This reported case is another example of a death that should have never happened. The admissions staff at Western Carolina University did not take the time to properly read each student’s admission form. Because they did not read the forms closely enough, a young football athlete died.

The wrongful death lawsuit filed by the young man’s family pointed a finger at the university and the coaching staff, stating that they were negligent in regards to the death of their son.

The young man was only 20 years old when he arrived at the university and played as a defensive back. He was told by the university doctor that it was ok to take part in weightlifting and conditioning drills without any limitations. One day later, the young man died during practice. Autopsy results showed he died due to acute lethal cardiac dysrhythmia with other contributing factors such as sickle cell trait and overexertion.

The lawsuit stated that his admission questionnaire relating to athletics indicated he had sickle cell trait. The student signed that form as did his mother. Thus, the university doctor and coaches knew or should have known he had sickle cell trait. Oddly, the university denied the allegations in one breath, and then in another, said the student had completed a form that listed sickle cell trait, which raises the question why they did not make themselves aware of what the disease meant to their athlete.

In this case, the student’s workout was weight lifting, 160 yards of striding two 60-yard sprints, two 70-yard sprints, two 80-yard sprints and two 90-yard sprints. He got into trouble on the last of his 90-yard sprints and subsequently collapsed and died.

When an athlete with sickle cell trait trains intensely, the red blood cells form into a shape like a sickle, which blocks the flow of blood to the muscles, causing lactic acidosis and ischemic rhabdomyolysis with hyperkalemia. The acidosis directly affects the heart by causing ventricular fibrillation, causing a heart attack. While athletes with this condition may play sports, there need to be the right kind of accommodations in place for them to deal it such as longer recovery times between repetitions, a gradually increasing drill time and oxygen on hand.

Will this family succeed in their wrongful death lawsuit? There is a good chance that they will, as the evidence shows the university: failed to make sure coaching and medical staff knew about and understood what exertional sickling was and how to work with it; failed to tell the student how to train safely; and failed to put safety measures in place, among other things.

Families that lose a family member like this should seek legal counsel in the form of an experienced Atlanta personal injury lawyer. Wrongful death lawsuits are civil cases and subject to a statute of limitations. Calling an Atlanta personal injury attorney as soon as possible will mean justice may be served promptly.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Dermatology is not an area of medicine where there are a lot of medical malpractice lawsuits, but they do happen, and when they do, the jury awards in cases like this can be quite high. For medical professionals, including those who practice dermatology, it is vital to clearly communicate with a patient about any treatments or procedures to be undertaken to avoid a lawsuit. If a mistake is made, you need to own up to it and make it right.

While that may not stop a lawsuit being filed, it may mitigate the outcome if the plaintiff has received an apology and the doctor has attempted to make amends. In many instances, all a patient that has been harmed wants is an acknowledgment from the practitioner that they messed up. Saying they are sorry, explaining what went wrong, and attempting to clearly inform a patient goes a long way toward preventing a problem from careening out of control and landing in court with hard feelings on both sides of the courtroom.

Certainly the question of whether or not harm to a patient was caused by medical negligence is an issue and for that reason, should you feel you have a case, speak to a skilled Atlanta personal injury lawyer. Medical negligence or malpractice happens when a doctor (or other medical professional) commits an act of negligence that breaches his or her duty to a patient. Additionally, there must be a direct causal link between the mistake/breach and the harm caused and it must also cause financial harm to the victim.

While many doctors are outstanding physicians with a good track record, there are those that also have a questionable track record putting their patients at risk, injuring them or killing them as a result of a medical error. Dermatologists rarely get slapped with medical malpractice lawsuits, but that still does not lessen the standard of care.

In fact, recent statistics released by the Physician Insurers Association of America show that the practice of dermatology only had a 1 percent rating for closed malpractice claims and a 1 percent indemnity for all medical specialties in 2010. That being said, even though the lawsuit rate is lower, the settlement rate and jury awards tend to be higher. Jury awards for medical negligence in melanoma cases where dermatologists misdiagnosed or mistreated are often higher because they are more serious than other procedures they perform.

Typically, other procedures they carry out on patients are largely aesthetic, and as such, have little value in terms of malpractice claims. This is because when assessing a malpractice claim, the seriousness of the mistake is taken into account in combination with how the error affects a patient’s ability to work. If a procedure is largely cosmetic and went awry, awarding damages for lost work is sometimes difficult. This is not to say that it cannot be done, but juries do tend to view cases like this in a different light.

For those who have had a bad experience with a dermatologist, make a call to an Atlanta personal injury lawyer for advice to get various options on how to proceed if your case is solid.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This case really points out the denigration of plaintiffs claims with the application of medical malpractice caps. What happened in this instance is that the mother of Mr. Doe filed a lawsuit stating that the nursing home where she was staying killed her by not giving her enough food and water for a period of three weeks. How horrendous is that?

In addition to this fact, the mother also suffered from dementia. Mr. Doe’s mom was 87 years old and met her death because the aides did not keep her properly hydrated. You do not need a medical license to provide a person with basic needs such as water.

When this case got to trial, the jury was rightfully horrified and handed down a $91.5 million award, which the nursing home is planning to appeal on the grounds that the amount may be subject to the state medical malpractice cap of $500,000. In other words, the jury award of $91.5 million for an egregious case of negligence, may be reduced to $500,000 in non-economic damages. Does this seem fair, given the facts of the case? Many would say no quite emphatically. It is obvious the jury thought it did not take an advanced degree to make sure someone got enough water on a daily basis either.

The man’s lawyers are aiming to keep the jury award as is by pointing out that the nurses aides at the nursing home are not considered to be health care providers as defined in the medical malpractice cap definition. Certainly this is an issue for the court to decide on, and if successful, this may open another avenue for medical malpractice cases to be treated with the respect and financial compensation that they deserve.

Medical malpractice cases are often very involved and complex, and certainly need the qualified assistance of an Atlanta personal injury lawyer. If you think you are the victim of medical malpractice, or your senior relative is a victim, get in touch with an experienced Atlanta personal injury lawyer and find out what you can do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It may sound incredibly simple to just state that medical malpractice lawsuits can be frivolous. This however, comes from a point of view of someone who has no idea what it involves to take a medical malpractice case to court. The enormous amount of time needed to vet a medical malpractice case, study the patient records, line up expert witnesses, and more instantly signifies that a case is not frivolous.

Medical malpractice lawyers do not waste their time on cases that are merely bad outcomes with a doctor. They do however, take cases that involve medical negligence that harmed someone permanently, and they take a case because they know it has merit, and the court needs to hear it. Lawyers are also seeking justice for the patient who ended up with a life they no longer recognize as a result of medical malpractice.

If you do not believe either side of the hot debate over tort reform, take some time to track down and read the study published by the New England Journal of Medicine a few short years ago. It has information in it that will pique your interest. In particular, it answers the question regarding how many patients bring a medical malpractice lawsuit.

The basis of the study involves five malpractice insurance companies across the U.S. and examines 1,452 different claims. The claims include medication errors, surgical errors, obstetrical mistakes and other issues such as delayed or missed diagnosis. Those are the main areas that comprise roughly 80 percent of all of the medical malpractice claims in the U.S. today.

Perhaps the most interesting fact gleaned from the statistics is that filing a claim and the subsequent litigation tends to show whether an error really did occur. In other words, it is not so much that lawyers take shaky cases to court, but that it is becoming increasingly difficult for plaintiffs and attorneys to figure out what really happened to the patient before a claim is filed. This has a down side as you can imagine, in that medicine is becoming more and more complex, thus increasing the number of chances for something to go wrong. The question then becomes how it went wrong and who caused the error.

Overall, the researchers in this study concluded that the oft-used political cry of frivolous lawsuits is exaggerated. What seems to be the real issue is that when a case did land in court and the dust settled, there was no medical error. That means the attorney took the case in good faith and was certain there was an issue to be settled. Only later when all the documentation was on the table for examination did it turn out there was no medical error, but instead a bad outcome without doctor negligence. The statistics are very clear though that the major portion of malpractice costs were spent litigating and paying for errors that did happen.

The other interesting find is that the justice system does a good job of booting out medical malpractice cases that have no merit. In other words, if the system really has a glitch in it, then the glitch is in favor of the plaintiff (arguably a good thing).

There is no question that litigating medical malpractice is expensive, but one way or the other, they bring justice where it needs to be served.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This reported case involved the wrongful death of a man by a defective car jack. To be more precise, a scissors car jack that was woefully inadequate in holding up the weight of the car the man was working on. The jack gave way and the vehicle landed on the man’s head, crushing it instantly.

The family chose to file a wrongful death lawsuit against Ford Motor Company for making a defective jack that could not bear the weight of the vehicle. The case told a heartbreaking story of their husband and father, attempting to make repairs to the family Ford Windstar minivan. He used the scissors jack, an original piece of equipment that was made to go with the van. He was working on the right side of the van to remove the right front tire.

He was a careful guy and took the time to put chocks behind each tire, made sure the van was on a flat surface and put the jack in precisely the location indicated in the vehicle manual. The jack failed, dropping the van on his head. The lawsuit stated that Ford, the defendant, was negligent, had sold a defective product, and was accused of a manufacturing defect, design defect, marketing defect, misrepresentation and breach of implied warranty of merchantability.

The suit also contended the scissors jacks that came with the vehicles were badly constructed, far too short and were not capable of lifting the weight of the van. The lawsuit asks for damages for the deceased’s physical impairment as a result of the van dropping on his head, for the sheer agony he endured, the mental anguish he felt, the medical bills, the death expenses and funeral costs. As a family they are seeking damages for pain and suffering, loss of income, loss of consortium, mental anguish and court costs plus interest.

