Atlanta Injury Lawyers Blog

Published on: April 9, 2016

Atlanta Medication Errors

Medication errors in Georgia have been exploding in the last few years. One of the reasons, is that pharmacies, hospitals, doctors offices, and other medical providers are overworked and understaffed. The difficulties they face are compounded by the number of prescriptions that are filled each day. Many of these prescriptions are for drugs that, if mis-filled can cause dangerous side effects, including but not limited to permanent disability, blindness and even death.

Many of these prescription error cases could and should have been avoided by proper protocols in place at the pharmacy. Many pharmacists do not double-check the work of pharmacy technicians to ensure that the prescriptions are filled correctly with the correct medication, correct dosage, correct instructions and so on and so forth. Due to the potentially lethal consequences of a prescription errors, there is no excuse for filling a prescription with the wrong medication or with the wrong dose with the wrong instructions are for the wrong patient or any of the other plethora of prescription areas that we see on a regular basis.

Patients who receive these medications should be vigilant in making sure that number one number one medication that you received from the pharmacy is supposed to be yours, that it is in fact the drug that it says it is on the packaging both on the paper packaging that the pill bottle is in and also on the pill bottle itself, and that the dosages are correct as you know them to be as prescribed by your doctor. While many people might question why they have to be so vigilant, the answer is that if you take the drug as a result of a prescription error, you run the risk of seriously harming your health. And, while you do have the ability to seek compensation for the injuries caused by taking the wrong drug or in the wrong doses because of the prescription error, this would be of little relief if the drug causes a permanent disability or death. In fact, most prescription areas are harmless and did not result in debilitating injuries. However the prescription errors that do result in harm are often catastrophic and life-changing. Prescription errors often result in serious injuries such as brain damage, loss of vision which many times is permanent, heart problems, blood pressure issues, severe allergic reactions which manifest themselves many times with permanent injuries to your skin, eyes and other organs of the body.

Published on: January 7, 2016

Atlanta Root Canals Lead to Dental Injury — Cancer Link Discussed

by Robert J. Fleming

As an Atlanta dental malpractice lawyer, I am well aware of a number of dental injuries that clients suffer due to improperly performed root canals, as well as from other dental procedures that are performed below the standard of care. Some of the leading dental injuries related to root canals are abscesses, infections, perforation of the sinuses, and facial nerve injuries.

I recently read an article which discusses a possible link between root canals and cancer. Interestingly, the article discusses how, even if the root canal is done correctly and all of the FDA approved materials are used, there could be a link between having the root canal and contracting cancer. While this makes for interesting reading, I have not seen any credible evidence to support this conclusion, and the American Dental Association (“ADA”) and other dental organizations have not, to my knowledge found this type of causal link.

However, with this being said, I still believe in being careful and only undergoing a root canal if it is absolutely necessary to save your tooth. The reason? The many dental injuries that occur when a root canal is not performed properly. As discussed above, many clients suffer from injuries that are caused by improper root canals. Some injuries occur when the dentist drills past the end of the root canal when cleaning the roots before filling them. In the upper maxillary teeth, this often results in a perforation of the sinus, communication between the mouth and the sinus, and infection. In the lower mandibular teeth, this can result in an injury to the mandibular nerves that run below the lower teeth and which run especially close to the roots of the molars. This type of injury is often very serious, as the resulting nerve damage causes loss of sensation and innervation to the chin, lip and jaw area. Sometimes, this numbness is combined with pain, which can be especially debilitating.

Published on: September 30, 2015

Atlanta Dog Attacks No Longer Subject to The One Bite Rule

by Robert J. Fleming

The common law rule in Georgia does support the traditional theory of liability, i.e., the first bite rule, in determining an owner’s responsibility for a dog bite attack. This common law rule has been codified in Georgia at O.C.G.A. § 51-2-7, which states: A person who owns or keeps a vicious or dangerous animal of any kind and, who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.

Despite this statute being known as the first bite rule, it is not necessary in Georgia to prove that the dog has bitten before in order to for the owner to be liable. Instead, the plaintiff must show that the dog has demonstrated a propensity to bite in the past that caused the injury in the present case. In other words, as long as there is an incident or incidents in the past that would put a prudent owner on notice to anticipate that the dog would bite or attack persons (as opposed to other animals, which would not be sufficient notice to hold the dog owner liable for the attack), the owner is liable for the damages caused by the dog.

Recent decisions have shown that the Georgia courts are replacing the one bite rule with legal theory that the owner of a dog must act reasonably to protect the public from his dog if the owner knows or has reason to know of the dogs vicious propensity to bite. Importantly, whether the owner knew or had reason to know of the prior acts is usually a question for the jury at trial rather than a question of law for the judge. This newer standard is in line with other jurisdiction and makes good legal sense.

