Atlanta Injury Lawyers Blog

Published on: September 16, 2019

When to Hire an Employment Lawyer

Hiring an Employment Law Lawyer

Except the life-long self employed (or unemployed, but that is a different matter entirely), we all make a living by working for an employer. Like people, employers come in all different shapes and sizes. Some are wonderful to work for and treat their employees like gold, other, well not so much. When you are not being treated like gold, but rather re being treated like dirt, it may be time to hire an employment lawyer. But, you must first ask: Why and when-—if ever—should I hire an employment lawyer?

The answer to this questions may surprise you: hire an employment lawyer if you think that your legal rights are being violated and you know that you have proof, in writing, of the violations. Why? Because an employment lawyer advise you as to what your legal rights are and what you should do, regardless of what phase of the employment process you are in, to protect your rights. If you contact an employment lawyer early in the process, they can help you navigate a very sticky situation.

Published on: September 10, 2019

Atlanta Boating Accidents Lead to Death

by Robert J. Fleming

An Atlanta, Georgia area woman died recently after suffering fatal injuries following an accident on Lake Allatoona. The woman was a passenger on a water ski when the collision happened just north of Little River Marina reported the Georgia Department of Natural Resources. After the incident, she was taken to Northside Hospital, where she died. A man, who was driving the personal watercraft, was also taken to the hospital with serious injuries, but his condition was not provided.

While this incident is under investigation and no fault has been assigned, it is important to note that boats on the waterways of Georgia (such as Lake Lanier, Lake Allatoona, Sinclair Lake and many other man-made and natural waterways in Georgia) are subject to laws that are quite similar to the Rules of the Road that govern drivers on Georgia’s roads. In other words, when operating a watercraft, one must do so in a manner that complies with the laws of Georgia and in a generally safe manner.

My firm has litigated a number of serious boating accidents and many of the outcomes are not quite as clear cut as they may, at first blush, seem. The Department of Natural Resources is charged with enforcing the Georgia boating laws, and a lot of the basic laws (such as who has the right of way in certain situations and who must maintain a look out) are not the same as the Georgia Rules of the Road. This can lead to drastically different outcomes when litigating these cases vis-a-vis a normal car wreck case.

Published on: August 11, 2019

Georgia Pedestrians Needlessly Put At Risk By Distracted Drivers

by Robert J. Fleming

The numbers don’t lie. Almost ten people a day are killed in car accidents caused by distracted drivers. In 2017 alone, the yearly total was 3,166 deaths, according to data from the National Highway Traffic Safety Administration. Let’s break down the numbers to see just how much of a concern this should be for the pedestrians of Atlanta.

10%

The percentage of fatal crashes that involved a distracted driver who was focused on something other than driving — most often talking or texting on a cellphone (accounting for 15 percent of all distracted-driver fatalities), but sometimes eating, talking to passengers, fiddling with the radio, putting on makeup, drinking, watching videos or playing video games or adjusting controls on the car.

Published on: August 6, 2019

Doctors Held Liable for Sexual Abuse Under the Law But Georgia Medical Board Fights Prosecution and Accountability

by Robert J. Fleming

SEXUAL ABUSE BY GEORGIA DOCTORS IS BEING REPORTED MORE THAN IT USED TO BE

In my opinion, I don’t think there is more sexual abuse of patients by doctors. It is just simply being reported more than it was in the past. News reports during the past year have highlighted only a small portion of the latest cases of sexual abuse by doctors. Among them, Indiana’s medical board suspended a doctor’s license over allegations of repeatedly touching and propositioning female patients. After one woman came forward with an accusation, more cases were uncovered, according to the state’s Attorney General’s Office. This is a common situation, in that, once one victim comes forward, many more victims come forward to expose the predator. In this case, the sexual predator is a doctor. In Minnesota, a 71-year-old doctor was arrested on two criminal sexual conduct charges after a female patient complained to police about inappropriate sexual touching and kissing during medical treatments. She reportedly took video of one incident. A Kansas psychiatrist agreed to an indefinite license suspension after being accused of having sex with three patients, including one who overdosed on opioid painkillers he prescribed. Unbelievably, this predator masquerading as a doctor remains licensed to practice medicine in the state of Missouri. In New Mexico, a psychiatrist was arrested and charged with sexually assaulting six female patients. Among the allegations were that he fondled patients in the guise of exams, and that he told patients he would provide painkillers in exchange for sex. Once again, to be sure, these are just a few examples that have been publicized, while

Now, allegations of sexual about a North Georgia doctor and his female patients have surfaced in based on sealed court records that were once unsealed. The document reportedly described how Georgia’s medical board investigated the doctor’s alleged involvement with a married, addicted patient. The doctor claimed the woman was no longer a patient when their sexual relationship started, and he denies having relationships with three other women, the document notes. Obviously, we don’t know the answers to these factual questions and the investigation would turn on them.