Will the family win this case? There is a good chance they will, given the nature of the evidence. If there is further proof that the jack sold with the van was defective, the jury will likely award the family a decent settlement. This wrongful death lawsuit will not be easy for the family, who saw what happened the day of the accident. They fought back the horror of the injuries to help their husband and dad, realizing that he was in serious trouble. Despite their hopes, he did not survive this horrific trauma. His family now needs financial compensation to be able to move forward with their lives.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Unfortunately, there is a prevailing myth that lawyers are ambulance chasers and take frivolous cases to court to get paid big bucks. There are a number of things wrong with that thought. First, most lawyers do not chase ambulance for business. Most of them have more than they can handle at any given time. Secondly, while there may be some cases that seem questionable on first blush in terms of being successful in court, typically, a lawyer takes a case because there appears to be merit in it and/or a point of law.

As for making big bucks, that is not the case. Many lawyers get a portion of a settlement on winning for a client; a portion that goes right back into the firm to help it represent other clients who need them. Granted big cases sometimes have big wins, but it should be remembered that a big firm with a big case and a big track record for winning, will also have big office overhead.

But back to the concept that lawyers need to change how they are perceived. There may well be some truth in that observation. The law professor went on to point out that not much time is spent preventing problems in the justice system, because everyone is too busy protecting their behinds. How does that impact on lawyers? If you want the justice system to work in any given state, the money to do that has to come from the legislature. If the legislature perceives lawyers as money-grubbing talking heads out just for fame and fortune, state courts will continue to face underfunding and staggering case loads.

Justice is needed at all levels of the legal system, but as it exists right now, the middle class are slammed between a rock and a hard place when it comes to medical malpractice lawsuits. In many states, there has been med mal caps implemented that are designed to cap damages for victims of medical negligence. For those plaintiffs who are so severely injured that they need care for the rest of their lives, capping medical malpractice damages is an outrageous travesty of justice.

What is even more frightening is that there are also some states that are currently contemplating bringing in a loser pays law. Think about that for a minute. The seriously injured victim goes to court with a medical malpractice case and for some reason, the case is lost. The loser pays approach would mean the victim would pay the price, twice. Once as a victim of medical negligence and for the second time as a severely injured victim who lost a court case. And the victim gets huge sums of money from where?

What is happening here is that these kinds of restrictive laws are trying to scare victims away; victims that don’t have the ability to access money to pursue a valid claim in court. What does that say about the justice system?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

In this case, a medical doctor was sued for wrongful death and malpractice in the death of a well-known professional golfer. The father of the deceased, on behalf of her estate, filed the complaint. After a year-long investigation into the suicide of the young woman golfer, the father indicated in his lawsuit that he felt the doctor was directly responsible for his daughter’s death because of what he did and did not do; meaning he did things he should not have done and did not do things he should have done.

Evidently, although the woman also played golf with the doctor named as defendant in the lawsuit, she was also a patient of his. He was the last person to see the woman alive, and even though he called 911, he removed all drugs from her premises and also took her suicide note. The woman had been on multiple prescription drugs, including anti-anxiety meds, pain meds, and cough and headache medications. The coroner ruled her death a suicide due to asphyxia and the overload of drugs she had in her system at the time of her death.

The doctor pled guilty to obstruction of justice for taking evidence from the scene and was sentenced to a year’s probation and 40 hours of community service. None of this would bring the young woman back, and the family, hoping that this would never happen to anyone else, chose to file a wrongful death lawsuit on the heels of the man’s criminal conviction.

Wrongful death is not usually about getting even with the person or persons involved in the death. It is usually about the family not wanting anyone else to experience what happened to their loved one. It is about closure and moving forward in the memory of the deceased. It is also about insurance money that will help the family cope financially and be able to get on with their lives. They have sustained a significant loss emotionally and psychologically with the death of their daughter. They need not also suffer a financial loss to compound their devastation.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

If you stop to think about it, one of the main things that keeps society functioning and on track is business law, especially business transactions, contracts, agreements, the building of new companies, corporations, etc. Governing all this commerce is business law; call it overseeing the world of business if you will.

Without business law in place, the world would be a much tougher place to regulate and run because there would be no contracts and no one to uphold contracts and hold people to their word. It would mean business would run without any repercussions or consequences for those who did not live up to their promises. Unfortunately, even though a lot of people would follow through on their promises, they are just as many more who would rip the system and others off. This is why you need business law.

You may know business law as commercial law. Its usual definition is that it governs business and commercial transaction and is a branch of civil law, handling issues in the public and private sectors. Under this umbrella you will find an enormous range of legal issues and lawyers that deal with things like white-collar crimes (a criminal issue, not civil) and insider trading.

On the other side of the business/commercial law fence you would have corporate contracts, hiring practices and the manufacture/sales of consumer goods, etc.  When dealing with contract law, unarguably the largest arena in business law, you would typically be writing contracts, supervising their signing, ensuring they are worded correctly and filing a lawsuit if there is a breach of the contract. Just about everything we do today involves a contract of some sort, whether it’s buying a house to renting a carpet cleaner.

When it comes to hiring, this is one of the trickier areas of law, particularly if a business has to let an employee go. In situations like this, if you do not have a carefully worded hiring/firing policy, you could be open to a lawsuit for wrongful dismissal. Even with a handbook in place, you may still have legal issues. This is why you need the advice and counsel of a skilled Atlanta business lawyer.

Then, consider the world of manufacturing. It is not just the company that makes the product that has a part in the chain of commerce; there is also the designer, the shipper and the seller. Each link in the chain has contracts with the other links in the chain, and so it goes. Although they are largely invisible, those contracts are what glues everything together; keeping industry and commerce running smoothly and accountably.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Medical malpractice is a highly controversial subject in America. On one side of the fence there are those who feel the damages awarded in a med mal case should be capped at a certain figure. On the other side of that same fence are the proponents in justice for the victim of medical malpractice. This particular case is one of those kinds of cases where justice for the victim should be paramount, but given med mal damage award capping, the innocent child victim may not have what she needs to move forward with her life.

This case made headlines across the nation for its inconclusive financial outcome for the victim. Ultimately, the jury in the case awarded the family $19.2 million to care for their blind daughter with cerebral palsy. The now three and a half year old was born prematurely in 2007, and for some reason the hospital gave her a dose of nutrients that was 100 times what the amount should have been.

That mistake sent the baby into cardiac arrest and caused other serious side effects, including cerebral palsy and blindness. The devastated family chose to file a medical malpractice lawsuit against the hospital. Their daughter would never be the same again and will remain in a wheelchair and need diapers for the rest of her life. She will never be able to feed herself.

The hospital argued in court that the reason the baby went into convulsions was due to her being premature. The jury did not agree and awarded the family $19.2 million. However, since the family lives in a state where there are liability caps, the award may be limited to $200,000. It is a struggle to think that would be fair compensation in a case like this.

Not all states have med map caps so before you choose to file a medical malpractice lawsuit, it is a wise investment of time to consult with a skilled Atlanta personal injury lawyer. You will need to know your rights, whether or not there is a med mal cap in your state, what documents you will need to move forward and what damages you may or may not expect. Do not wait too long, as there is a statute of limitations on medical malpractice cases; another thing you need to discuss with your Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

While you would like to believe that everyone out on the road is careful, cautious, alert and paying attention to what they are doing while driving a large and potentially deadly vehicle, that is not always the case. Consider the circumstances involved in one really bizarre case where a woman relied on her global positioning system for instructions instead of paying attention to where she was. The result was an accident that could have been avoided.

Sure, GPS systems have their place in driving, but what if the GPS system, as may be the case here, is not accurate? If you are not watching where you are going and what you are doing, you too could have an accident, and not necessarily a minor one.

You may recall the story of a woman who was walking while distracted and followed the instructions of a GPS to take a route right down the middle of a freeway to get to her destination. She was hit by a car. Walking while distracted and driving while distracted have the same potential to be deadly, the same potential to result in personal injury accidents and the same level of personal distraction that has a serious impact on others.

In the case of the driver relying on a GPS system that provided erroneous directions, the woman was on her way to her daily workout and made a left turn when she was told to by her GPS. What happened was, instead of ending up in the parking lot of the gym, she turned left into the path of another car.

The accident was bad enough that both drivers needed to be treated for injuries. She was two-tenths of a mile from where she should have been and incurred physical injuries to her body and complete embarrassment over how those injuries were inflicted.

Luckily, the GPS driver in this story was not seriously hurt, but then again, the jury may still be out on that issue, as seemingly insignificant injuries often turn out to be worse than they look. As for the whole story itself, either you believe the GPS did the deed of providing lousy instructions that caused an accident or you believe that the woman just was not paying attention and caused the accident without the help of the GPS. Should this case go to trial, the outcome may be interesting.

For accident victims who have been in a crash and sustained personal injuries as the result of someone else’s negligence, make it a point to discuss your case with an Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

To get a better idea of what the term personal injury accident means, think car wreck. It is the best example of the personal injuries you may sustain after being hit by a negligent driver. Personal injuries may cover a multitude of things, such as whiplash, air bag injuries, broken bones, crush injuries and amputations.

Consider the case of the man who lost his leg after being hit by a passing car. The victim was pushing his SUV off to the side of the road because he ran out of gas. As he was pushing it, a 25-year old woman driving a Nissan Ultima hit him. As a result of the collision, one of the man’s legs was severed.

Thankfully, another motorist put a tourniquet on the man to stop the bleeding until EMS crews arrived. He was taken to the nearest hospital for medical assistance, as was the driver of the car that hit him. The police report did not indicate any charges had been laid, but they were calling for further investigation into the matter. There are many unanswered questions in this scenario, not the least of which is what was the female driver doing at the time of impact?

