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.

Thursday, February 12, 2009

Premises Liability – A Common but Challenging Area of the Law

Premises liability is a bit of a strange duck in the legal arena, and proving slip, trip and fall injuries is sometimes hard work.

Oddly enough, premises liability deals with personal injuries. On the surface one would think it is about a landowner, and obviously the conduct of the property owner needs to be examined. However, this area deals with cases involving injuries to others while on the property owner's premises.

These injuries are most commonly slip and fall, or trip and fall incidents, but may also involve cases where the property owner has failed to provide adequate security against known hazards; for example, criminal conduct - where there is a history of criminal activity that the property owner knew about or should have known about.

The key to dealing with premises liability is that a property owner (public or private) is, to a certain extent, responsible for what happens on that particular property. The bottom line is that the courts hold that landowners have a duty/obligation to make sure their premises and the approaches to the premises are safe for their business customers (often called business invitees).

Property owners owe a lesser duty to licensees, who are often social guests, which normally consists of a duty to warn them of known dangers. While this may sound fairly straightforward, it rarely is, as Georgia super lawyer, Stephen Ozcomert of Atlanta, knows fully well.

"Premises liability cases are actually referred to as slip and fall cases; or slip, trip and fall cases," explained Ozcomert. Certainly a large number of the cases Ozcomert handles deal with falls on wet floors, diving head first down a set of faulty stairs or tripping over uneven sidewalks. However, just as many of his cases deal with other aspects of this area of the law.

"Premises liability could just as well deal with an old residential building whose apartments have been painted with lead based paint," said Ozcomert. Lead paint is dangerous and has been known to cause physical and developmental defects in children. In this instance, a premises liability lawsuit would be likely if the landlord or manager knew about the danger, but did nothing about it - in other words, was negligent.

To prove negligence in these cases there must be three elements present: that the property owner had a duty (knew or should have known about a property hazard), that they breached that duty (didn't fix the hazard), and there was a causal link between the defendant's negligence and the plaintiff's injuries.

"Personal injury cases deal mostly with negligence, and premises liability is no exception to that rule," commented Ozcomert. Negligence in premises liability cases would be a test of whether or not the landowner or property owner was indeed responsible for a plaintiff's injuries.

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

The High Cost of Auto Accidents

Automobile crashes are the leading cause of death in the United States. This is a dismal observation when one considers the number of rules of the road and regulations that have been put into place in an attempt to reduce the number of traffic deaths. Nonetheless, accidents continue to happen and families continue to face the death of a loved one.

It's thoroughly frightening to realize that each year over 40,000 people will die on the roads. That would work out to about 115 fatalities a day. Think about those numbers and then think about the high cost of auto crashes both in terms of lost lives and in damages.

Auto accidents, on average, cost Americans over $150 billion each and every year. Think of how that kind of money could be put to good use in the economy instead of cleaning up after accidents.

The end results of auto crashes are devastating to those left behind as well as those who have been seriously injured and are facing a lifetime of rehabilitation. No one knows this better than Georgia Super Lawyer, Stephen Ozcomert of Atlanta, Georgia. A highly regarded personal injury lawyer, Ozcomert has many years of experience dealing with car crash victims. "An accident isn't 'just' an accident, it has many other ramifications and consequences," stated Ozcomert.

"The chances are that everyone will be involved in at least one accident in their lives. They should know their rights, and we work to ensure they get justice," added Ozcomert. Justice isn't the only thing that Ozcomert works for. He makes it a point to educate his clients in the process they are facing when they have a court case. Noted for being highly detail oriented, Ozcomert is a hands-on kind of lawyer who gets totally involved in his cases.

Ozcomert knows how to assess medical situations in a split second and bases his advice on what he knows the courts are willing to award in certain instances. Those involved in a serious crash with life-altering disabilities are usually eligible for damages for things such as lost wages, medical bills, the cost of rehabilitation and loss of consortium among other things.

"We also deal with the insurance companies who are trying to get our clients to settle for less than they would be entitled to in a court of law. This is another reason why those involved in a car crash need to speak to a competent attorney," explained Ozcomert, of Ozcomert Law in Atlanta, Georgia.

