust your attorney to do his job and make sure you obtain justice.

Wednesday, August 5, 2009

Helmet Hair May Save a Life

It should go without saying that wearing a motorcycle helmet will save lives, but many people opt not to wear them because they don’t look cool – a potentially deadly decision.

It’s cool to own and ride a motorbike or some other mode of transportation like that these days. It’s also economical because there isn’t as much gas being used, not to mention parking is a breeze. The point, however, is that despite the fact that motorcycles are cool in a lot of people’s books, they have the potential to be deadly – more deadly than a car if the truth were known.

Part of the truth lies in the number of accidents over the last few years involving motorcycles has increased by a staggering 50%. Throw in sales stats and it’s evident motorcycle sales are hopping. It’s the latest rage to beat the cost of gas. The latest rage has also cost over 4,700 deaths in the U.S.

The other truth that will hit home with a nasty shock is that the National Highway Traffic Safety Administration offers numbers that show motorcyclists are approximately 35 times more likely to be killed in accidents as compared to car drivers. Many of the deaths happen in the first year of owning a bike because of inexperience.

Generally speaking, the major causes of motorbike crashes include, but are not limited to, road conditions such as unexpected rumble strips, potholes, loose gravel, wet pavement and road debris. Driving errors rank second and include actions such as driving too closely to others, tailgating, swerving in and out between cars and not signaling properly. The thing that compounds a motorcycle accident is the lack of protection for the rider. Part of the lack of protection relates to not wearing a proper helmet.

Even though it would seem to be smart to ensure a rider’s head is protected from contact with the pavement and averting traumatic brain injury, there are still those who choose not to wear them. This seems to fly in the face of common sense when studies show that wearing a helmet cuts the risk of brain injuries by up to 88 percent. This is critical information, as a vast majority of motorcycle crash deaths are due to head injuries. Despite these statistics, less than 50 percent of motorcycle riders choose to wear their helmet, even if they happen to own one. In many instances, the helmet winds up being a decoration on the bike.

Motorcycle crash victims and their families need the expert legal representation that only a fully qualified personal injury lawyer is able to provide. If the victim survives, the attorney will be able to fight for compensation for their long-term care. If the victim died at the scene and this becomes a wrongful death suit, the attorney is able to obtain justice and compensation for the loss.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Med Mal May Be Tricky

Medical malpractice is most often considered to be a lawsuit filed against a doctor for some form of negligence that caused a patient harm. In reality, there are numerous kinds of malpractice lawsuits.

These days when people read about medical malpractice in the media, they assume that the story will be about a doctor doing something negligently that severely injured or caused the death of someone. Not many people realize that malpractice law includes not only medical malpractice, but legal, dental, accounting, real estate and other types of malpractice.

The difficulty here is in knowing if a professional did act negligently. While it’s true that trying to pinpoint negligence when dealing with a doctor or lawyer, etc., is like trying to capture the wind at times, there are some signs and red flags that will indicate something is amiss.

Attorneys are required to live up to certain ethical standards, as they are in a position of great authority. People trust their legal counsel to provide the best advice for them. When legal advice is knowingly given that is not in the best interests of the client, there may be grounds for a malpractice lawsuit.
The sticking point here is proving the “poor” advice was given with the knowledge that it would be detrimental to the client. What is required to file a legal malpractice lawsuit is a verified attorney/client relationship and that the information given to the client had a direct adverse effect on that client and that the act of giving that poor advice was foreseeable as causing harm.

For doctors and dentists, the standard of care they should offer patients is of the very highest. After all, they are supposed to do no harm and act in a patient’s best interests. Mistakes covered up or not admitted to despite being fairly obvious, may be grounds to ask for damages for injuries suffered as a result of the mistakes.

The law dealing with this area of malpractice varies from state to state when it comes to the criteria to be met to file a lawsuit. To find out what is applicable in each state, contact an experienced medical malpractice attorney. In some instances it may also be necessary to find out how the state defines medical malpractice.
The bottom line in all malpractice suits is that the professionals handing out advice have trained for years to become what they are today. They are not supposed to make mistakes that harm or hurt others. Unfortunately however, professionals are human, and humans do make mistakes no matter how well they are trained.

Professional ethics aside, if a situation has occurred that caused injuries, death, legal or financial harm to befall an individual; they need to seek the advice of a malpractice attorney with a solid reputation for handling cases like this. Find out what rights the plaintiff has and then pursue them to obtain justice.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Friday, July 10, 2009

Claim It, It's Your Right

Many people choose not to pursue an accident claim. The reasons range from knowing the insurance company will settle; to they don't want the legal hassles and expense.

The bottom line is that putting in a claim for compensation for personal injuries after an accident is pretty much an accepted right in the U.S. "While it may take some work to get the compensation for damages, it may well be worth it in the long-term, particularly if serious injuries have been sustained and a person's life has been significantly altered because of it," commented Stephen Ozcomert, an Atlanta personal injury attorney.

"Keep in mind that even though an insurance company may settle on a claim without anyone having to do too much to get it done, the settlement is generally much lower than it could be if the case were taken to court," explained Ozcomert. This is why most lawyers will advise their clients not to take the first settlement offer that comes along. Insurance companies want to accomplish one thing, closing the case and spending as little as they can to accomplish it.

Most accident claims do require some work to obtain compensation, but if the injuries are serious enough, the work will be well worth it. The first thing an attorney will need to do is be able to prove that the other person in the accident was the party "at fault." Use a cell phone at the scene of the accident, if need be, to get clear pictures of the damage. They may come in handy in court.

Remember to get all the information needed from any eyewitnesses, report the accident to the police, and also get a copy of the accident report. Don't assume there are no serious injuries, as many of them may be silent and not manifest themselves until a later time with drastic consequences. If an ambulance is needed, call one immediately and then contact an Atlanta personal injury attorney.

While the accident may have been partially the fault of both drivers involved, the party laying the claim for compensation may still claim and receive some damages. "The proportion or percentage of negligence in cases where both drivers are at fault is usually determined by the courts using the doctrine of contributory negligence. That may mean compensation won't be 100%, but instead a proportion thereof," explained Stephen Ozcomert, an Atlanta personal injury attorney.