Was she paying attention to her driving? Was she speeding? Was she texting or under the influence of something? All these things need to be figured out in order for the case to move forward and for the man to be able to sue the female driver for compensation for his medical bills and his catastrophic, life-altering leg amputation.

If you have been in a similar situation and do not know who to talk to about compensation for your personal injuries, make it a point to connect with a seasoned Atlanta personal injury lawyer. These types of situations are not cases where the plaintiff can act pro se (on their own), or they run the very real risk of missing out on money they are legally entitled to as a result of their injuries. For catastrophic injuries like amputation, the awards tend to be higher.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Not too many people have had the distinction of falling down a manhole, but is has happened and the consequences can be quite disastrous. Most manholes are covered, but in this particular case that we read about, the manhole was not covered and an 11-year-old girl fell just about 15 feet. She was trapped for 30 minutes before fire crews were able to get her out.

Once lifted to the surface, she was airlifted to a children’s hospital to check her over. She apparently did not receive any life threatening injuries and was released to recover at home. Nobody seems to know why the manhole cover was out of place, though there is speculation that a snowplow blade was the culprit. The city and the police are investigating the situation further.

While this case may sound like a fall where the young girl did not hurt herself, you have to consider that she fell 15 feet and landed on pipes and concrete. Injuries that may not be visible are a high risk in cases like this. For instance, she may have sustained spinal cord injuries that may not manifest themselves until later or she may also have cracked ribs or other bones – a fact that could go unnoticed at a hospital intently looking for more serious injuries and missing the not-so-obvious ones.

In any slip, trip and fall case, it is a good idea to discuss the case with a qualified Atlanta personal injury lawyer and find out what your rights are, what you do if the child’s injuries are worse than first thought, how to file a personal injury lawsuit and what to expect should your case go to court.

Injuries as the result of negligence (the missing manhole cover) may mean the city is liable/responsible for the child’s medical bills and other expenses relating to the accident. The first consultation with a an Atlanta personal injury lawyer is free and the advice if often priceless, when it provides you with the peace of mind that if your child’s injuries are more serious than first thought, you know what to do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

When people get up in the morning and head off to work, they expect they will be home for supper later. In this case, the man who went to work at a sand plant construction site would never come home again. He was killed in a workplace accident.

The man was standing on a cement wall when it suddenly gave way and trapped him underneath it. He died due to compression injuries to his head and chest. Three other workers were also hurt in this accident.

Sudden deaths like this leave the family affected in deep shock and grief. They have to somehow come to grips with not only the loss of their family member, but also the loss of the income that person contributed to the home. Without that funding, the family would be financially strapped and likely unable to pay their bills.

One way of recovering compensation for a wrongful death is to file a wrongful death lawsuit with the assistance of an Atlanta personal injury lawyer. Since wrongful death lawsuits are civil suits, they are tried in a different court than criminal cases. In this case, the investigation will need to determine why the cement wall collapsed. Was it defective? Made with poor materials? Did the people who erected the wall know the cement was flawed in some way and would not hold up later? Was it mixed improperly and missing critical ingredients?

In terms of investigations, it would take some time for all the facts to be gathered and assessed. This is one of the jobs that an Atlanta personal injury lawyer does; sifts through the details of the accident to determine what happened. If there is negligence involved, this will form the foundation of a wrongful death lawsuit to recover compensation for the family.

There are a number of things involved in a settlement or award for a wrongful death: The way the deceased handled their finances while living, their income had they lived, medical and funeral expenses, pain and suffering prior to death and the pain and suffering of the family.

There are other factors involved, but they tend to vary from state to state. If you have a wrongful death case, it is best to discuss the details with an experienced Atlanta personal injury lawyer and find out what rules are applicable in Georgia wrongful death cases and what other factors may be considered in that state.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

This case was as troubling as it was upsetting for the mother and the rest of the family. The mother was at an Army hospital and in labor. The doctor delayed performing a C-section and, as the result of oxygen loss to the baby’s brain at birth, her daughter was born with cerebral palsy.

There was a midwife present at the birth who urged for a C-section, but the doctor kept insisting that the mother keep pushing. The baby started to display breathing problems shortly after birth and spent more than a month in an incubator. The mother opted to file a personal injury lawsuit but the hospital and the doctor denied they had done anything wrong when the case got to trial. The jury did not agree with the defense’s arguments and subsequently awarded the plaintiff a $6 million settlement.

Birth injuries are traumatic for the baby and the family, as they are often considered life-altering or catastrophic injuries; injuries that will forever change a person’s life. When a child is born with cerebral palsy, they will always need some kind of care for the remainder of their lives. Hence the larger damage awards handed down in case like that.

In order to file a medical malpractice lawsuit, there needs to be negligence present; the kind of negligence that another expert doctor would testify to in court as being below the standards of what other doctors would do. Not performing a C-section in a timely manner and thus putting the baby at risk for birth injuries would classify as medical negligence.

Based on medical negligence being proven, the nature and duration of the injuries tend to dictate the amount of compensation awarded by a jury. In this case, the child would need care for as long as she lived and the award reflected that reality.

If you have been in a situation like this, you need to speak to a highly trained Atlanta personal injury lawyer about your rights, what to expect at trial and what to expect in terms of compensation. These cases are not easy and take time to settle in an equitable and fair manner.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

These days, not everyone wants to get into potentially expensive litigation to settle a business disagreement. Many companies and organizations would prefer to do some thinking outside the box and try to get to the bottom of the disagreement, finding a way to deal with it first before hitting a courtroom. Alternative dispute resolution is becoming a very popular solution in today’s economy.

Depending on the environment and the people involved in the dispute in the first place, an arbitrator or mediator may do the trick. Mediators are neutral third parties whose aim is to reconcile the differences between two parties before they head to arbitration or litigation. On the other hand, arbitrators actually hear evidence and then decide the case. Their decision may be non-binding or binding, depending on what the parties to the dispute want to accomplish.

Either route taken does stand the chance, if not successful, of winding up in court. To this end, some parties like to hire a facilitator before starting anything. The reason for this is that the facilitator’s skills lie in making communications between the two groups better. Often, if the dispute is the result of a misunderstanding or miscommunication, the facilitator can get the train back on the tracks and re-establish respectful mutual communication.

For any of these processes, you will want someone who is objective and unbiased, without a hidden agenda and one that does not come to the table with statements already prepared. That’s never a good sign. The person chosen to hopefully settle the dispute also needs to have an abundance of tact, the ability to listen in neutral mode and be sensitive to the nuances of the group they are assisting. If that person also happens to be a lawyer, so much the better. Many business lawyers these days have this kind of training in addition to being a seasoned Atlanta business lawyer.

Most noncriminal disputes have a good chance at being resolved in mediation, more so if they involve leases, small business ownership issues, employment and contracts. Harassment claims are generally successfully resolved in this kind of venue as well.

Arbitration usually involves the arbitrator being judge and jury rolled into one, with the end result that they render a decision when the process is concluded. In other words, arbitration is much like going to court. Many arbitrators are lawyers, have legal experience or a legal education.

All in all, there are many alternative processes that may be used today to settle business disputes. When in doubt, speak to an Atlanta business lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It’s pretty much a no-brainer that people should not be driving a lethal weapon while under the influence of drugs or alcohol. Nevertheless, they do it anyhow. In most states, and certainly in Georgia, it is a punishable offense, with the punishment hinging on the severity of the offense and the driver’s condition when charged.

If arrested for DUI in Georgia, you will face a court hearing and depending on the nature of any injuries or damages involved, you may face a fine, a jail term or both. Your driver’s license may also be suspended and you may be ordered to attend court-appointed counseling.

While there are cases where there is no harm done to another, you might not think it is any big deal, especially if everyone is OK. Don’t even think for one minute that it is OK, because even if no one is hurt, you may still be punished based on your blood alcohol content, your condition and your behavior when arrested. For this reason, do not – and this bears repeating, do not – talk to the police when you are arrested, or even before you are arrested.

Do not get into why you were out drinking and driving, what speed you were or were not doing, how you feel or anything else. Be quiet and call an Atlanta criminal defense lawyer as soon as you can. Anything you have to say can be said to the lawyer. Anything you say that isn’t said to your lawyer has a mean way of coming back to bite you later. Remain silent until you get counsel, otherwise you could mess up your case.

Georgia has an involved process for DUI charges that mean a hearing session, appearing before a judge, a preliminary hearing, a pre-trial conference and criminal proceedings. Those criminal proceedings may mean charges of DUI felony. There is no way you can choose to represent yourself through this legal maze, which is why you will need a skilled Atlanta criminal defense lawyer.

Do not opt out of hiring legal counsel because you want to save money, because by the time you are done in the court process, without counsel, you will be paying out a large sum of money. Better you have the DUI criminal defense lawyer in your corner, who may be able to reduce charges or mitigate the whole case and get it tossed out. An experienced DUI lawyer is worth his weight in gold.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Driving while under the influence is, unfortunately, more common that we would like it to be. For some reason, people who drink and drive think they are immortal. They also think nothing will happen to them and that it is safe to drive. It is not safe to drive and the statistics show a high number of deaths related to those who drink and drive – killing themselves and killing others.

DUI in Georgia is no picnic. Usually, the repercussions are losing your drivers certificate and driving privileges. Yes, you can certainly ask for a new one, but you will need a good DUI Atlanta criminal defense lawyer to get this done. He or she will be able to help you through the administrative driver’s license postponement process. Unfortunately, that also means you will be cited in one of two ways: with a per se violation or a less safe driver violation.