Published on: July 29, 2019

Personal Injury Law Firm Slogans or Mantras?

by Robert J. Fleming

Many people do a quick internet search for “the best lawyer in Atlanta” or “Best Atlanta Lawyer” or “the best personal injury lawyer in Atlanta” or something to that effect. What usually pops up is an ad from a large advertiser, not necessarily the best lawyer but maybe the best marketing law firm (quite the difference to say the least). As an Atlanta Personal Injury Lawyer who has been practicing law for over 25 years, I have seen the transition from word-of-mouth referrals to internet searches as the main source of lawyer referrals during this time. In other words, when I first started focusing my law practice on plaintiff personal injury work, I received ALL of my referrals from other lawyers. Yes, ALL. Now, to be sure, that was a long time ago. I have to say, that was probably a better method of selecting a lawyer for some, while worse for others. If you were a professional and had a lot of friends who personally knew lawyers, you could probably do well by talking to your friends, co-workers or trusted professionals that performed services for you and find a good lawyer to represent you. But what about those who did not have access to such a network? The internet, in some respects, was probably the “equalizer” for them. But as we have seen above, the may not wind up with the best lawyer in Atlanta, but rather may be bombarded with some of the slogans and tag lines from some of the more popular law firm advertisers such as the following:

Accident happen. We can help

Because you need someone in your corner who cares

Published on: July 24, 2019

Electric Scooter Atlanta Accidents Continue to Escalate as Injuries are More Severe

by Robert J. Fleming

Local authorities in Atlanta are still trying to determine what happened. Surveillance footage from the MARTA station showed the victim on a scooter before the crash, but it did not capture the moment of impact, according to Atlanta police. As a result, investigators cannot technically say whether the man was riding the scooter when he was hit, but common sense needs to dictate here as a scooter was found in the street on the bus’ passenger side, and the scooter rider has died from injuries sustained in the MARTA crash.

Cobb County contracts with First Transit for the CobbLinc service, and county spokesman Ross Cavitt said officials are waiting on details from the contractor. The police are waiting for production of the video as arrangements are still being made to turn over video from the bus to Atlanta police. The bus driver has not been identified. The crash is believed to be the second deadly accident involving electric scooters in the city of Atlanta, with both of the fatalities involving MARTA. Just last month, a man on a Lime scooter was hit and killed while leaving the parking lot of the West Lake MARTA station in west Atlanta. The driver of a Cadillac SUV is facing charges in that crash, which resulted in the first electric scooter-related death. All of this comes as Atlanta police have ended a grace period for riders and started enforcing city code, which mandates that scooters be ridden in the street with other traffic, not on sidewalks.

The latest fatality was characterized as a “call to action,” by Atlanta City Council member Amir Farokhi who stated, “we need to invest more in complete streets — streets that accommodate cyclists, scooters, and pedestrians as much as they do cars. When someone dies on our roads, it, in part, represents a failure of design. It does not matter whether you are walking to lunch, biking to see a friend, scooting home, or driving to the grocery store, you should be safe as you move around the city. We can and must do better.”

Published on: July 4, 2019

Atlanta Suffers First e-scooter Death

by Robert J. Fleming

A man on a Lime electric scooter was hit and killed by an SUV while he was leaving an Atlanta MARTA station just after midnight.

It appears to be the first fatal accident involving a “dockless electric scooter” investigated by the Atlanta police (“APD”).

While this may have been the first APD fatality, we have seen a quick rise in the number of injuries sustained by riders of the e-scooters from companies such as Bird and Lime due to the negligence of others and, in some instances, from the negligence of the e-scooter company itself.

Published on: July 4, 2019

Hope and the Healing Process in Atlanta Georgia Personal Injury Representation

by Robert J. Fleming

We handle a lot of serious personal injury cases in Georgia. One thing that I have learned after practicing law for almost 25 years is that Hope is essential to the healing process for those that have been seriously injured. I think it’s fair to say that our attorneys are experienced and skilled in their fields of specialization. It is also apparent that they know the courts and judges in Georgia very well. The importance of this, cannot be understated as these are all important attributes of a good lawyer which are important for a successful outcome in a Georgia personal injury case. But, in my opinion, our attorneys something that you don’t often see in lawyers: genuine care and concern which is apparent from the initial client meeting all the way through the process and is demonstrated time and again throughout the litigation process. In other words, the attorneys at Katz Wright & Fleming LLC keep hope alive for our clients. Hope that they will recover from their injuries. Hope that they will cover the costs of their treatments. Hope that they will get back to their life as quickly as possible, or as close to the life they knew before they were injured. Because, you see, despite what insurance companies think, no one wants to be injured. No one wants to be involved in a lawsuit. No one wants to seek an attorney to represent them in a personal injury lawsuit. No one wants to be involved in protracted litigation. No one wants to go to a jury and ask to be fairly compensated for their injuries because the negligent party will not take responsibility for the injuries that they caused due to their negligence. But, many of our clients find themselves in this exact position and they must put their lives on hold in order to deal with the injuries and legal issues that come with them. That is where we come in.