There a great many other details that go into mounting a personal injury claim, so ensure the lawyer hired is big on aggressive representation for their clients to obtain justice.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Malpractice Versus Negligence

Malpractice means so many different things to different people, that the term when used in a legal setting really needs to be expanded upon for the sake of clarity.

The most crucial thing is to be able to distinguish between malpractice and other kinds of negligence. "Generally speaking the term malpractice refers to a set of circumstances when a professional (doctor, lawyer, dentist, accountant, etc.) fails to use the proper level of skill, diligence or care to perform their professional services. In failing to perform properly, this causes harm to patients or customers," said Stephen Ozcomert, an Atlanta personal injury lawyer.

In general, a professional may be sued if s/he fails to perform their "professional" duties using the accepted standard of care, level of learning and skill one should reasonably expect from a person in their particular position. "Or to put this in simpler terms, the professional's performance is held up in comparison to the performance standards of other professionals in the same field. So, if the level of performance is of a lesser standard than others, that person may be accused of malpractice," added Ozcomert, who practices Atlanta personal injury law.

What a patient or customer needs to do to prove malpractice is show that they suffered an injury, damages or a loss because the person didn't do their job properly. Malpractice charges may be laid against those practicing in a profession that is licensed or regulated by the state, which would include lawyers, surgeons, dentists and accountants. "There are other categories of professionals that cannot be held liable for malpractice, but may be held accountable for negligence," outlined Ozcomert.

If someone feels they have been a victim of either malpractice or negligence, contact a highly qualified malpractice attorney and discuss the details of the case. "The lawyer will know the rules and regulations that need to be followed to file a proper malpractice lawsuit against another professional, even if it does happen to be another attorney," commented Stephen Ozcomert, an Atlanta personal injury lawyer.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Medical Errors May Cost Lives

Every year there are more deaths across America chalked up to medical errors. This is when a health care professional doesn't offer the patient quality care, and injuries or death may result.

Medical malpractice/medical errors don't just happen in the hospital, although this is the association that many people have when they think about this term. In addition, it's not just physicians that may make the errors. Those who may make an error in medical management include surgeons, dentists, nurses, hospital workers, eye doctors and general practitioners.

If you have questions about the statistics, then make it a point to check out the Journal of the American Medical Association. One of their most notable articles indicates that roughly 12,000 deaths happen yearly thanks to unnecessary surgery. Close to 7,000 fatalities were the result of medication errors in hospital and nearly 20,000 deaths were the end result of other errors in a hospital setting. The dollar amount that goes along with these errors is astronomical.

You may be wondering what kinds of errors happen in a hospital setting besides medication errors, which typically leads the list of mistakes. In fact, a recent study done by the Institute of Medicine of the National Academies shows that at least 1.5 million people a year are harmed as a result of errors in medication.

There are actually a large number of things that may go wrong in a hospital, including surgical errors, medical experimentation, anesthesia errors, birth errors, misdiagnosis or delayed diagnosis, wrongful death, and failing to take the correct medical action deemed appropriate. This is just the tip of the medical error iceberg too.

If you've been the victim of a medical error, you may stand to lose your job, lose wages, perhaps suffer a permanent disability which may affect the quality of your life, loss of future income, ever increasing medical bills, chronic pain and much more. These are also some of the things you may be able to seek compensation for when you speak to a qualified medical malpractice lawyer.

An experienced med mal attorney will strive to ensure you recover appropriate compensation for the various losses we have discussed in this article.

Whoops – that Fall Hurt

Premises liability law has been around for a lot of years, but still, many people don't really understand what it means.

To put this simply, premises liability is all about someone falling and injuring themselves due to the carelessness or negligence of a business or property owner. If this happens, the victim has a right to pursue compensation for those injuries.

Typically, the person who owns a business or operates it, is liable for dangerous conditions that they know about and either don't deal with them, and/or don't warn people about the potentially dangerous situation. The other side of the coin is that they "should" have known about the dangerous condition by regularly inspecting the property.

There is such a big emphasis on knowledge because it is critical to the imposition of liability. So in the above example, the notice a landowner/business gets may be constructive or actual. For instance, if the owner of the property is the one who creates the dangerous situation, they are deemed to have actual notice of it, because they created it.

On the other hand, if the owner/operator or the workers don't create a dangerous situation, they may still be liable for constructive notice of the danger. This means that the bad situation was there for such a long time they should have seen it or done something about it by doing regular inspections.

Let's use the example of someone spilling hot coffee on a floor and it is not cleaned up. The actual proof of how long that spill has been there lies in the condition of the spill. If it's partially dry or has footprints tracking through it, it's obviously been there for some time, and therefore, the owner/manager should have known and done something about it. This is a good example of constructive notice.

Of interest, is that the most common mistake a business owner makes is in not warning people that come to his or her property that there may be an unavoidable danger. Some businesses, just because of the nature of what they do, are considered to be inherently dangerous.

Those businesses need to have the premises posted with warnings. If the venture is something like a swimming pool and they have a wet deck all the time and warn people about it, then they are not necessarily required to fix the situation (difficult to do if it's a pool deck).

There are many other rules and exceptions when dealing with premises liability law, including third-party liability, so it's best to speak to an attorney who is intimately familiar with the ropes. They will help you build a solid case.

Monday, June 1, 2009

Are Your Premises Safe?

If you have dangerous or hazardous conditions on your property, it would be wise to know the ins and outs of premises liability before someone injures themselves.

Basically the law of premises liability is a branch of personal injury law that covers injuries sustained as a result of dangerous or hazardous conditions on a piece of property. The major premise here is that a person who owns property – homeowner or commercial property – is (to a certain extent) responsible for what happens on that property. This means the owner is obligated to make sure the property and/or any buildings on that land are in safe condition for others.

The other name for cases in this area of law -- perhaps you don’t recognize the term premises liability -- is slip and fall cases. The bulk of cases in this area usually do deal with falls on slippery surfaces, trips over various hazards and other things, such as stairs in poor repair. It shouldn't come as much of a surprise that this area of law is connected to several others as well.

Other injuries that may be covered by the doctrine of premises liability are porches collapsing, lead poisoning, mercury contamination, elevator malfunctions or drops, stairs that collapse and property fires. No two premises liability cases are alike and each one must be considered on its own merits. However having said that, there is one common element in most of these cases, and that would be negligence. The courts need to know if a property owner or manager is liable for a plaintiff's injuries.

