Atlanta Personal Injury Lawyer - Stephen Ozcomert: April 2009

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.

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.

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.