For the less safe driver violation, you are dealing with the police officer’s judgment at the time of your apprehension. In other words, there isn’t any scientific verification of the officer’s assessment that you were DUI. Their notes may show your speech was slurred, you reeked of booze, couldn’t walk a straight line, etc.

On the other hand, the per se violation is a proven fact; the fact that your blood alcohol content was over the official limit. What is the permissible limit in Georgia? In drivers over the age of 21, it’s .08 percent. Those over that limit face a variety of penalties such as 24 hours to 12 months in jail for a first offense. There may also be fines involved ranging from $600 to $1,000 and you may find yourself serving, at the very least, 40 hours of public service. There are a variety of other penalties, all of which need to be discussed with your Atlanta criminal defense lawyer in order to get the best possible outcome for your case.

Most criminal defense lawyers will tell you right upfront not to talk to the police and to say nothing until you make contact with a lawyer. The only person who needs to hear the whole story about what you were doing drinking and driving is the lawyer.

The main reason for this is that if you voluntarily start talking about why you were out drinking and what you were doing, this information will wind up in court later. If you do say things you were better off not saying, you significantly hamper your lawyer’s ability to help you mitigate the charges or get them thrown out. Also, it is best to remember that if you choose to continue to drink and drive and rack up charge after charge, the penalties get increasingly stiffer. Ultimately, you could have an ignition interlock device on every vehicle you own.

Think twice about drinking and driving in Georgia for two reasons; if you’re caught, your record will dog you for years to come and drinking and driving kills. Do you really want to become another DUI statistic?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Did you know that there are not that many suspected med mal cases that actually make it to court? This is largely due to the fact that many patients don’t really know exactly what goes into making a med mal case versus what general complications of a medical procedure happen to be. In other words, they don’t know what really constitutes medical malpractice and what constitutes a general and likely expected complication of a certain treatment, procedure or surgery.

Knowing what the basics of a med mal claim are before you try to file one is a good idea, largely so you don’t waste time pursuing a case that isn’t a case. The first thing you need to know is that when it comes to figuring out if there is medical malpractice afoot is whether negligence was involved in your injury. You need to be able to show that the doctors or other medical professionals in charge of your care were negligent in their duties to you and because they were, they caused you harm.

The negligence we’re talking about here may come in many forms. The most glaringly evident one would be if a surgeon left a sponge inside your body after an operation. A far more subtle one would deal with misdiagnosis of cancer. In the case of a doctor leaving something in your body, you have a fairly solid case to work with, because there is plenty of evidence that shows the instrument or object inside your body. It is evidence like this that an Atlanta personal injury lawyer would use in court while representing a medical malpractice plaintiff.

On the other hand, misdiagnosis or failure to diagnose is a different can of worms. These are difficult cases to prov because the field of medicine is fraught with all kinds of what ifs, alternatives, diseases that mimic something else and human error. For a misdiagnosis, you need precise and very clear evidence that the medical professional didn’t recognize the signs of your condition and also failed to do something about it or failed to implement the proper or right treatment/medication(s) to deal with the issue. In cases like that, you will need an expert medical witness who combs through your medical history in depth and who will testify for you in court.

One thing you need to remember is that if the jury finds that a doctor did everything they possibly could to provide the absolute best outcome for your treatment or procedure, they will often find for the defense, even if your condition is not fixed. This is why you really need to speak to a skilled and competent Atlanta personal injury lawyer about your case. If however, there is obviously gross negligence in the handling of your case, this is another story altogether.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

It’s obvious what kind of physical repercussion an attack can have on a victim, but most people have no idea how dog bite laws can affect them, too, such as the “first bite” or “one bite” rules.

Most states follow the “one bite rule,” which says that owners are not liable for a dog’s first attack provided the owner was not negligent in some manner. The rule, however, does not apply if the owner had previous knowledge that the dog was aggressive or dangerous, or had a propensity to harm people.

In Georgia, it can be difficult for dog-bite victims to prove that an owner was negligent. To do so, the incident must pass a two-part test.

“First, it must be proven that the dog had a previous tendency to bite or attack people and, second, that the owner had knowledge of such behavior,” said Robert Webb of the Atlanta-based personal injury law firm Webb & D’Orazio.

The other way to prove liability against a dog owner under the state statute is to show that the owner violated a local or county leash law when the event occurred.

Statistics show that when dogs attack, the most common victim is a child. Dog attacks cannot only bring physical scars to youngsters, but emotional ones too that lead to a fear of animals for the rest of his or her life.

“In the wake of a dog attack, it is important to understand the particular procedure that may follow, in regard to filing a dog bite lawsuit and seeking financial compensation for your injuries,” Webb said. “If you would like to discuss whether you may have grounds for a civil lawsuit against the owner of the dog that was responsible for your injuries, you should seek the advice of an experienced Atlanta personal injury attorney.”

To learn more, visit http://www.webbdorazio.com.

Each state in the United States sets its own statute of limitations, which can vary from one to six years. Here in the Peach State, the limit is two years from the date of injury. For a minor, however, the situation is different: The statute of limitations does not begin until the minor has reached 18 years of age. That means if a youngster is injured at age 14, he or she may file to recover damages up until the age of 20.

“Sometimes after an accident, it is immediately clear whether you are injured,” said Robert Webb, of the Atlanta-based personal injury law firm Webb & D’Orazio. “At other times, it is not. It is in your best interest to retain an attorney to help you settle your claim in a timely and efficient manner.”

Personal-injury accidents can be physically and emotionally damaging so it is important to find a lawyer who shows both zeal and compassion.

When considering filing a formal claim, there are several steps that one can take to help the claim process along. Many of these actions can be taken by the injured person’s attorney, too, of course. The steps include:

•Making notes of the incident. What happened? What are the injuries? What were the circumstances and conditions surrounding the incident? When did it occur?

•Keeping evidence of what caused the accident, if possible, and taking pictures to illustrate important details about the incident.

•Taking note of important witnesses who can verify what happened and help the injured person prove his or her case. Find out how an attorney can get in touch with them at a later date.

“If you or someone you know has experienced a personal injury, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries,” Webb added.

To learn more, visit http://www.webbdorazio.com.

In the Atlanta area, there are many professionals available to you, to be sure. But it is important that you choose an attorney who specializes in personal injury cases and who has the compassion, zeal and experience for the job. Personal injury accidents can be emotionally and physically demanding and the last thing you need to worry about is whether your lawyer will be working hard enough to secure the damages that you are seeking.

It is necessary that you act quickly and wisely in selecting someone to represent you to help you receive compensation for your injuries, lost wages, medical expenses, property damage and pain and suffering.

There are a seemingly endless number of lawyers who can represent someone and fight in court for their rights, but as a victim you need someone who takes your case as seriously as you do.

It may also be possible to secure punitive damages. Punitive damages, also known as exemplary damages, are awarded in cases where the defendant is deemed to have acted especially egregious or has a track record of taking the types of actions that have led to your personal injury. They are typically awarded by judges and juries.

With important compensation at stake, it is necessary that you secure the right attorney. Here are some tips for finding a good personal injury attorney:

-Ask for a referral from another lawyer you trust, from a friend or from a membership organization or state bar association.

-Make sure you interview your attorney during the initial consultation. Ask about his or her experience, whether or not the case will be taken on a contingent fee basis, whether he or she will be personally working on the case, how often you will receive progress updates on your case and anything else you need to know that will make you feel more comfortable with him or her.

-Select an attorney who specializes in your type of personal injury case. The more specific experience, the better.

-Ask for a written retainer agreement.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

However, the flipside to the story is that some patients have dealt with lasting injuries brought on by negligence and malpractice from surgeons.

What is LASIK?

LASIK, which stands for Laser-Assisted in Situ Keratomileusis, is a procedure that was developed about 20 years ago to combat astigmatism, myopia and other common vision issues. The surgical procedure is relatively simple and is undertaken by cutting a flap in the corneal tissue of the eye before a laser is used to correct the visual condition.

Typically, any complications disappear within a couple of weeks of surgery. Unfortunately, this is not the case for some patients. These patients have to deal with long-term complications ranging from pain to dry eye to light sensitivity to, in some cases, blindness.

How do you know if you have legitimate malpractice suit? Many of the complications have arisen not because of a botched surgery, such as an errant cutting of the flap in the corneal tissue, but because of poor pre-surgical screening. Some patients simply should not have been allowed to receive the procedure.

For example, people with thin or cone-shaped corneas are not good candidates for LASIK surgery, yet some patients were still OK’d for LASIK.

Complications from LASIK surgery can lead to a lifetime of problems and “visual exhaustion.” Sometimes victims can have difficulty driving or working as a result. Sometimes it affects their personal and social lives, too.

If you or someone you know has experienced a serious LASIK surgery complication, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Usually one of the first things that a criminal defense lawyer does when someone has been accused of committing a crime is to contact a private investigator. Ultimately, it is expected that this step will garner the accused the very best possible defense by finding additional facts and details pertaining to the case. But many defendants don’t know what the investigator does for them.

“More often than not, the private investigator digs deep to find hidden information about your case. They get a wide variety of facts from various sources, including using the computer to track files or a digital trail. These days, a necessary skill is the ability to tackle encrypted files, determine if passwords have been altered and/or if certain documents have been deleted. The 21st century has created an electronic milieu for everyone to conduct their activities. However, they leave traces of what they did and where they’ve been that may be tracked later,” said Robert Webb, of Webb & D’Orazio, personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

A good detective looks at all the various angles of a case to see who else may be involved, who may be building a case against you, what they are looking for and any inconsistencies or holes the defense could utilize while in court. Public and private records are scoured from top to bottom in the search for evidence the defense may use. “And if we need a certain witness, the investigator will track that person down in order for us to build a solid criminal defense case,” Webb said.

