Atlanta Injury Lawyers Blog

Published on: February 19, 2019

Atlanta and DeKalb Hazards and Nuisance Claims Against the City and County

If you live or work in or around Atlanta, you have undoubtedly seen uncovered holes like the one below. Far too often, the City of Atlanta workers will not cover make the necessary repairs on these hazards, even after being repeatedly notified of the dangerous condition (Full disclosure: the picture below is from DeKalb County and was in the section of the AJC entitled “What’s not working around Metro Atlanta”).

Dangerous conditions like this are a hazardous condition. When an innocent person is injured by this hazard, they can sue the city of Atlanta or DeKalb County for negligence. However, once a city of county is made aware of the dangerous condition, the injured person can sue the city of county under and additional basis of negligence called nuisance. Nuisance, is essentially when a city of county is aware of a dangerous condition and allows it to continue to be unsafe instead of simply correcting the problem and eliminating the nuisance.

My firm recently tried a case in DeKalb County against the City of Decatur for a serious injury that was caused by the failure of the City of Decatur to properly maintain and repair its sidewalks. The fall occurred right outside the courthouse square. During the trial, my partners were able to establish that the City of Decatur did not proactively inspect and fix it sidewalks, but apparently just waited until someone reported an unsafe sidewalk condition (or, as in the lawsuit, was injured) before they would make repairs. The jury sided with our client and awarded an almost $200,000 verdict against the City.

Published on: February 14, 2019

Discrimination based on Pregnancy is Unlawful in Georgia

by Robert J. Fleming

Many people think that workers in Georgia have little protection. While they may not have as much protection under state laws as workers in more worker friendly states such as California and New York, Georgia workers are protected, the full extent of federal employment laws, from unlawful discrimination. One law that is fairly new but which has quite a bit of teeth is the Pregnancy Discrimination Act of 1978. Below is the text of the Act. But, in sum, the act protects mothers from being discriminated against because of the fact that they are pregnant, which includes due to being pregnant, giving birth or related medical conditions due to being pregnant. Georgia workers are fully covered by the Pregnancy Discrimination Act of 1978 and should never stand for discrimination based on pregnancy.

If you have been discriminated against for any reason, including for being pregnant, and you feel that this is unlawful, call (404) 923-7497 today for a free consultation. No one should stand for any type of mistreatment in the workforce.

The Pregnancy Discrimination Act of 1978

Published on: February 12, 2019

Dental Malpractice Can Lead to Infection Complications and Even Death in Georgia

by Robert J. Fleming

Sometimes, an isolated incident of dental medical negligence can cascade into a horrible situation which ends in permanent injury or even death. As happened in another case that an out-of state law firm handled, clients have gone for treatment for what would be considered a routine dental procedure such as treatment for chronic decay around and under a crown (Note: this is usually caused by the crown margins not being sealed properly). In a case like this, the general dentist will remove the crown and the post (which is used to provide stability to the crown), removed the decay, and then reinstall the post and crown to complete this, very common and non-complex treatment.

However, in the above-mentioned case according to the attorneys who prosecuted the case, the dentist performing this procedure did not use the same pilot hole when installing the new post. Instead, he drilled a second pilot hole, which was drilled on an angle, resulting in perforation of the tooth. A perforation is dangerous because it almost always leads to tooth loss and/or infection.

As a result of drilling at a crooked angle, the risk of perforating the wall of the tooth was increased dramatically, which is what happened. The dentist placed the new post into the new post hole, and because of the perforation, the tip of the new post was seated in the jawbone (maxilla). In other words, the dentist drilled right through the tooth and then place the post in the hole which was coming out of the tooth (clearly, treatment that is below the standard of care for a number of reasons). This perforation of the tooth lead to an infection which lasted for several months. During this time the patient complained of pain and swelling which the dentist negligently dismissed as irritation from the new crown and did nothing to address the perforation, possible infection or other possible sources of the increased pain. The patient was eventually referred to a specialist about 4 months after the crown post was negligently seated, who performed a Cone Beam CT scan (3d x-ray of the tooth), diagnosed the condition as a perforation and extracted the tooth.