Proving responsibility for someone else's injuries requires three components or elements. The first is a showing of duty, meaning that the owner did know or should have reasonably known about a hazard on his or her property. The second element refers to a breach of duty, in that it must be proven that the property owner failed to act "as a reasonable person" to remove or fix the danger.

Element three is that the plaintiff must show a causal link. In other words, prove that the defendant did not follow a reasonable standard of care and that this failure was the "direct and proximate cause" of the plaintiff being injured. If you have had an accident on someone's property and want to know your legal rights, contact a premises liability attorney to discuss your situation.

Surgical Malpractice

Having an operation ranks as number one on a list of things people would rather not do. There is an enormous amount of trust placed in the hands of a surgeon, and one hopes there are no surgical errors.

It's tough enough to get up the courage to face major surgery without also having to worry if the surgeon is in top form and able to do the job. Unfortunately however, surgical medical malpractice results in approximately 98,000 deaths a year. These statistics, courtesy of the Institute of Medicine, further suggest that total does not include patients who have wound up with life altering injuries due to surgery.

What is surgical medical malpractice? Most commonly it is the result of a surgeon failing to give their patient proper care, and that failure ends up causing serious injuries or death. Typically, this would have to do with a surgeon not adhering to accepted medical standards or not properly utilizing their skills.

Sadly, surgical medical malpractice is often due to very simple errors that should not have occurred had the surgeon been paying close attention to the surgical field, things such as using improperly sterilized instruments, a wrong incision, the puncture wound or a cut to an organ, anesthesia errors, surgery on the wrong organ or side, and instruments left inside a patient on closing.

Errors during surgery are one thing, negligence in diagnosing the right kind of operation necessary is another, and that is also classified as surgical medical malpractice. The three most often encountered classifications of surgery are emergency, urgent and elective. In the case of emergency surgery, it needs to be done post haste, not delayed. Urgent surgery needs to be done within a two-hour time frame, and elective surgery may be put off for some time.

Many procedures are prone to surgical malpractice, some more so than others. The ones that seem to be the most susceptible to errors are operations involving thoracic surgery, cosmetic surgery, gastric bypass, cardiothoracic and child delivery. While it is true that surgical medical malpractice is a reality of life, this isn't to say that the majority of surgeries don't go precisely as planned, and were deemed a success.

If you suspect you have been a victim of surgical malpractice, contact a medical malpractice attorney and find out what your rights are in this situation. Your attorney will be able to advise you of how cases such as this are handled.

Unusual Defective Products Resulting in Personal Injury

The last thing one would think of causing serious personal injuries is a laptop computer. Nonetheless, a defective product is a defective product, no matter what it happens to be.

Every year thousands of Americans buy products that cause them personal injuries. Every year there are also thousands of product recalls for a variety of glitches ranging from annoying to capable of causing severe harm or death.

The last thing consumers expect when they buy a product is that it will harm them, and the last thing they also expect is that a company they rely on would ever put out a faulty product. "Unfortunately, this happens a great deal with everything from medical devices to baby car seats," explained Georgia super lawyer Stephen M. Ozcomert of Atlanta.

While one gets used to hearing about vehicle recalls, toy recalls, food recalls and drug recalls, one rarely ever hears about a recall for laptop computers. "Apparently the problem was overheating which subsequently caused fires and other various injuries," said Ozcomert. Hard to imagine that happening with something so seemingly innocuous, however, technology evidently does have bad days as well.

The apparent source of the problem was the rechargeable battery that got too hot, hotter than the normal operating temperature of the machine. "Most of the injuries that resulted from this disturbing development were personal burns, however, there were instances when the computer was left on and no one was using it. The battery overheated and started a fire," outlined Georgia super lawyer Stephen M. Ozcomert of Atlanta.

While there have been more recalls since this was first discovered, the focus of the recall events has been a certain laptop battery used in the computers. The battery in question managed to garner a fair amount of negative press during a Sony major laptop battery recall.

Certainly there are things that may go wrong with any of the equipment we use during the day. "However, the real question in this instance deals with the manufacturer of the defective battery who knew (or should have known) it had the potential to harm people," added Ozcomert.

Proving that the battery manufacturer did have knowledge of the faulty battery is not always an easy thing to do. It would involve, at the very least, the company having received complaints from other laptop users about the battery, and then doing nothing about it, unless however, they were motivated to do something later.

"Defective product law is challenging to say the least, and often the trail followed to get to the end of the story involving negligence on the part of someone in the chain from manufacturer to retailer is quite interesting. In cases such as this, the smart move is to hire a defective product attorney with an excellent track record in this area," said Georgia super lawyer Stephen M. Ozcomert of Atlanta.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

The Blame Game

Proving who is at fault in a premises liability case is sometimes quite difficult.

At the very heart of the matter of premises liability law is the question "Who is to blame?" This isn't the easiest thing to figure out, and that is why many premises liability lawyers will comment that each and every case is unique and has very little in common with any other case of the same nature. The circumstances of the case are what tend to make each one different.

"In a nutshell, the concept of premises liability boils down to this: a person who owns or occupies land (controls it) is responsible to make sure that the land is safe and hazard free for other people," explained Georgia super lawyer Stephen M. Ozcomert of Atlanta.

This also isn't easy when those slip and fall accidents happen right out of the blue. For instance walking down the sidewalk in front of a merchant's store and accidentally tripping over a broken piece of pavement, or while in the hair dresser's shop, someone slips on a pile of freshly clipped hair lying on a linoleum floor.

These seem like accidents that could have been avoided if only the owner of the premises had done something to warn customers about a hazard (cut hair on a linoleum floor) or had fixed an accident waiting to happen (the broken pavement). "If there had been a sign that warned customers about the hazards of slipping on cut hair, and someone wasn't paying attention, it's questionable whether or not there would be grounds for a lawsuit," added Ozcomert.

This is where hiring a premises liability lawyer comes into play. They are there to help those who feel they have been a victim of a slip and fall injury by explaining the concept of negligence and liability. Only a skilled premises liability attorney is able to ascertain if there is a case worth pursuing.