Published on: September 15, 2015

Common Dental Procedures that Result in Nerve Injuries

by Robert J. Fleming

As an Atlanta dental malpractice attorney, I am often approached by potential clients who have sustained nerve injuries after a dental procedure. The most common dental procedures that result in nerve injuries are root canals, dental implants and molar extractions (especially wisdom tooth extractions). Of these, the majority of serious dental nerve injuries result from work on the mandibular (bottom of the jaw) teeth. This is because the inferior alveolar nerve and the lingual nerve run very close to these bottom teeth and tongue and can be damaged if the dentist commits malpractice when performing any of these dental procedures.

Less often, a nerve injury can occur in the upper region of the face when the dentist attempts to perform a nerve block using a local anesthetic instead of trying to numb the area being worked on via an infiltration injection just above the tooth. The nerve can be injured either by a needle stick mechanical injury or by the local anesthetic chemically damaging the nerve. There is literature to support that post marketing studies conducted by the manufacturer of a 4% local anesthetic solution have indicated an increased risk of nerve injury secondary to the administration of 4% local anesthetic solutions when administered by nerve block in the mandible.

If you have sustained an injury from a dental procedure, and would like to discuss your case in complete confidence, contact Robert J. Fleming at (404) 923-7497 for a free dental malpractice case evaluation or contact us online.

Published on: September 14, 2015

What Duties Can Georgia Dental Assistants Legally Perform

by Robert J. Fleming

The role of Dental Assistants is governed by the Official Code of Georgia. It has expanded over time and, now, dental assistants can do all of the following while they are actively assisting dentists in a dental office:

Apply desensitizing agents to root surfaces of teeth and prepared the surfaces of teeth prior to cementation of temporary restorations and crowns, bridges, or inlays.
Place cavity liner, base or varnish over unexposed pulp.

Published on: September 10, 2015

CVS, Walmart and Rite Aid Georgia Prescription Errors

by Robert J. Fleming

CVS, Walmart and Rite Aid account for the vast majority of prescriptions filled in the U.S. Not surprisingly, these pharmacies are involved in the majority of prescription errors as well. Doctors are writing and dictating prescriptions in fast-paced and hectic environments such as in hospitals, dental offices, emergency room, urgent care centers, medical clinics, dental clinics and doctors’ offices. Once these prescriptions are sent to the pharmacy to be filled, the pharmacist , in order to comply with the standard of care for pharmacists, must check to make sure that the prescription itself is accurate. Then, once it is filled, the pharmacist must ensure that the prescription, as filled, is accurate and correct. Finally, the pharmacist must make sure that the properly prescribed prescription should be dispensed to the patient or whether there is an alert or other reason why it should not be dispensed. In a busy retail environment (such as at CVS, Walmart, Rite Aid, Target, Publix, Kroger, etc.) this is not always done and prescription errors occur. The reason that this compliance with the standard of care for pharmacists is so critical is that a mis-filled prescription, or a medication filled in the wrong dosage, or a medication filled with the correct dosage but with the wrong instructions, can potentially lead to serious injury and sometimes can even be fatal.

Failure to adhere to the standard of care amounts to negligence, or pharmacy malpractice. In order to prevail in a court of law, the Plaintiff in these types of cases must prove: (1) that there was a duty flowing from the pharmacist-patient relationship to comply with the standard of care and properly fill the prescription; (2) that this duty was breached when the pharmacist did not dispense the correct prescription; (3) that the breach of the standard of care caused the injuries that the Plaintiff is complaining of; and (4) that the damages that the Plaintiff is complaining about were a direct and proximate result of the malpractice. In most cases, the duty element of the case is clear, as the Plaintiff was a patient/customer of the pharmacist and received her prescription from the pharmacy. The more difficult issues presented when you file a lawsuit for pharmacy malpractice are in proving what the applicable standard of care was and that the pharmacist breached this duty. Similarly, the Plaintiff still must prove that the malpractice caused her injuries and in exactly which ways Plaintiff has suffered. Damages usually include past medical and hospital bills, past pain and suffering, future medical and hospital bills, past loss of earnings and future loss of earnings or a decreased ability to work and labor in the future due to the Plaintiff taking the wrong medication after the prescription error.

Prescription errors result in over 7,000 deaths every year. If you suspect that you, or a loved one, have been the victim of prescription error, feel free to contact Attorney Robert J. Fleming for a confidential and free case evaluation. Mr. Fleming can be reached directly by phone on (404) 923-7497.

Published on: August 25, 2015

Top 5 Procedures that Lead to Georgia Dental Malpractice Claims

by Robert J. Fleming

A number of different dental procedures result in the majority of dental malpractice claims in Georgia. As an Atlanta Dental Malpractice Attorney, I have noticed recently that the top five procedures that lead to dental injuries and malpractice claims are: Root Canals, Dental Implants, Crowns, Lower Molar Extractions and Jaw Surgery.