While not all law firms use private investigators, they definitely have their use when it comes to helping a criminal defense lawyer build a good case for a person accused of a crime. Investigators work with witnesses, various types of surveillance equipment and work legally and ethically – or they could not present the evidence in court.

“If you need a tenacious criminal defense lawyer, give us a call. We’ve got your back and have ‘been there and done that’, so we know the system. Let’s talk about your case,” Webb said.

To learn more, visit http://www.webbdorazio.com.

Anyone who has ever been through some kind of medical treatment is likely aware that just one slip up, one small mistake, one misunderstanding can result in medical malpractice. Unfortunately, even though the medical profession does a fine job under difficult circumstances, bad things do happen and patients get improper treatment or the wrong treatment altogether.

The wrong treatment puts a patient’s health and welfare on the thin edge of the razor; a fine line to walk when dealing with another person’s life. The wrong treatment means the real cause of the illness is undetermined and untreated, which means the patient will get worse. The long-term consequences of this medical missed diagnosis may result in serious harm or death.

“Typically, improper treatment may happen in a variety of ways,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia. “For example, the patient gets either not enough medication or too much or the individual is treated for the wrong illness/disease, because they were misdiagnosed.”

While there are other things that may happen to an unsuspecting patient, the other most common error is when a health services worker (doctor, nurse, charge nurse, etc.) makes a clerical error and a patient gets the wrong medication. “Of course, any of these scenarios may cause irreversible harm to someone or kill them and if you have been in a situation like this and lived to tell the tale, you will want to discuss your case with an Atlanta personal injury lawyer,” Webb said.

The major difficulty with not treating a disease is that it continues on its course unabated and may, over time, become untreatable. Those who have been victims of improper treatment may very well be entitled to financial compensation for their medical malpractice injuries. “If you have any questions about a situation you have been in, give me a call. I would be happy to discuss your case with you,” Webb said.

To learn more, visit http://www.webbdorazio.com.

Wrongful death is a bit of an unusual term, because there is no such thing as a death that is right. As awkward as it may seem, to understand what wrongful death is, you have to look at the bigger picture. When someone dies as the result of the negligence or inaction of another person or an entity, this is called wrongful death. It may sound simple on the surface, but it rarely is, as any Atlanta personal injury lawyer will tell you.

For those who have died at the hands of another, there may be fairly large damage awards for the deceased’s loved ones. Wrongful death has no particular niche. It strikes at anytime, anywhere and may be the result of a car accident, medical malpractice or even not maintaining property to ensure it is safe for others to visit. Another form of wrongful death may happen when a 911 call for help is not handled properly or promptly.

An improperly handled 911 call would involve the dispatcher handling the call in a negligent manner or being careless about the information he or she gathered and sent out. If someone dies as a result of those errors, the operator may be held liable for the wrongful death. One enormous oversight made by 911 dispatchers is not getting enough information from the caller.

For example, not getting the right address or all the details of the emergency situation may result in emergency responders going to the wrong location or not sending the right kind of emergency personnel to the scene. Not having a complete understanding of the severity of a situation a caller is describing may also result in an untimely and unnecessary death.

Take the case of the baby who had stopped breathing in a small town. The family called the dispatch center six times over a 15-minute period but the calls went unanswered. For some reason they were not going through to the dispatch center, either due to operator error or a technical glitch. Finally, the last call for help was answered by an operator in the next county. Unfortunately, the baby died while help was on the way. While there are several facets of this case to be delved into, the result was a wrongful death.

If you have any questions about how a wrongful death lawsuit is handled in your state, make sure you call and ask a skilled personal injury lawyer. While every state has a wrongful death statute, each state also has slightly different rules and regulations. If you live in Georgia, make that call to an Atlanta personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Usually when the economy takes a turn for the worse, many businesses are forced to slash prices and push advertisements and flyers that say all stock is on sale and they’re closing out. What if a business could be restructured in such a way that tough economic times don’t bother them as much, and they may even able to ride out a recession?

This doesn’t necessarily mean restructuring legally, but instead, restructuring by being innovative and going with the flow. Instead of giving in to a recession, fight back by polling employees for their ideas to keep the doors open. Being innovative means using all avenues open to you, and that includes technology, employees and finding others with lots of experience with riding out rough spots to share their hard fought wisdom with you. It may also ultimately mean restructuring the company with the help of an Atlanta business law firm, but that is a detail you can attend to later.

What kinds of ideas would you need? Ideally, you want the drive and the will to make it through the rocky spots, and that means employees with ideas and innovations that are simpler, faster, shorter and more cost effective than what you presently have. Just because a business does things one way “because they always have done it that way,” doesn’t mean that way can’t be changed and stripped down to work better.

Certainly, it’s not just ideas that will allow a business to survive a recession, it’s also expansion. While that may seem surprising and counterintuitive, think about it for a minute. Take advantage of what is currently selling and improve upon it and expand it.

For instance: let’s say you have a dog training business that does basic obedience work. It’s popular, but you need a boost. You expand your services to include grooming, homemade dog biscuits, nail clipping, ear cleaning and pet sitting. You get the idea. Add services to what people already buy – a spinoff effect, if you will – and watch the revenue come in.

Above all else, be flexible with what you offer in terms of services and products. Partner with other businesses to offer customers an even greater level of service and spread the coin around. If you structure your business so that all your eggs are not in one basket, but each portion of your overall business can stand alone on its own, you have the recipe for success during a recession. It’s certainly worth trying.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

“While this may seem to be a no-brainer, there are a large number of people who, when faced with a police presence, panic and run. Don’t do this. It’s one of the worst things you could do and it doesn’t do you any good in court later, either,” said Robert Webb, of Webb & D’Orazio in Atlanta, Georgia. The firm practices personal injury law, business law, and criminal defense.

Many people, when they have been arrested or are about to be arrested, talk and sputter with abandon. Do not offer any explanations for anything to anyone. “Just provide your name and keep the details of whatever it is the police want to talk to you about to yourself, and only speak to me. Why? Because although you may be innocent and just nervous, every single word you say is taken down for use against you later. The reality is that the police are looking for probable cause to arrest you. If the police ask to question you informally, refuse. By asking, they’re telling you you’re a suspect. Call me and I’ll take it from there,” Webb said.

That last thing anyone under arrest needs to do is dig themselves a hole they can’t get out of, even if they were just trying to explain themselves. “Stay quiet, be polite, refuse to be questioned and don’t let the police make a case against you,” Webb said.

“If your car has been halted at a traffic stop and you’re asked if the police can informally search your vehicle. The answer needs to be ‘no.’ This is because arrest charges could come about as a result of that search. The long and short of this is, don’t give permission for them to search you, your possessions or you car,” he said.

“Even though being arrested is a traumatic experience, remember your rights,” Webb said. The police are required to give a Miranda warning about remaining silent. Take that advice to heart and do not say anything and get a criminal defense lawyer immediately.

To learn more, visit http://www.webbdorazio.com.

Most survival actions are launched in partnership with a wrongful death lawsuit. This is when someone dies suddenly due to the negligence of another. It may be due to a work accident, a dangerous/defective product, medical malpractice, car crash, an animal attack or medication errors. “As a net result of this unexpected death, those left behind face huge medical bills, burial costs, mental anguish and an overwhelming sense of loss; this in addition to trying to cope with their everyday lives. A wrongful death action lets the family get compensation for their loss,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia.

A wrongful death claim may only be brought by the deceased’s immediate family. That would mean siblings, children, parents or spouse. In most instances, it is the spouse or a personal representative of the estate who launches the lawsuit. If the only surviving family member is a minor, the courts appoint a Guardian ad Litem to protect his or her interests.

“If a family member has been killed due someone else’s negligence, don’t wait to file a lawsuit. Time is critical in cases like this. Each state tends to have a different timeline for actions like this For instance, South Carolina’s timeline is three years. In Georgia, the statute of limitations for a wrongful death lawsuit is two years, so don’t wait,” Webb said. If the statute of limitations runs out, the plaintiff can’t pursue their claim.

Damages in cases like this generally fall into two rather wide categories, non-economic loss and economic loss. “In the non-economic loss category, you’d find things like loss of consortium, mental anguish and loss of companionship and society. In the economic loss category are things such as funeral and burial expenses, loss of support, loss of inheritance and loss of services provided to the home and family,” Webb said.

As for survival actions, this deals with damages suffered by the deceased prior to death. The survival action and wrongful death actions are usually filed together. These damages may include pre-death pain and suffering, pre-death mental anguish, loss of enjoyment prior to death and pre-death economic loss. Pre-death economic loss usually refers to items such as medical bills and lost wages. “These actions may also include a request for punitive damages against the person who caused the accident. If the act the negligent person committed was so egregious as to be reprehensible, the court may award punitive damages to punish the defendant,” Webb said.

To learn more, visit http://www.webbdorazio.com.

George and Joseph American were debating the merits of the health care system over their morning cup of coffee and bemoaning the number of medical malpractice suits they saw in the news. George opined that doctors are afraid to treat patients because they might get sued. While that may be true of some physicians, the vast majority stay in medicine because, first and foremost, they want to help people. Very few leave the profession because of high insurance, low reimbursements from insurance companies or medical malpractice lawsuits.

Joseph added that he was positive that doctors must just hate attorneys. It’s kind of hard to argue with that statement, as it may have a kernel of truth to it. However, a large number of doctors respect and rely on fine attorneys who are good at what they, do and that includes helping a doctor set up their business, handling their affairs with regard to real estate transactions, advising them about contracts and how to protect their assets and even draft up estate plans. Not every lawyer on planet Earth is out to sue a doctor for medical malpractice; some even defend med mal lawsuits.