"If there is a case and it proceeds to court, one of the things the court takes into consideration is how long an unsafe condition existed and if the owner was careless in leaving it unrepaired," said Ozcomert. They also look to see if the owner did have posted warnings on the premises and they were ignored. The other component of a court's assessment of a slip and fall case is whether or not the person who sustained the injuries was a reasonable person.

"Being a reasonable person in part means the plaintiff was not trespassing on the owner's property or wasn't doing something they were not supposed to do on that property. In other words, the victim's own actions play a big part in the disposition of a slip and fall case," outlined Georgia super lawyer Stephen M. Ozcomert of Atlanta.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Tuesday, May 12, 2009

Dangerous Products – Drugs

There's a good chance we will see more Plavix lawsuits, as further information about the deadly side effects of this drug continue to surface. Research shows Plavix may cause death or serious injury due to stomach bleeding (often ulcers).

Oddly enough, Plavix, considered to be the second best-selling drug in the world, was supposed to be a terrific alternative for aspirin to prevent heart attacks and strokes. This "super aspirin" does the exact opposite, and more than doubles the risks for bleeding ulcers, heart attacks and strokes.

Plavix increases the risks of bleeding in patients with peptic ulcer disease making them 12 times more likely to suffer from ulcers and stomach bleeding than patients who took a heartburn pill and an aspirin. The bleeding results in severe consequences or death due to the blocking of the formation of platelets in blood.

This drug also triggers platelet and protein blood clots in some individuals that are fatal once they reach the brain or kidneys. The sad thing is that an aspirin likely does a better job, but not taken with Plavix. Combining Plavix with aspirin virtually doubles the risk of death or stroke even in those with no history of heart disease.

Accusations were made that the drug company behind Plavix deliberately misinformed doctors and the public about the efficacy of Plavix to make a profit. The drug became the sixth top selling drug in the USA with profits of $3.8 billion dollars. At this point, it might be good to ask who the drug companies are really supposed to represent and help. If the answer isn't clear, that's quite the damning indictment of drug companies.

Plavix lawsuits are being filed frequently across the States and many law offices are asking people who have had a bad experience with this drug to contact them. This drug is still being marketed. The lawsuits already launched as well as those to come haven't seemed to harm Plavix sales.

If a loved one suffered serious Plavix side effects, contact a fully qualified litigation attorney with experience in this area to assess the potential claim and advise how to proceed. There is the possibility of being able to recover damages for pain and suffering, lost income and medical bills.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Act Quickly in a Product Liability Case

If a product that was recently purchased turns out to be defective and also causes some serious injuries, consult a product liability lawyer immediately. Time is of the essence in cases like this.

Every day the cash registers ring across America, signaling the purchase of a wide variety of items from clothing to chain saws, etc. While many people don't really think about it at the time, they may have just bought a defective or dangerous product. Think that would never happen? "Don't be so sure, as product accidents are very common," commented Georgia super lawyer Stephen M. Ozcomert of Atlanta.

Over 10,000 complaints are filed every year due to defective products and thousands of people who used them died or sustained serious injuries. We're not talking small numbers. The deaths each year resulting from the use of defective or dangerous products is over 22,000 and the numbers of injuries are close to 29 million. Those are staggering numbers, and ones that tend to creep up every year.

"While there are numerous agencies that act to regulate product liability, it often becomes a real circus trying to figure out who is responsible for what and where to report a claim. This may well become an issue in court during a defective product lawsuit," outlined Ozcomert.

The whole intention behind product liability laws is to protect all consumers from badly made products. But more than that, the laws are designed to ensure retailers, corporations and manufacturers be held responsible for negligent behavior. In instances such as this, negligent behavior is letting a defective or dangerous product into the marketplace. "Often the question of whether or not the company who made the product knowingly released it, and it harmed or killed someone, becomes the focal point of a product liability case," added Georgia super lawyer Stephen M. Ozcomert of Atlanta.

The nice thing about product liability law is that the standard of proof in this area happens to be a bit more lenient than in other areas of law. However, these are still difficult and expensive cases to pursue as often manufacturers vigorously defend claims brought by injured persons, and often one must retain expert witnesses to prove the case against the manufacturer.

The bottom line is that there are so many different areas of product liability law that it only makes sense to speak to an attorney with experience in this area. "Act quickly, because time is of the essence in cases such as this," said Ozcomert.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Elevated Lead Levels

Even today, lead levels are a problem, especially for younger children.

Although there are regulations in place to prevent lead poisoning, it remains a chronic health issue for kids. It is so prevalent that the Centers for Disease Control and Prevention have provided the rough estimate that over 300,000 children suffer from elevated levels of lead in their systems. One in six children are reported to have a "high" level.

If you're wondering why the rate of lead poisoning seems to be higher for children, it's because their absorption rate is a great deal higher than that of an adult. For instance, the rate of absorption (gastrointestinal) in adults is 3% to 10%. In children it is 40% to 50%, which is alarming and explains why children have such difficulty with lead poisoning symptoms.

Lead poisoning creeps up on a person over a long period of time; meaning long exposures to minimal concentrations of lead (such as lead based paint) may result in a toxic level of lead in the body. This is often referred to as chronic lead poisoning, and seems to be the most common.

Even though lead paint was banned in 1978, older buildings that predate that ban still have lead paint on the premises. There may also be landlords or building owners who chose not to remove the hazard from their properties. Imagine the potential consequences for children living in such buildings.

The poisoning seems innocuous if you aren't aware of what is going on, or don't know that you live in a home or apartment with lead-based paint. Over time, the paint begins to disintegrate and winds up becoming lead dust.

This is particularly bad on doorframes and windowsills. If the dust stayed in one place and was easy to clean up, the problem might not be as bad. However, it tends to settle on everything in the home, including toys and other objects to which children are exposed. Of course when children play, they put things in their mouth. Lead paint chips are also quite attractive to children who often will experiment by eating them.

What are the consequences? Over time lead poisoning may result in anemia, hearing loss, mental retardation, kidney malfunction, headaches, learning disabilities and hyperactivity. If you happen to be pregnant, the baby may experience retarded growth, delayed sexual maturation (females), low birth weight and gestational age.

If you suspect lead poisoning, get a blood test to confirm your suspicions and then immediately speak with a competent attorney who will assess your case to file a lawsuit for damages.