Root Canals on the lower teeth are especially problematic as many people can suffer serious dental injuries as a result of a root canal procedures. It is especially troubling for the injured patient when they seek relief from pain in the form of route canal yet wind up with a more serious condition as a result of the care and treatment rendered to them by the dentist that they went to for the relief of pain. However, serious injuries result from many root canal procedures because, many times, the root canal procedures are performed very close to anatomical landmarks in the jaw and face which are at risk of being injured if a root canal is not performed properly.

Dental implants are a doing growing area of dentistry that offers a viable alternative to traditional bridges and other false tooth devices which dentists have in the past used to replace teeth that were extracted. Once again, this is a great advancement in dentistry which comes with many caveats. What can be more frustrating for a dental patient than to spend the time and money on all of the different procedures that lead up to have a dental implant placement, yet leave the dental chair in worse condition than when they had started the dental implant procedure process.

Published on: June 30, 2015

$875,000 Dental Malpractice Settlement

by Robert J. Fleming

The alleged improper surgical technique of the defendant dentist was at the center of a recent $875,000 dental malpractice settlement in Atlanta. The plaintiff, a woman in her late 20’s, went to the dentist for the removal of her lower left wisdom tooth. During the extraction, the defendant dentist severed the plaintiff’s lingual nerve. The plaintiff was then referred to an oral surgeon. After numerous surgical attempts to repair the nerve, it was determined by the oral surgeon’s office that the nerve was not repairable and the nerve injury was therefore permanent.

The plaintiff argued at trial that the technique used by the defendant dentist was not taught by any dental school. The defendant dentist claimed that the technique he used was proper and had been taught to him by the head of a college oral surgery department. The defendant dentist also claimed that the nerve injury was from the use of an elevator to extract the tooth, which was a common practice.

During the re-trial of this case, the plaintiffs were able to locate and bring to trial, much to the surprise of the defendants, the dental school professor referenced by the defendant dentist as having taught him his technique (and whom the defendant dentist had claimed was deceased). This witness for the plaintiffs testified that neither he nor any other instructor at the college would have taught such a surgical technique.

Published on: May 28, 2015

What Type of Doctor Treats Trigeminal Nerve Injury?

by Robert J. Fleming

Many times, potential clients who have suffered a dental nerve injury are not sure which type of doctor is best equipped to diagnose an injury to the inferior alveolar, lingual or mental nerves. While many specialists are trained to diagnose and treat pain and nerve damage, a microneurosurgeon is, many times, the best equipped for these types of injuries. Trigeminal nerve injury diagnosis, treatment and management is considered a subspecialty of oral and maxillofacial surgery. As such, microneurosurgeons usually possess additional training, experience and clinical skills to treat these nerves after damage caused by dental treatments.

Other medical providers that may be involved in the care and treatment of a dental nerve injury sufferer are neurologists, anesthesiologists, pain management doctors, oral surgeons, general dentists, and in many cases dental physical therapists who may try to address dental nerve injury signs or symptoms much like they do for tempromandibular disorder patients.

It has been my experience that these additionally listed medical providers may be helpful, but that they often lack the expertise that a microneurosurgeon has in regard to the trigeminal nerve injuries that we have focused on in this article which are the lingual nerve, inferior alveolar nerve, the mental nerve and the infra-orbital nerve. The reason for this is the microneurosurgeons usually deal with injuries to these nerves on a daily basis, whether it is examining and diagnosing these nerve injuries or performing subsequent surgery to try to repair the nerves after they have been damaged during a dental procedure. As discussed elsewhere, these dental nerves can be damaged during routine dental procedures such as extractions (especially of mandibular molars, the placement of dental implants, and the performance of root canal therapy. Once the injury occurs, a general diagnosis such as “trigeminal neuralgia’ is not very useful, and a diagnosis of “Bells Palsey” is often harmful and wrong. This is why it is preferable that a micro-neurosurgeon be involved early and, if possible, take the lead in caring for these type of serious injuries.
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Published on: May 21, 2015

Does the Standard of Care in Georgia Require Pre-Procedure Antibiotics For Certain Dental Patients

by Robert J. Fleming

As a recent dental article notes, antibiotics are frequently used in dental practice. To be sure, this is a broad statement and, as we all know, the devil is in the details. While the standard of care in dentistry certainly does not require the administration of antibiotics before and after every dental procedure, it does require this for certain patients who suffer from serious medical and dental conditions who are undergoing certain procedures. In other words, whether it is dental malpractice to not prescribe antibiotics when a dental procedure is performed is very fact-specific and is decided on a case-by-case basis.
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