The conversation eventually swung around to med mal insurance companies and how doctors must just totally have a hate on for them too. While some doctors may cringe when insurance renewal time comes up, they have no choice in whether or not they carry liability insurance. They have to have it in case an injured patient opts to sue them.

Liability insurance offers the doctor protection from lawsuits by offering the physician a seasoned defense attorney. In reality, paying those premiums every year means they get legal assistance without paying out of pocket. Furthermore, should a court find for the plaintiff, the settlement is taken from the doctor’s insurance proceeds and he or she, generally speaking, don’t pay directly out of pocket. In the rare case where injuries exceed insurance coverage, there may be a case made to recover compensation from the doctor directly.

The George and Joseph conversation finished off with a lively debate over doctors practicing defensive medicine so they don’t get sued. This is an interesting area, as some doctors do precisely that, run test after test to find out what is wrong. The more tests, the better, so a patient can’t say the doctor didn’t do all of the necessary checks. While the patient might like that, some say all the tests are not necessary and end up increasing the price of health care.

It’s time to see the other side of this problem, which is that insurance companies, not doctors, are determining what tests should be run and what tests can’t be done. The physician may run some of the standard tests but not see anything. They need more focused tests to diagnose the patient. Critics say the high-end tests are great, but the insurance company should not pay for them. Thus, the insurance company now becomes a doctor; a company that knows only how to keep expenses low to make a profit. The same company that will tell the doctor they don’t think your X-ray or MRI is “medically necessary.”

The next time you have a conversation or debate about doctors and medical malpractice, it might be nice to mention some of the things you read about here.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

A personal injury lawsuit is far more encompassing than many people realize. While it is primarily about your injuries, it also focuses on the negligence involved in the accident that harmed you, your pain and suffering, lost wages, loss of future wages, medical bills, medication and a host of other things, including inconvenience, anxiety and property damage. Calculating losses sustained in a personal injury case is more than just a little complicated. Your Atlanta personal injury lawyer will outline this to you when discussing your case.

To begin with, the type of injury you sustain will greatly affect how damages are figured. Generally speaking, there is a rule of thumb in the legal system that says the greater the injury, the more compensation is generally allocated to your settlement or verdict. Keep in mind, insurance companies do their own thing and will do their best to minimize your injuries and reduce or try to deny your claim. While you may be in hospital with a halo and facing months of surgery and therapy to be able to walk, the insurance company will try to find a way to make your pain and suffering sound minimal, like imply your injuries are pre-existing.

When filing a report for your insurance company and for your Atlanta personal injury lawyer, tell the complete truth as you know it. Don’t embellish it, minimize it or downplay anything. Tell it like it is and spell out all your injuries in a matter-of-fact manner. Stick to the facts, and the insurance company won’t find any loopholes to pick at later.

Damages in total may be factored down further into medical special damages/expenses, non-medical special damages/expenses and property damage/expenses. In most cases, your medical expenses are fairly easy to figure out since you have receipts for those. The kinds of things you’d need would be proof of money out of pocket for an ambulance, doctor’s fees, the ER, operation fees, medical exams, medical equipment, physical therapy and medications. This is fairly straightforward.

The category of non-medical special damages is far more complex and deals with all that you could have earned if the accident had not happened, and all the bills you acquired because of your accident. This area also includes future lost wages, vacation leave, sick leave that has not been taken, travel costs to the doctor and physical therapist, child care expenses and housekeeping services if you can’t handle housework any longer. Lost commissions and overtime pay may also be considered in this category, depending on the nature of your job. The best thing to do is to keep precise records.

Property damages are included in filing for compensation in a personal injury lawsuit, as well. This would include the cost to fix your vehicle, storage fees, towing, broken glasses and destroyed clothing. Again, keep all your receipts and give them to your Atlanta personal injury lawyer. It never hurts to be very detail oriented when it comes to documenting expenses for an accident claim.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

For many people with serious spinal cord injuries that result in paraplegia or quadriplegia, the future care expenses are likely to be so high that there is no alternative but to seek compensation for them. The high future expenses, significant potential future wage loss, and pain and suffering often lead to very large claims for individuals who have sustained spinal cord injuries. As such, these cases require skilled representation by a personal injury attorney who has experience settling or trying spinal cord injury cases.

When victims are looking for a lawyer to handle their serious spinal cord injury case, they will make a better decision if they are aware of the types of claims a lawyer should be making on their behalf. The following factors should be considered in spinal injury cases:

• Loss of Earning Capacity – Loss of earning capacity is one of the major factors taken into consideration in a spinal cord injury claim. In order to determine earning capacity, a vocational expert will testify about how much of the victim’s expected lifetime earnings will be lost due to injury. Many SCI survivors cannot ever return to work; others do eventually, but they may have to take a lower paying position and their recovery may take a period of years. The vocational expert will show the jury what the victim would have expected to have earned over his or her lifetime had injury not occurred.

• Future Care Costs – Most people who suffer spinal cord injuries need various degrees of care throughout their lives. This care may range from a part-time housekeeper to a full-time attendant, as well as various medical services. A life care planner will assess the victim’s possible future needs and testify about them to a jury.

• Pain and Suffering – Pain and suffering is by far the most difficult element to assess in a spinal cord injury case, as it is less easy to pin down than lost wages or medical expenses. Being compensated for pain and suffering is an attempt to compensate a victim for the time that he or she is in pain after an accident. It deals with how one’s life was affected by the accident and one’s ability to carry out the activities of daily living.

Although these are not exhaustive categories, these are the major items that a spinal cord injury victim should discuss with a personal injury lawyer when advancing a claim or deciding whether or not to accept a settlement.

To learn more, visit http://www.webbdorazio.com.

Over the past several years, motorcycles have become more and more popular. Not only are they gas efficient, they’re also a fun way to travel. Unfortunately, as the number of motorcycles has increased, so has the number of accidents. Although the number of motorcycle accidents that occur throughout the United States is relatively high and continues to grow each year, the reasons for these large numbers are often misunderstood. While there are a number of different causes for motorcycle accidents, many people seek to blame the cyclist for choosing a vehicle that lacks many of the safety features found in cars and trucks. Motorcycle accidents, though, cannot simply be blamed on an individual’s choice of transportation. A large number of motorcycle accidents actually take place, not due to the driver, but because of the negligence of other automobile drivers, debris on the road or unsafe road conditions.

Even though there are a number of other factors that can result in a motorcycle accident, the stigma associated with motorcycle riders is so prevalent that some insurance companies, juries, and even judges are often biased against a cyclist. This bias can sometimes result in ignoring the person or persons who actually caused the motorcycle accident to happen in the first place, and this can mean that the injured cyclist is denied the compensation owed to him under the law. Astoundingly, a cyclist’s own insurance company may refuse to pay some or all of their legally owed insurance costs.

To fight this bias, the most important step a victim or family member of a victim can make is to locate a good personal injury attorney who has experience in motorcycle accident cases and will help them seek damages to pay for medical bills, motorcycle replacement or repair, pain and suffering, loss of work, and any other motorcycle accident related expenses.

To learn more, visit http://www.webbdorazio.com.

When drunk driving cases are brought to a criminal court, the court will take several factors into account before sentencing the driver, such as the driver’s prior clean record as well as his or her character. These considerations may actually result in lenient charges and sentences which are nothing in comparison to the destruction caused by the drunk driver. As a result, families who have lost loved ones or persons who were injured in a drunk driving accident may feel that they did not receive the justice they deserve from the criminal system.

Civil liability in such cases can give a family or the injured individual the opportunity to pursue justice by holding a person financially accountable for his or her negligence. Even if the evidence of intoxication is not sufficient to carry the criminal burden of proof, it may still be enough to carry the civil burden of proof.

An injured person has the right to claim compensation from a negligent motorist in a civil suit for a variety of damages:
Medical expenses already incurred

• • Future medical expenses
• • Physical pain
• Mental suffering
• • Loss/Destruction of property
• • Loss of enjoyment of life
• • Permanent physical disability
• • Lost wages

Drunk driving accidents cost our society greatly, from the injuries or deaths of loved ones to the costs of paying for the accidents. Persons who engage in drunk driving should be held legally responsible for their actions. Filing a civil suit against a drunk driver can make them pay for their poor choices and help keep them off the road.

If you or someone you love has been injured in an accident, you should seek the advice of an experienced Atlanta personal injury attorney who can help you seek justice for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Sustaining an injury is difficult enough on its own, and having to bring a lawsuit to obtain proper compensation and payments for your injuries only makes it more complicated and stressful. It would almost be unbearable if a victim had to pay taxes on the compensation he or she receives for injuries. Fortunately, the government has recognized that injury settlements do not qualify as earned income. Rather, these settlements are intended to compensate the injured victim for the pain, suffering, and disabilities he or she has suffered at the hands of another’s carelessness or negligence. As such, injury recoveries are not taxable.

Section 104(a)(2) of the Internal Revenue Code excludes from a person’s gross income any amounts received from personal injury awards. It provides that gross income does not include any damages received, whether by suit or agreement and whether these are received as lump sums or as periodic payments, on account of personal injury or sickness.

While the IRS code protects the monetary awards of most personal injury victims, there are some clear exceptions to this provision. For example, any money awarded as punitive damages is taxable. This is because punitive damages are primarily intended to punish and discourage the behavior exhibited by the defendant; they are not intended to compensate the plaintiff. Lost earnings are also taxable if a portion of the settlement is specifically designated as compensation for lost income. Further, any money paid for psychological injuries may also be taxed.

It is important for victims to understand that once settlement proceeds have been received, the taxability of that money is just like any other money they would invest or put in a savings account. When you invest your monetary award into taxable investments, any profit or gain you achieve is subject to taxes.