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

When It Blows It May Be Deadly

The last thing people seem to pay any attention to is their tires, which is inexplicable since the tires are the very thing that gets them from point A to point B. Much like the old saying "No foot, no horse," it is a fact that without proper tires the risk of a fatal accident is extremely high.

In general, all types of vehicles use tires of one sort or another, and really, anyone is vulnerable to tire problems from time to time. However, big rigs (those large semi tractor-trailers) have more than their fair share of tire blowouts simply due to the enormous amount of weight they haul. Usually, if they’re going to experience a tire problem, it will be with a blowout or tire tread separation.

It's not only heavy-duty wear and tear that causes tires to go bad. Blemished tires are often the culprits. In fact, unsound tires have been the cause of some really serious personal injury accidents and deaths. What usually happens is the driver experiences a sudden and unexpected blowout, skewing the car sideways and ripping the wheel out of their hands.

Rear tire blowouts are particularly difficult when the vehicle is travelling at highway speed. The loss of control usually means the rear of the vehicle swings around and winds up being perpendicular to the direction of travel. Unfortunately, due to a design flaw - a high center of gravity – found in light trucks, SUV's and vans, the end result is a roll over.

It's common knowledge that there have been numerous defective tire recalls over the past few years. This has not solved the safety problem, as these tires continue to cause fatalities and serious injury accidents. Be aware that the tread on your vehicle is on its way out when small cracks develop on the side of the tire (by the serial number).

This failure is directly due a design and manufacturing defect. The small cracks, hard to see with the naked eye, turn into larger ones that develop in the tire's belts, causing premature fatigue and tread failure.

Interestingly, even though there were tire replacement/reimbursement programs offered by some of the larger tire manufacturers, there was a push by consumer safety groups to have the National Highway Traffic Safety Administration find out if these programs are truly effective or just a band-aid approach to a serious problem.

Despite the fact that tire manufacturers are legally responsible to let consumers know about a defective product, they still continue to make and sell flawed tires. The whole point of letting people know about a bad product is to prevent accidents. If the manufacturers keep making bad products, nothing is accomplished to save lives.

If you have been in an accident and feel that the cause of your mishap was subnormal tires, be sure to contact a defective product lawyer as soon as you can. Discuss the facts of your case with him or her and find out if there is enough evidence to proceed with a court case.

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 Stephen M. Ozcomert and Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Deadly Motorcycle Crashes

While many people view motorcycle riders as a few pennies short of a full bank, the real truth of the matter is that car/motorcycle crashes are often the fault of the car, not the biker.

If you take a good look at some of the traffic accident statistics, the first thing you will notice is when it comes to a "car meet motorbike collision," it is usually the fault of the car driver. There are a variety of reasons for this, ranging from the bike was in the driver's blind spot to the car driver wasn't able to accurately judge the speed of the motorbike.

The most interesting facts and figures have come forth from a study done by the University of Southern California. They found that in nearly three quarters of motorcycle collisions, the other vehicle was – you guessed it – a passenger automobile. In most instances it was the car driver that infringed on the rights of the motorcycle's right-of-way. Other factors are bad road conditions, alcohol, speeding, undivided roads and riding skills.

This study is actually the one that made more people realize that drivers have trouble noticing motorbikes in traffic, hence the comment many people make that "I just didn't see it until it was too late." This is an often-repeated refrain to both the police and insurance companies when dealing with the aftermath of such accidents.

Speaking of insurance companies, this is where the bike rider should definitely contact an experienced motorcycle collision lawyer or Atlanta Personal Injury Lawyer; one who knows how to assess the myriad of details needed in crashes of this nature. While it might seem pointless to hire a lawyer when the insurance company has come up with a nice offer, make that call and talk to an attorney. Insurance companies are not in the business of offering you a fair settlement and your lawyer will tell you that right away.

Know your rights by discussing your case with a competent motorcycle crash lawyer. S/he will put a stop to the insurance company trying to make the accident your fault just because you were riding a motorcycle. The lawyer will also ensure you get fair treatment and a just settlement from the justice system.

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, Atlanta personal injury, Atlanta personal injury attorney, Stephen M. Ozcomert, visit Ozcomert.com.