Prescription Drug Injuries or Death

It was a poor choice at best and a deadly choice at its worst. The switch the medical community made from prescribing Oxycontin to using methadone only added fuel to the fire of drug addiction.

Once it was discovered that Oxycontin had the ability to turn people into drug addicts, doctors started to hunt for something else to hand out instead to act as an effective painkiller. Their next drug of choice turned out to be methadone and, in hindsight, it might have been a worse choice than Oxycontin.

Methadone has crept in quietly and taken over one of the leading roles in today's drug addiction problem. The overdose statistics are frightening. Would you believe that they increased by a whopping figure of 500% between 1999 and 2005, and that was prior to doctors switching to prescribing it instead of Oxycontin? It seems likely that the numbers will have increased since then.

Using methadone as a short-term painkiller is one thing, particularly if is used to aid recovery from a serious injury or accident. Using methadone precisely as prescribed and only for the specified period of time, will most likely avoid addiction problems. Using methadone for the long haul is asking for trouble of the worst kind.

Generally speaking, methadone is normally handed out for severe pain, or at least it used to be. It seems that more and more it is also being favored for moderate pain. Ask the people who died using methadone if it was worth the risks. There are definitely other viable options the medical community could champion instead.

Methadone is noted to be an extremely addictive drug and it is, like smoking, very hard to stop. The withdrawal symptoms are tough both mentally and physically and most people in withdrawal need medical drug detox in addition to a full drug rehabilitation program in a treatment center. This is not a drug to mess around with.

This drug is so dangerous because it causes changes in breathing (slower respiratory rate) and changes in a person's heartbeat that a patient might not feel. The real kicker is that although the pain relief lasts for a few hours, the drug stays in the system longer. Adding more methadone to what is already in the body may cause problems such as coma and death. It also metabolizes slowly and pain relief does not come as fast as people expect, so they take more which compounds the problem.

If you or a loved one has faced serious consequences after taking methadone, or if a family member has died because of a methadone overdose, immediately contact an experienced attorney and discuss your options for filing a methadone lawsuit.

Tuesday, April 14, 2009

When Eating Out Becomes a Danger

Eating out is a great thing to do now and then, or even on a regular basis. "However, sometimes what was eaten comes back to haunt the customer in the form of salmonella or other forms of food contamination," said Georgia super lawyer Stephen M. Ozcomert of Atlanta.

Eating out these days is almost like playing a game of Russian Roulette, where no one really knows if what they eat will harm them or not. At one time fears like this were mostly limited to improper handling and preparation of a meal in restaurants, not at home. "Now, the CDC estimates there are roughly 76 million cases of food poisoning in the U.S. yearly, with about 5,000 ending in death," outlined Ozcomert.

Lately there has been a phenomenal increase in the number of large-scale food poisoning events globally; e.g. salmonella tainted peanut butter, cold cuts harboring the deadly bacteria Listeria monocytogenes, and spinach contaminated with E Coli. It's not just human food that has become a cause for concern; pet food has been under the microscope for containing deadly melamine.

With these kinds of concerns floating around, people are beginning to wonder about the safety of food they buy and consume. And, rightly so, however, we can't stop eating, although that thought might have occurred to more than just a few people who contemplated becoming vegetarians.

This information won't decrease anyone's level of concern, but it is something people need to know. "The U.S. government has a very limited ability to inspect foods arriving from overseas, which means various outbreaks will continue to happen. Factor in the improper handling of food at local restaurants and there is the potential for some real harm to consumers," explained Ozcomert.

If there is cause to believe that a person is the victim of an incident of food poisoning, contact a highly skilled dangerous product attorney and discuss the details of the potential case. Only an attorney with a track record in this area of the law, such as Georgia super lawyer Stephen Ozcomert of Atlanta, has a full understanding of the elements needed to settle such a case and will be able to advise how to proceed to a just settlement.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Grilling May Be Dangerous to Your Health

Talk about dangerous products, a gas grill of all things, one of the staples of an American summer backyard dinner.

While they might look fairly harmless, all hunched over on the back porch waiting for the steak or corn on the cob, if the gas flame and tank are not handled properly, these gas grills are an accident looking for a place to happen.

Just taking a look at the media coverage for the last year is enough to give one pause for thought about using a gas grill without a pilot's license. No, seriously, these grills have their pros and their cons, but it's the cons that may result in an explosion or fire. Handle with care or be prepared to have the unexpected happen.

What may happen, and has happened, is something called external ignition, when due to a manufacturing flaw the gas tank ignites outside. This, while a rare occurrence, happens often enough that consumers need to be aware of the dangers of gas grills. "They also need to be alerted to the fact that there have been many cases of home accidents and explosions due to manufacturing flaws in the gas grill propane tanks," said Georgia super lawyer Stephen M. Ozcomert of Atlanta.

If in doubt about your gas grill, look up the number of gas grill recalls on the Internet;that will be a major eye opener. For instance: 1,170 Jenn-Air Downdraft Gas Cooktops (Maytag) were recalled because the switches were too close to the gas tubing leading to the grill burner. This was a fire hazard. There are many more examples such as this, which is dismaying to say the least.

"The real question is how these defective products made their way to the market in the first place?" added Ozcomert. If someone has been injured due to a gas grill explosion or fire, contact a defective product attorney, such as Georgia super lawyer Stephen M. Ozcomert of Atlanta, who will assess the case and ensure justice is done.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Defective Medical Products - Implantable Cardiac Defibrillators

Guidant had an idea to develop an implantable cardiac defibrillator that captured the world by storm, but ended up in a nasty recall of 7 models of their medical product.

Guidant, who is now under the wing of Boston Scientific, took off like a rocket when they first brought out their implantable cardiac defibrillators. When they started to fail and the products were recalled, the company took a nose dive in public confidence, not to mention it became the target of widespread lawsuits for marketing defective medical products.

Guidant began life as a small company in 1972 and was successful enough that Eli Lilly bought them out in 1978. Their specialty was finely crafted cardiac defibrillators, and they continued making them without a problem until 2005 when there were 26 reported cases of their product failing. Rumors abounded that the company had known about the problem prior to 2005 yet did nothing about it.