If you have been injured in an accident due to someone else’s negligence, you should contact an experienced Atlanta personal injury attorney who can help you seek compensation for your injuries.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

All too often during the summer months, children become the victims of drowning. Parents of a child who has drowned may have a claim to recover wrongful death damages for the child’s death. In order for this to be feasible, the circumstances surrounding the death need to clearly show that someone other than a family member was negligent in allowing the child to drown. For example, if the child drowns in a pool that provides a lifeguard service, there may be a question as to whether the lifeguards on duty were providing adequate protection for the swimmers. There may also be issues regarding the slope of the pool and whether a safety line is in place. In addition, another swimmer could be held responsible for the accident.

A wrongful death claim that involves a drowning can be difficult to pursue successfully. The circumstances surrounding a drowning are essential to proving liability, so involving a lawyer in the matter immediately will allow for proper investigation of the facts surrounding the incident. Preserving evidence, such as witness statements, is important to do immediately, as memories fade rapidly and can be influenced by outside factors. Also, physical evidence tends to be lost and destroyed quickly, so hesitating to hire an attorney may actually prevent the claimants from discovering who is at fault for causing the drowning. Hiring an attorney right away ensures a proper investigation that includes conducting witness interviews and searching for physical evidence.

Pursuing a drowning case will require an experienced wrongful death attorney because expert testimony is often required to properly prove both liability and damages issues, and an experienced wrongful death attorney will have extensive knowledge of gathering and presenting expert testimony. For example, expert testimony is usually required to determine whether or not the slope of a pool is appropriate. In addition, wrongful death damages can be difficult to calculate as they are measured by the full value of the life of the deceased individual. Determining this value often involves complicated expert testimony about what a person might earn during a normal life.

To learn more, visit http://www.webbdorazio.com.

In Georgia, individuals who are injured because of a fall may be entitled to compensation for injuries sustained in the fall if they were caused by the negligence of the owner or occupier of the property involved. Victims are often negligently injured in a fall due to slippery floors or other surfaces caused by water, food, grease, and a host of other foreign substances. In addition, poorly designed, manufactured or maintained curbs, walkways and steps may also be the cause of falls that injure victims.

Falls can result in very serious, even fatal, injuries. Injured persons can suffer from complex fractures and other serious injuries to ankles, wrists, arms, hips, elbows and shoulders, and these injuries can require extensive surgeries, cause serious medical complications and can even result in death. Older individuals are especially susceptible to falls and can be badly injured in such a fall caused by the negligent acts of others.

Under Georgia law, land owners are required to exercise care for the safety of others. When the owner or occupier of land allows others, by invitation or implication, to make use of his or her premises for lawful purposes, he or she can be held liable for injuries sustained by individuals that are caused by a failure to exercise care in keeping the premises safe. Land owners can breach their duty of care in the following ways:

By failing to use ordinary care to keep the premises safe;

By failing to properly inspect and maintain the premises;

By knowingly allowing invited guests to make use of an unsafe area of the premises;

By failing to post warning signs or warning markings in unsafe areas;

By failing to properly train and supervise employees in regard to the care of the premises; and

By failing to retain, entrust, hire, train and supervise employees.

Those who have suffered injuries on a property due to the negligence of another may be able to file a lawsuit to recover money for medical bills, lost wages, pain and suffering, or other accident related expenses.

To learn more, visit http://www.webbdorazio.com.

In the event that the deceased child does not leave behind a surviving spouse or child, then the child’s parents have the right of recovery. The parents will share this right jointly if they are still a married couple and are living together. If, however, either parent is deceased, then the surviving parent will have the sole right of recovery. If both the parents are living, but are divorced, separated, or do not live together, both parents will have the right of recovery, but that right will depend on the following:

If one of the deceased child’s parents refuses to proceed with the claim or cannot be located to proceed to recover damages for the wrongful death of a child, then the other parent has the right to hire a lawyer to represent both parents and the results of the lawsuit will be binding on both parents. When this situation occurs, the ultimate recovery should be shared equally by both parents. However, there are some exceptions to this. When the absent parent cannot be located, their share of the proceeds will be held for two years. After two years, the parent who initiated the recovery has the option to petition the court to receive the absent parent’s funds.

There are other options open to divorced parents when it comes to the right of recovery in a wrongful death suit. Either parent has the right to file a motion before trial requesting that the judge apportion any judgment awarded in the case. Doing so will require a hearing in which each parent will have the opportunity to show evidence of their relationship with the deceased child. The judge will use this hearing to determine the percentage of the judgment to be awarded to each parent based on the parent’s relationship with the child, considering such issues as permanent custody and support, as well as any other factors he or she finds significant.

If you have experienced the loss of a child due to another’s negligence and are considering filing a wrongful death lawsuit, you should consult an experienced wrongful death attorney who can advise you about how these laws apply to your case.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

When a workplace injury occurs, the injured person will often file a workers’ compensation claim for medical and lost wage benefits. A workers’ compensation claim, however, does not include compensation for non-economic damages such as physical and emotional pain and suffering.

Non-economic damages include all past and future pain the victim or his or her family will be forced to endure as a result of the victim’s injuries or death. In order to receive compensation for physical and emotional pain and suffering, a claim must be successfully made against a third party, someone who is not an employer or a fellow employee of the injured individual.

A good example of this is when the driver of a vehicle, due to negligence, crashes his or her vehicle into the vehicle of the employee while the employee is on the clock. In a situation such as this, the injured employee is eligible to make a workers’ compensation claim, but he or she can also bring a personal injury claim against the non-employer or employee driver of the at-fault vehicle.

Another way non-economic damages can be recovered is when an employee is injured by malfunctioning equipment that he or she uses while at work. This type of accident would also allow the injured party to make a claim for workers’ compensation. In addition, he or she may be able to make a claim against the equipment manufacturer, distributer, wholesaler and/or retailer. This type of claim would be considered a products liability claim and may be difficult to prove, but the option remains open to the injured employee or his or her family. If a products liability claim is successfully prosecuted the claimant will recover non-economic damages for any physical and emotional pain and suffering.

Work injury accidents can be emotionally and financially devastating for the victim and his or her family members. If you or someone you love has been injured or killed in a workplace injury, it is important that you speak to experienced personal injury lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

When it comes to head injuries, children present a special concern, because they are more prone to falling due to a lack of developed motor skills, are unaware of many of the everyday dangers around them and are dependent on others to care for them responsibly.

Because children are more fragile than adults, a head injury can actually take longer to recover from and can cause more devastating long-term side effects. Perhaps the greatest risk of a child head injury stems from auto accidents; however, there are many other ways that children can sustain head injuries that may lead to traumatic brain injuries. A child might sustain a head injury in: a child pedestrian accident, a bicycle accident, a slip and fall, a swimming pool or diving board accident, and as a result of sports or other related activities.

The effects of a child head injury can be mild to severe, depending on the level of trauma involved in the accident. After a head injury, children can suffer memory loss, speech impairments, learning disabilities, headaches, and even depression. A head injury can even impair a child’s natural development, which may affect his or her ability to live independently as an adult. The medical costs associated with such an injury can be overwhelming.

If a child’s head injury is sustained due to the negligence of another, be it an individual, manufacturer or organization, then it is possible to make a claim for personal injury. A head injury in children can be the fault of a school, the improper supervision of a child care facility, or even a hazard that was not properly taken care of from a property owner.

Head injuries can have serious consequences for children. It’s important for parents to be aware of the long-term costs associated with their child’s brain injury and have knowledge of what legal recourse is available in order to secure the funds necessary to give their child the type and level of medical care they need.

To learn more, visit http://www.webbdorazio.com.

The post Webb & D’Orazio Emphasize the Dangers of Head Injuries to Children first appeared on SEONewsWire.net.]]> http://www.seonewswire.net/2010/06/prescription-errors-and-pharmacy-malpractice/ Mon, 14 Jun 2010 14:08:23 +0000 http://www.seonewswire.net/?p=3843 An error in a patient’s prescription medication could have catastrophic health effects, and patients should be aware of their rights. Pharmacists have a duty to provide patients with the proper medication and dosage. The Georgia Board of Pharmacy regulates the…

Under Georgia law, a parent or parents can be held liable for damages in an accident involving their child if the vehicle involved can be classified as a “family purpose vehicle.” Under the family purpose doctrine, if an automobile is maintained by the owner for the express purpose of his of her family’s convenience, the owner is then liable for any negligence on the part of his or her family that leads to an accident.

Once an accident involving a minor occurs, the courts will look at four criteria to determine whether or not the family purpose doctrine applies to the case in question:

1. The parent must own or have an interest in or control over the automobile;
2. The vehicle owner must have made the automobile available for family use;
3. The driver must be a member of the owner’s immediate household; and
4. The vehicle must be driven with the permission or acquiescence of the owner.

Generally, if the child lives with his or her parents, the parents provide a vehicle for the child for his or her use, the parents have control over the vehicle, and the child lives in the parents’ immediate household, then the parents will likely be held responsible for accidents the child has. They will, therefore, be responsible for any injuries and damages caused in the accident. However, if any of the aforementioned criteria are not met, then there is no parent liability, and the minor will be the only responsible party for the damages caused in the accident.

If you have been injured in a car accident, you should consult with an attorney so that you can recover damages for the injuries you have suffered. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit. Experienced personal injury attorneys can help you determine whether or not the family purpose doctrine applies to your case and can help you get the compensation you deserve.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Those who have experienced the loss of a loved one thanks to the actions of another individual or a company may file a wrongful death claim or lawsuit in civil court. Perhaps the best example of a potential wrongful death suit is the proposed suit to be launched by Katherine Jackson, Michael Jackson’s mother.