I am surely biased, but I like to think that our attorneys are among the best in the country. They are regularly evaluated for quality and competence by leading sources which employ rigorous standards such as Super Lawyers, Justia, LexisNexis Martindale-Hubbell, AVVO, and many other lawyer rating organizations which constantly strive to identify the best lawyers in Atlanta, the best lawyers in Georgia, and the best lawyers in all of the United States. We welcome this scrutiny and embrace it because it allows those who need really good lawyers in a time of real need to be able to evaluate the lawyers in Georgia available to them and make an informed decision as to who they choose to represent them. And after all, this is the way you should make a decision as to which lawyer you choose to represent you when you have been seriously injured. Not, just blindly picking the first lawyer that pops up on a TV ad, billboard or yellow pages ad. But rather, pick the lawyer of your choice after evaluating them based on objective criteria and a wealth of information that is at your disposal. Once again, we welcome this, because we help people injured by medical malpractice, dental malpractice, car accidents, trucking wrecks, airport injuries and other injuries caused by the negligence of someone else. In addition to excellent results, we provide support and guidance through a difficult time in your life. If you have been seriously injured and need an experienced and caring attorney in Georgia, contact us today and give us an opportunity to discuss your case and see if we can help. We are experienced Atlanta personal injury lawyers who work hard to get you all that you are entitled to under the law.

If you would like to discuss your personal injury case with an experienced injury lawyer who has empathy and compassion for your situation, call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.

Published on: May 16, 2019

Filling Baby Teeth in Georgia Simply Too Risky Under General Anesthesia

by Robert J. Fleming

Early childhood cavities (ECC) is the single most common chronic childhood dental disease. In the treatment of ECC, children are often sedated under general anesthesia. An estimated 100 000 to 250 000 pediatric dental sedations are performed annually in the United States. Many of these procedures are not necessary and are performed by “suspect” children’s dental clinics under the auspices of treating the caries aggressively to stay ahead of the game. As we see below, most times, it is not worth the risk of general anesthesia complications to perform restorative work on a child’s baby teeth.

In 2016, the American Academy of Pediatric Dentistry (AAPD)¹ announced, “Because restorative care to manage ECC often requires the use of sedation and general anesthesia with its associated high costs and possible health risks, and because there is a high recurrence of lesions following the procedures, there now is more emphasis on prevention and arrestment of the disease processes.” The AAPD’s policy statement goes on to enumerate methods of chronic disease management, active surveillance, and interim therapeutic restorations and states, “Non-surgical interventions should be implemented when possible to postpone or reduce the need for [previously accepted] surgical treatment approaches.”

A common rationale for aggressive surgical treatment with sedation or general anesthesia has been the vastly overstated association between tooth decay in primary teeth and subsequent decay in permanent teeth. In fact, this connection is modest, with the relative risk ratios ranging from 1.4 to 2.6.²^,³ One reason the association it not strong is that the shedding of decayed primary teeth eliminates sites for bacterial colonization in the mouth and thus reduces risk of caries in the permanent dentition. The loss of primary teeth with replacement by permanent teeth is a normal developmental process that requires no professional intervention.

Published on: May 11, 2019

Dental Malpractice in Georgia Could Include Fraud and Unnecessary Procedures

by Robert J. Fleming

Georgia patients are injured every day from dental procedures. Common dental procedures are not always as safe, effective, or durable as we are meant to believe. As a profession, dentistry has not yet applied the same level of self-scrutiny as medicine, or embraced as sweeping an emphasis on scientific evidence. “We are isolated from the larger health-care system. So when evidence-based policies are being made, dentistry is often left out of the equation,” says Jane Gillette, a dentist in Bozeman, Montana, who works closely with the the ADA committee on evidence-based dentistry. “We’re kind of behind the times, but increasingly we are trying to move the needle forward.”

According to a recent article in the Atlantic Magazine, “excessive diagnosis and treatment are endemic,” says Jeffrey H. Camm, a dentist of more than 35 years who wryly described his peers’ penchant “creative diagnosis” in a 2013 commentary published by the American Dental Association. “I don’t want to be damning. I think the majority of dentists are pretty good.” But many have “this attitude of ‘Oh, here’s a spot, I’ve got to do something.’ I’ve been contacted by all kinds of practitioners who are upset because patients come in and they already have three crowns, or 12 fillings, or another dentist told them that their 2-year-old child has several cavities and needs to be sedated for the procedure.”

The article also cites Trish Walraven, who worked in a dental office for 25 years and now manages a dental-software company with her husband, and recalls many troubling cases: “We would see patients seeking a second opinion, and they had treatment plans telling them they need eight fillings in virgin teeth. We would look at X-rays and say, ‘You’ve got to be kidding me.’ It was blatantly overtreatment—drilling into teeth that did not need it whatsoever.”