Published on: February 3, 2019

Georgia Dental Implant Malpractice Injuries

by Robert J. Fleming

An Improperly Installed Dental Implant Is The Result of Dental Error

Dental implants must be placed carefully to ensure that they will heal properly and be able to bear the stress of biting and chewing. Common errors made by dentists, oral surgeons and periodontists who incorrectly install implants include placing the implant in areas without sufficient bone density or placing the implant too deep in the jaw so that it impinges on the nerves in the lower jaw or the sinus cavity in the upper jaw. In both instances, this is a result of dental malpractice. These mistakes can be avoided by using an experienced dentist who utilizes 3D CT scans and mapping to plan the placement of the implants prior to installing them.

Not All Dentists Are Created Equal

Published on: February 3, 2019

Georgia Root Canal Leads to Nerve Injury and Permanent Pain

by Robert J. Fleming

Root Canals Are Common Procedures In Georgia

Root canals are a common dental procedure performed in Georgia by general dentists and endodontists. If the root canal is not performed correctly, the plaintiff in a lawsuit will allege that the defendant dentist was negligent in performing a root canal and the malpractice resulted in the plaintiff suffering permanent nerve damage. In most cases, the permanent nerve damage causes the plaintiff to endure constant pain in addition to the numbness and, in some instances, intermittent spiking sharp pain. While this may sound odd: i.e., numbness and pain at the same time, it is relatively common for dental nerve injuries such as a lingual nerve injury or inferior alveolar nerve injury from a root canal. Not only is this a common result of dental malpractice, often the numbness and pain are permanent.

Most Complications Involve Root Canals on Back Teeth and Women

Published on: January 29, 2019

When Should I Hire A Georgia Commission Dispute Lawyer?

by Robert J. Fleming

When should you hire a Georgia Commission Dispute Lawyer?

You are working on commission and you are not being fully paid for the sales you have made. Or, your commission plan (the one that your employer made you sign when you agreed to the job) is not being honored by the company. Contrary to what you might believe, it is acceptable, and may be in your best interests, to hire a lawyer to represent you in regard to your commission dispute, even while you still work at the company with whom you are having the pay dispute.

Even though this may be necessary, salespeople are often hesitant to hire a lawyer while still employed for three reasons. First, there is the expense of hiring the lawyer and people often think they can work the situation out on their own. Hiring a lawyer for advice is usually not cheap, but it is often money well spent and can be viewed, in many instances, as an investment or as insurance from being taken advantage of by your employer. For instance, if you sense that you are going to be terminated and that the company will try to not fully pay your for the commissions owed to you, hiring a lawyer to advise you during this process can prove to be invaluable and well worth the expense. If there is a way to circumvent that situation or to negotiate a favorable payout before (or right after) you are terminated, this is something to consider. Second, workers fear retaliation for hiring a lawyer to confront their employer. That is a legitimate fear. But under many statues, an employer cannot retaliate against you for engaging in your legal rights. Often, when you hire counsel and your lawyer assists you in notifying your employer about a possible claim, you are engaging in “protected activity” as the law defines it. And even if your are not, it is sometimes best to hire a Georgia commissions lawyer to advise you behind the scenes to determine how strong your claims for commissions are; or how to structure your situation to put you in the best situation possible to get paid all of the commissions that are due and owed. In addition, if you are protected from retaliation and your company fires you anyway, they have just created an additional claim for you to assert, in addition to the cause of action that you have for the commissions earned but not paid. Finally, many workers simply don’t trust lawyers. While this may be the sad reality, the true fact is that there are many trustworthy lawyers who do their best to protect their clients’ interests and do what is best for the client. The best way to deal with the concern is to interview the Georgia Commission Lawyers and hire the lawyer who you feel comfortable with and trust.