2005 was a bad year for Guidant as they issued safety advisories regarding 7 models of their defibrillators and also had to advise doctors to discontinue using 4 of those models. The disaster knew no bounds when another nine models were called into question in subsequent weeks. The problem was tracked to 3 models of the Guidant defibrillators where the insulation on the wiring shorted out.

Finding this out is one thing, doing something about it was another, and nothing was done in terms of halting production or recalling the defective medical products. The company actually continued to sell them and tried to fix the short-out problem in later versions of their product. Evidently, other problems also surfaced at the same time, but this time included memory-programming errors. By the time these errors were exposed, over 50,000 people had the potential to be affected by this defective medical product.

Cardiac defibrillators are used for patients with ventricular fibrillation and irregular heartbeats that sometimes cause the heart to quit. Defibrillators need to be absolutely top quality to prevent fibrillation and death.

The problem is that although there have been lawsuits filed against Guidant; there are still patients out there with potential time bombs implanted in their chests. While it's a patient's decision to have one replaced, the process is risky and expensive.

If you or a loved one has one of the potentially defective Guidant cardiac defibrillators implanted, contact a defective medical product attorney and discuss your case.

The Seat Belt Controversy

Are seat belts a dangerous product? This is a very interesting question and brings up the vigorous debate surrounding the mandated use of seat belts.

Most people have had the safety message drummed into their heads that wearing a seat belt saves lives. There are numerous commercials on TV, the radio, in magazines and newspapers that tout the effectiveness of using a seat belt. "Buckle Up" campaigns in some form or another have been launched in just about every state in effort to reduce the number of traffic fatalities. Every state, but New Hampshire, has laws mandating seat belt use in some form or another.

Traffic safety stats show that the lowly seat belt has been credited with saving at least 9,500 lives per year. These same statistics are also showing that virtually 60% of those who die in car crashes were not wearing seat belts. So what is going on here?

Again, it's the statistics that show some individuals are more likely to buckle up than others – for instance, young male drivers from age 16 to 25 – who believe they are immortal. Immortal isn't exactly the word that comes to mind, but high-risk driver does.

You might find it interesting to learn that over the years seat belts have changed from lap belts to three point belts, from shoulder to hip to waist. The whole point of a seat belt is to spread the impact of a sudden, wrenching stop across the chest and over the stronger shoulder and hipbones. The idea is to minimize any injuries, not including the bruises and, at times, fractured ribs from the force of the impact.

Wearing seat belts is so ingrained in the law, that in most states not wearing a seat belt ranks as either a primary or secondary offense. Interestingly, there are also 14 states where people who sue for damages after an accident may have their award reduced for not wearing a belt. So with all of this information, what is the hang up with seat belts? The hang up appears to be that some people feel that being made to wear a seat belt in infringing on their rights; their primary argument is that not wearing one isn't hurting anyone but themselves.

Sure there is some credibility lent to these particular arguments in the form of stats that tell the story of seat belt induced deaths – cardiac arrest and life threatening injuries to the chest, neck and abdomen. Frankly more people's lives are saved by wearing a seat belt than not, however, there is an element of choice involved here. If someone feels strongly enough about not wearing a seat belt, it is their choice – and they must pay whatever consequences may follow in the event of an accident.

Thursday, April 2, 2009

Nursing Malpractice on the Rise

Most people think medical malpractice is most commonly caused by doctor error. However, this isn't always the case, as nurses are also responsible for medical mistakes.

Over the last decade or so, the media in the U.S. have had a field day when it comes to reports detailing the number of deaths each year attributed to medical errors. The numbers are in the millions for deaths and for medication mistakes. If that doesn't throw up a few red flags, then I don't know what will.

Medical malpractice or medication errors (med mal) isn't within the exclusive domain of just doctors. Nurses have similar high standards to live up to when caring for patients, and for the most part they do their jobs with skill and precision. Unfortunately, things happen and a nurse may be negligent on the job causing an oversight that leads to an injury or death. This kind of a situation is usually referred to as nurse malpractice.

Nurse malpractice is on the rise, more so over these past few years than it was previously. Many pundits point fingers at the medical system and decry the deplorable shape it is in, citing shortages in manpower as being the major reason for nurse malpractice. Keep in mind that nurse malpractice isn't something that is done on purpose. It happens for several reasons.

A nursing shortage isn't really news, but what happens as a consequence of a shortage may be. For instance with fewer nurses on duty, staff works longer hours (sometimes over 12 hours and double shifts) and the error factor increases dramatically. Fatigue may be a killer in a nurse's uniform. Thanks to the shortage of RNs, non-licensed Nurse's aides are also hired to fill the duty rosters.

The most frequently seen nurse malpractice situations deal with nurses not following doctor's orders, performing medical procedures without the proper qualifications, giving the wrong dose of medication to someone, or giving the wrong medicine to the wrong patient and not keeping a close enough watch on a patient that needs extra care.

In the cases that I have handled, the consequences of nurse malpractice have been organ damage, death, coma, infections, cardiac arrest and a toxic reaction to drugs. None of these cases were pretty and none of them happened on purpose. They happened because of a variety of factors. Nonetheless, if a patient has been harmed by nurse malpractice, they are entitled to take legal action.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury visit Ozcomert.com.

Wrongful Death Cases Are Civil Lawsuits

Thanks to the wonders of TV, many Americans are addicted to crime shows and think that a wrongful death suit is a criminal case. In reality, a wrongful death suit is a civil case.

A wrongful death by definition is a death that happens due to the negligence, recklessness or inaction of an organization or a person. The leading cause of wrongful death is medical malpractice, with accidents on the job, car crashes and defective products vying for second place.

No matter what caused the death, a family is grieving the loss of a loved one and wondering how to carry on with their lives and handle the sudden cessation of that person's wages, etc. In the U.S., immediate family members are allowed to file a wrongful death lawsuit. In most instances, that means parents, spouses, children, or a child's guardian acting on the child's behalf.

These types of lawsuits are seeking compensation from the courts for medical and funeral expenses, emotional distress of the loss of the loved one, lost income or inheritance, and loss of companionship (among other things). Depending on what state you are filing in, you will find the laws to be different. This is the reason you will need a wrongful death attorney to apprise you of your rights and how to file in your state.