Published on: January 21, 2019

Mesothelioma is an Asbestos-related Disease in Georgia

by Robert J. Fleming

There Is Often A Long Lag Between Exposure and Disease

Many of the asbestos-related conditions can take years to manifest and many workers who were exposed long ago are just now being diagnosed with asbestos-related injuries and diseases such as cancers and difficulty breathing due to asbestos exposure (asbestosis). These diseases are generally caused by asbestos fibers that were inhaled or ingested in the work place. However, the longest latency period of any asbestos-related condition is that of mesothelioma.

If you have worked with or around asbestos containing products in the past and have trouble breathing or have been diagnosed with an asbestos-related condition, call us today on (800) 613-1923.

Published on: January 21, 2019

Georgia Asbestos Claims Can Include Many Forms of Cancer and Asbestosis

by Robert J. Fleming

Lung Cancer

After mesothelioma, the second most common type of cancer caused by asbestos exposure is lung cancer, which can be caused by asbestos fibers being inhaled and the lodging deep in the lungs. Asbestos can cause both small-cell lung cancer and non-small-cell lung cancer. Non-small-cell lung cancer accounts for the majority of cases and includes carcinomas such as squamous cell carcinoma, adenocarcinoma, and large-cell carcinoma. The asbestos fibers are microscopic, which causes them to be inhaled deep into the lungs and the lungs are not able to release them. This foreign body (the asbestos fiber deep in the lung) then causes the lung to form tumors in order to protect the lung from the asbestos. Signs and symptoms of lung cancer are similar to mesothelioma and include most commonly breathing problems. Other signs and symptom of lung cancer are shortness of breath, a cough that will not go away, coughing up phlegm, mucous or even blood, hoarseness, difficulty swallowing, chest pains, swelling in the neck, throat or face, severe weight loss, and unexplained fatigue. Most lung cancer patients are treated with surgery, coupled with chemotherapy, and radiation. A number of clinical trials have been formed in addition to these treatments on a case-by case basis and may offer hope in the form of cutting edge life saving therapy.

If you have been diagnosed with lung cancer or another asbestos related condition, call (800) 613-1923 for a free and confidential case evaluation.

Published on: January 12, 2019

Wrongful Death of Minor Results in Dental Malpractice Suit

by Robert J. Fleming

A dental malpractice wrongful death case has been filed against the dentist and dental practice who treated a 2 year-old boy. In a horrible set of circumstances, the toddler was under general anesthesia while having 9 teeth extracted. The oxygen tank that he was hooked up to and which was there in case of an emergency that was supposed to save him was not working properly. The allegations in the lawsuit include that a staff member at the dentist office repeatedly disabled the heart monitor alarm that the boy was hooked up to.

While the medical examiner listed the cause of death as “undetermined,” it is clear from the facts, as reported, that the boy died as a result of the dental treatment he received on the day of his death. General anesthesia is especially dangerous when used on the very young, very old, and those who are not healthy. Proper and working equipment must be utilized and monitoring must be vigilant to avoid this type of horrible result.

During the lawsuit, discovery can be utilized to uncover what exactly happened in this tragedy and why? As with all other medical providers, the dentist and the anesthesiologist in this case must always comply with the standard of care and any violation of the standard of care is considered dental malpractice or negligence. In most states, a properly trained anesthesiologist (or a medical provider who is similarly trained and licensed to monitor anesthesia delivery) must be on hand and monitoring a dental patient when they are under general anesthesia. This requirement would also include testing all of the equipment associated with the procedure prior to the administration of the general anesthesia. It appears in this case that some of the equipment was not properly working or not hooked up correctly and this is what apparently caused or substantially contributed to the death.

Published on: January 10, 2019

Georgia Long-Term Care Insurance Denials

by Robert J. Fleming

Long-Term Care Insurance Claims

Long-term insurance is one way to protect family assets and hedge against the high cost of long-term care when an elderly family member is no longer able to live on their own or take care of themselves. Because of declining health, these individuals often require long-term care in the form of home care, nursing home care, assisted living, nursing home care and other long-term care arrangements. Unfortunately, long-term care insurance denials are increasing at an alarming rate, partly because insurance companies did not anticipate the number of claims for this type of care or the amount of money each claim would entail.

Long-Term Care Insurance Denials