Each state also has a statute of limitations that often varies as to when the time expires for filing a wrongful death lawsuit. Your attorney will tell you when you need to file your suit. Generally speaking, it is within one to three years from the time of the loved one's death.

However, just because there is some time running to file a suit, don't wait. A wrongful death lawyer must act quickly to get the evidence to prove that the defendant's actions (or inaction) were the cause of death. It is also up to the attorney to show that family members are suffering and ask for adequate compensation on their behalf.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury visit Ozcomert.com.

Product Liability Laws Protect Consumers

Americans are famous for shopping until they drop and buying the very latest fad, product or technical gadget on the market. "Not many shoppers realize they may be a victim of a defective or dangerous product," said 2009 Georgia Super Lawyer, Stephen M. Ozcomert, P.C. of Atlanta, Georgia.

Defective or dangerous product accidents are far more common that we would like to think, which likely isn't too surprising considering the way many of them are made these days. It reminds one of the old saying, "They sure don't make things like they used to make them." And indeed, manufacturers do not make products to the same standards of care that they once used to pride themselves on. More to the point, many of the products Americans buy today are not even made in the United States.

This may come as a shock to many consumers, but the Consumer Product Safety Commission actually gets hit with over 10,000 complaints (representing roughly 29 million injuries) every year, regarding defective products. "That is a staggering number and does not include the deaths directly caused by defective or dangerous products, a number that hovers just a bit over 22,000," indicated Ozcomert.

There are a variety of federal organizations, etc. whose mandate is to regulate product liability. The most well known one is most likely the Federal Drug Administration (FDA). Others include the National Highway Traffic Safety Administration and the Environmental Protection Agency. Knowing which agency is responsible for protecting what is sometimes more about smoke and mirrors, and reporting a dangerous or defective product isn't always that easy.

It should be noted that product liability law is not the usual run of the mill personal injury case; a good thing when it comes to recovering damages. "In many of these cases, manufacturers have launched a product into the marketplace without adequate testing," commented Ozcomert. Without the right kind of testing, a consumer takes his or her life into their hands, not knowing how the product may act. For instance, defective baby equipment that collapses, breaks or is toxic; or defective vehicle products such as improperly installed airbags.

Don't wait to contact a defective or dangerous product liability attorney to discuss a potential case. "If a manufacturer is found responsible for the defective or dangerous product, the courts may award compensation," said 2009 Georgia Super Lawyer, Stephen M. Ozcomert, P.C. of Atlanta, Georgia.

To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury visit Ozcomert.com.

2009 Georgia Super Lawyer Stephen M. Ozcomert of Atlanta, Georgia

2009 got off to a really nice start in the law offices of Stephen M. Ozcomert, P.C. of Atlanta, Georgia, with notification that he had been named to the 2009 Georgia Super Lawyers List.

Being named to the Super Lawyers list is quite the accomplishment, as nominees are selected by peer recognition and according to their professional achievements. This naming is a feather in a lawyer's cap, and Ozcomert certainly lives up to his reputation amongst his peers.

Of interest is the fact that every year a nationwide survey of all lawyers in practice for at least five years is tapped to participate in the Super Lawyer Selection process. This is the initial selection pool, and that's no small pool, as there are over 800,000 lawyers nationwide who participate in the survey and nomination process.

Part of the process is that those being surveyed are asked to nominate the best attorneys they've personally seen in action. "I am very honored to be nominated a Super Lawyer for the second time – the first in 2008 and now, for 2009," said Ozcomert. Only 5% of the attorneys in Georgia are named as Super Lawyers.

While the general public may think the books are cooked by having lawyers select other lawyers for awards, nothing could be further from the truth. The selection of Georgia Super Lawyers is painstaking and carefully monitored. "Lawyers cannot nominate themselves and each nomination carries a certain point value," explained Ozcomert.

The data base that tracks all the nominations is smart enough to know if there are lawyers nominating each other or if there are block nominations where attorneys at the same firm all vote for the same person. The candidate pool is made even richer by the addition of wild card names selected as the result of Super Lawyers "Star Search." Star Search is a compilation of lawyers who have worked to achieve various honors or credentials that indicate a high level of peer recognition/professional competence.

"This is actually quite the rigorous procedure and being nominated is quite humbling and yet exhilarating at the same time," added Ozcomert.

To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury visit Ozcomert.com.

Tuesday, February 24, 2009

The Do No Harm Ethic

One of the first things a doctor learns when they go to medical school is their guiding ethic, "Do no harm." When it comes to medical malpractice it is hard to understand how that ethic was violated.

It's a given that in our health system the patients expect their doctor has certain obligations to them. They expect good service, good care and that the doctor knows what they are doing and will not harm them in any way. Unfortunately when a patient happens to fall victim to medical malpractice (med mal), those same patients who viewed their doctor as a hero may now take action to file a med mal lawsuit.

When patients have experienced a medical injury and feel that it is related to something that their doctor did or did not do, this is the time to immediately contact an experienced med mal lawyer like Georgia super lawyer, Stephen Ozcomert in Atlanta. Ozcomert knows his stuff and one of the first things he asks his clients is if they were given the wrong medication or an incorrect dose.

"I also ask if they received their treatment in a timely manner or they feel their problems are the result of being misdiagnosed," said Ozcomert. It's not just adult patients that may be eligible to file a med mal lawsuit. There may be a good case for med mal if a child sustains an injury during the labor and delivery process and it happened because of negligence.

"Negligence is difficult to prove and this is why I need access to complete medical records and all documentation related to a patient's potential case," stated Ozcomert. Ozcomert will assess the information provided and make a decision if there is enough there to proceed with a med mal lawsuit. "Don't just assume it was an honest mistake if you wind up with injuries that alter your life. Honest mistakes in medicine are still classified as medical malpractice," he said.

If you aren't sure what the circumstances of a particular injury may be, or if there was negligence or malpractice, make a beeline to see an experienced med mal attorney such as Stephen Ozcomert of Atlanta, Georgia. "I will be more than happy to sit down with anyone who feels they have been the victim of medical malpractice and assess their case," he indicated.

To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney or Stephen M. Ozcomert, visit Ozcomert.com.

Deadly Jackknife Action

Cars and big rigs just don't mix all that well on the highways. Poor weather and road conditions added into the high speeds on the road also create situations where a big rig may jackknife.

Jackknife situations can have several outcomes, many of them resulting in injury to the driver, the rig and to other people who happened to be near the truck when things went awry. In situations like this it is very difficult to find out who is responsible for the accident. This is why anyone involved in a scenario like this needs to contact an experienced big rig attorney, like Georgia super lawyer, Stephen Ozcomert of Atlanta.

"A jackknife means the back end of the rig whips around towards the truck cab, and the driver has no control over it. It becomes a huge steel projectile traveling down the road at highway speeds," explained Ozcomert. This means that anything in its path, from trees to guardrails and ramps to other vehicles, has the potential to suffer serious damages.

While this may not happen every day, it does happen often enough that there are many lawyers who specialize in this area of law. "This kind of an accident can happen in the blink of an eye, and there isn't much time to get out of the way," said Ozcomert. Add to this mix an overloaded truck whose driver is over-tired and you have a recipe for disaster.

This is particularly the case when the big rigs are travelling at highway speeds.

In most instances weather may be cited as the cause of a jackknife, but there are other reasons such as inattention, talking on a cell phone, overly aggressive driving to make a deadline, and improper maintenance of the rig or its tires. "It’s the little things that all add up to make an accident looking for a place to happen," outlined Ozcomert.

With so many things that can and do go wrong resulting in a serious or deadly outcome, it only makes sense to deal with an experienced big rig attorney, like Georgia super lawyer, Stephen Ozcomert of Atlanta. "I go to work right away to collect the evidence needed to make a court case. Time is of the essence in cases like this," added Ozcomert.

To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney or Stephen M. Ozcomert, visit Ozcomert.com.

Defective Medical Devices Lurk in Waiting

Modern medicine is a marvelous thing when it works without side effects. When those side effects happen, defective medical products become the focal point of litigation.

Across America, hundreds of people were having hernia surgery and being implanted with a hernia patch. Sounds fairly straightforward, but apparently something went terribly wrong with the Kugel mesh hernia patches. They had a nasty habit of rolling up and wrinkling after being inserted.

The problems with the Kugel mesh hernia patches didn't start to come to light until 2001 when reports of its failure after implantation started appearing. Some of those noted side effects included bowel obstructions, because the memory coil ring broke, and fistula development. There were other complications as well, such as the patches were folded, shriveled, buckled and curled. Obviously this was not the optimal result hoped for after hernia surgery.

The patch was recalled in 2005 and physicians were asked not to use certain lots. However this time the reason was due to the high risk that part of the plastic component of the patch could break off and cut the patient's organs or tissues with the potential for a fatal outcome. Many people and their defective drug lawyers wondered why the product hadn't been recalled prior to 2005. The answer was the company felt they didn't get that many complaints.

The whole mess escalated into a subsequent Class 1 Food and Drug Administration recall, which is considered to be very serious. These particular patches are used in over 700,000 hernia repair surgeries every year, so if you have any concerns about the hernia repair surgery you may have experienced, or have suffered any serious side effects, make it a point to contact a highly qualified defective medical devices attorney.

Many people don't realize this kind of a situation may be classified as medical malpractice, particularly if a surgeon used a hernia patch that was in a lot that was recalled. Take your potential case to an experienced lawyer and have it assessed. You may wish to file a defective medical device lawsuit, but you need to consult with your attorney first. Be sure you have your medical records and the lot number of the Kugel hernia patch used and ask about your legal rights.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney or Stephen M. Ozcomert, visit Ozcomert.com.

Deadly Botox - More Than Just a Cosmetic Boost

It's a stunning and frightening fact that Botox use for cosmetic surgery may result in serious consequences, including death. If you have been the victim of Botox side effects, you need to speak with an experienced dangerous drug attorney.

Botox first hit the market 30 years ago when the eye care company Allergan boasted about its rejuvenating properties. Of course many of you will recall that Botox was derived from botulinum toxin A. This was once injected into eye muscles of people with crossed eyes. The science behind these injections was that the botulinum created a protein that would override muscle spasms and block nerve impulses that relaxed muscles on a temporary basis.

The Food and Drug Administration (FDA) took a liking to what it could do and gave it approval in 1978, however their original idea was to only use it for clinical applications. Turns out once plastic surgeons discovered its uses in cosmetic surgery, the Botox market took off exponentially. Due to the pressure of people demanding the Botox miracle, the FDA finally approved it for use in cosmetic surgery for getting rid of the fine lines between the eyes and around the mouth.

People were in wrinkle free heaven when they heard about this latest way to stay younger looking for longer periods of time. Botox cosmetic injections were an instant success and consumers were excited to think it had a low side effect ratio. Then the joy ride came to an abrupt halt when adverse incident reports were filed with the FDA.

Many of the reports focused on 'off label' uses not approved by the FDA and most frightening of all was the discovery that it migrated to other locations in the body and could be aspirated and cause pneumonia. Botox lawsuits started to surface all across the nation. Many lawyers with extensive experience in dangerous drug litigation got to see firsthand the side effects of Botox gone wrong, and they weren't pretty.

Over the years since the drug was first approved for use in cosmetic applications the occurrences of deadly side effects has risen dramatically. So much so that the FDA insisted that Allergan add a black box warning informing consumers of the risks of using Botox, including death. Nice idea, but it was never done. This is one of the facts that is referred to in dangerous drug litigation, that the company failed to adequately warn product users of the known risks of this drug.

Botox product litigation stories littered the media with more and more horror stories and accused the drug company of misleading the public. There were even references to clinical trials that were minimized despite the fact that 50% of the people involved suffered a bad reaction to Botox.

Botox is still in use and the produced risks are still present. Be very aware of what you are doing if you choose to submit to Botox injections. In cases that have gone to court across the U.S. there have been instances of long-term muscle paralysis, suffocation, Bell's Palsy, and permanent cornea damage.

If you feel you have been a victim of Botox injections, do the smart thing and contact a highly qualified dangerous drug attorney. Get your case assessed and find out how justice may be served in your case. Don't wait until you are sure you are dealing with a Botox side effect, as there is a statute of limitations in every state.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney or Stephen M. Ozcomert, visit Ozcomert.com.

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