The people who choose to bring the lawsuit are called plaintiffs and the people they file the suit against are called defendants. The main difference between civil and criminal actions is that in a civil action damages are awarded to the plaintiff and in a criminal lawsuit it’s the state taking action after a crime has been committed.

The kind of damages awarded in civil cases tends to vary from state to state and it’s best to consult with a skilled wrongful death attorney for further information. Some of the factors taken into consideration when an award is determined have to do with how the deceased handled money while alive, what income would have been earned had they lived (future earnings), the cost of the death which includes medical and funeral expenses, and the suffering and pain of the family left behind to cope without their deceased family member. Awards in these kinds of cases are typically referred to as a settlement, and are usually paid out over a “structured or specified” length of time.

Structured settlements are handled in a variety of ways. Typically, once the award has been made a structured settlement factoring transaction kicks in, letting the family get a lump sum payment instead of many smaller, proportioned amounts. At this point some plaintiffs opt to sell their rights to get all or part of their future payments immediately. This is something that definitely needs to be discussed with a highly qualified wrongful death attorney, as although there may be advantages to selling the structured settlement, it isn’t the right route to go for everyone.

It’s not unusual for people to sell their settlements to get money up front because in most instances by the time the award comes through they are in need of money to pay overdue bills and other expenses such as educational needs, improved housing, different transport, and unexpected and continuing medical bills and rehabilitation.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Malpractice cases don’t always center on medical malpractice issues. In fact, the term malpractice refers to any act of neglect or failure by a “professional.” These kinds of cases also happen to involve accountants, nurses, dentists and lawyers.

The difficult thing about malpractice cases is what actually constitutes professional neglect. This is a hard thing to prove, as it usually boils down to a “he said/she said” situation and involves what other pros in the same profession as an accused consider to be the “gold standard” of proper and ethical practice.

Professional neglect is an act by an expert that harms a patient or client. In other words, the person on the receiving end of the negligence suffers some harm. Usually in cases such as this the assertion is that the quality of care or the service provided was outside the generally accepted standards followed by others in the same profession.

There is, however, another meaning for the term malpractice and that is an act done on purpose by a professional intending harm. For example the case of an accountant or stockbroker who misappropriates money from his or her clients. It may also mean an instance where a patient in a hospital gets the wrong medication and it causes physical harm. This would be a prime example of hospital malpractice. Medical misdiagnosis may also fall into this area of law.

While it likely goes without saying that experts in any profession are only human and are sometimes prone to making mistakes, the dividing line between an honest mistake and malpractice is when the harm caused by the practitioner could have been avoided if they had only acted in a reasonable manner “under the circumstances.”

The most common cause of death in the U.S. is medical malpractice and includes cases involving bungled surgery, cancer misdiagnosis, birth injuries, and medication overdoses or mistakes. Ranking right up there next in line are errors relating to not getting informed consent before doing a medical procedure and the failure to act quickly to treat a diagnosed condition.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

These figures will shock and likely dismay you. There are well over a million people a year across the U.S. who suffer harm or death due to medication errors. It’s these kinds of mistakes which may well lead to a medical malpractice case or a wrongful death action. Don’t guess which legal route you may be eligible for because these cases are difficult to prove. Always speak to a highly skilled medical malpractice attorney for advice and an assessment on whether you have a solid case.

What constitutes a medication error? In a nutshell, it is any “preventable act” that may cause or wind up causing improper medication usage and patient injury while being cared for by a health professional. Known also as prescription errors, these potentially deadly slip-ups may come about as the result of poor product labeling, the wrong orders being given, inappropriate compounding, monitoring, administration or use and dependency. It only takes one minor mistake handling drugs and the consequences could mean severe harm or death for an unsuspecting patient.

Recent statistics indicate that the most common fatal blunder was giving the wrong dose of medicine. Those figures were a whopping 41%, with giving the wrong drug and using the wrong method of giving that drug coming it at 16%. This information would certainly give anyone in a care setting a great deal of pause for thought.

Unfortunately, many of the people in care are not able to question what drug they are being given and are in essence a captive audience being fed medications as the doctor orders. Whether or not the right orders were given and the person administering the medication does so in a proper manner are the other questions that may lay the foundation for a medical malpractice lawsuit.

Many medically negligent medication errors happen with people over the age of 60 years old. The major reason for this is that many seniors in that age bracket are on multiple medications and the chances for a potentially fatal interaction/reaction increase exponentially. Make it a point to check out all medications you have been told to take. Ask about side effects and compatibility of the new medication with existing ones. Read everything you can get your hands on about the drug and double check the dose, when to take it, how to take it and any other special instructions.

Being involved in your own health care is essential if you want to minimize the chance of having something go wrong later when you are not able to be present and alert to monitor what you are being given. If you suspect you have been the victim of medical malpractice or a family member died due to a medication error, contact an expert med mal attorney well in advance of the statute of limitations running out.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

There are far too many con artists out there these days to really take anything for granted any longer. You can thank the recession for that as more people try to find ways to make money. Let’s face it, investors are looking to recoup their losses somehow and on the other side of the fence, there are con artists just salivating to divest them of their money.

Be on the lookout for scams like the Ponzi scheme which dangles the golden promise of high returns in front of investors. This one works by taking funds from new investors and then paying off the first investors in the pyramid until it ultimately collapses. In the Ponzi, virtually all the investors lose everything, including the shirt on their backs.

We all know the real estate market is in a real mess and this is where the real estate investment con comes into play. It usually promises high returns for merely flipping real estate. However, investors lose out big time when expected work is never performed as promised or the house is located in a really bad area where no one wants to live.

A little closer to home and a bit more personal, is the investment/financial advisor fraud. This happens when an advisor without any ethics or morals takes advantage of their client not knowing much about investments. They may embezzle funds, grossly over inflate the cost of their services or have even been known to make up charges.

Another popular scam is the oil and gas investment con. It primarily assures investors they will make quick bucks on oil and gas ventures. However, these “ventures” never do get off the ground. Make sure you are aware and alert and watch for unregistered securities.

The worst scam of all, at least on a personal level, is something called the affinity fraud. The scam artist in this fraud uses personal connection to target groups, say at work, church or even a family, and lures them into making fraudulent investments. This one really hits home when those who have had the wool pulled over their eyes discover the deceit.

If you’re the victim of fraud or about to be charged with fraud, hiring the right attorney will make all the difference in the world. Don’t try to handle fraud situations on your own, as there are too many things that have the potential to go wrong.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

For commuters on their way to work, for those out on the Interstate byways and country back roads, spotting a big rig is a very common occurrence. They are part of the mosaic of America. They are also deadly instruments of destruction if involved in an accident. In general, most drivers don’t pay that much attention to the big rigs, nor do they give much thought to who is behind the wheel. In most cases, they’re too busy just driving, concentrating on getting from point A to point B quickly. And therein lies the problem.

When car drivers don’t pay attention to what they are doing, or what other vehicles are close to them and what they are doing, this is when accidents happen. Truck drivers are not mind readers. If they were, there would be fewer deadly car/truck crashes. Truck accidents are catastrophic and almost always involve fatalities.

While it’s true that a number of big rig accidents are caused by the truck drivers not obeying the rules of the road, the other factor here is car drivers taking responsibility for their driving habits. It’s a common sense fact that 18-wheelers are much harder to maneuver than a car and take longer to stop. It’s just like the Randy Travis song that says 18-wheelers don’t stop on a dime.

Consider this deadly scenario: a car passes a commercial truck, whips back into the same lane as the truck far too early and then suddenly stops. The truck driver has no hope in avoiding an accident in cases like that. Instead they may jackknife, flip or run over the car that cut them off – not intentionally, but because they can’t stop soon enough.

Many car drivers also make the mistake in thinking that just because they can see the truck, that the truck driver is able to see them. This isn’t the case. Just as there are blind spots while driving a car, there are blind spots for truck drivers. Don’t wind up in one of those blind spots.

Another tactical error that car drivers make if they’re not familiar with how big rigs turn corners, is move around the rig to the right, smack dab in the way of the rig as it turns. The consequences of this are not pretty, and while not usually deadly, there is the potential for serious injuries.

When traveling with trucks, singly or in a convoy, stay clear and well away from them. Give them the space they need to travel safely. Avoid driving between two trucks or getting too close for comfort. Commercial trucks need space, and lots of it. That’s just the way life is and car drivers sharing the roads need to be aware of their own actions and take responsibility to drive with caution.

In the event of an 18-wheeler collision, immediately, despite severe personal injuries, contact a highly skilled attorney to take the case. The road to justice will then be an easier one to travel.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

There have been many adventurous entrepreneurs who launched an enterprise on a wing and a prayer and later realized they were missing some important legal underpinnings. It’s never a good idea to get into something without knowing all the ramifications. This avoids some really nasty revelations later if the rules of commerce and legal p’s and q’s weren’t handled up front.

Not knowing what business related issues may come up is guaranteed to cause problems if all the proper steps aren’t put into place to protect the operation. For instance, all the paperwork needs to be filled out correctly, all the t’s crossed and the i’s dotted, to ensure there is a proper (legal) registered business entity. Any and all transactions undertaken in the name of the business must have the correct legal documentation to back them up. Doing this without the help of expert legal counsel is problematic, as there are so many pitfalls on the road to setting up a business.

Making sure all the documents relating to the venture are correct is one of the first priorities in getting set up, as these papers will come in handy if the firm is sued. This isn’t to say that just because a business has been launched that an in-depth knowledge of the law is required, as that’s what business lawyers are for in the first place. Having a general knowledge would be ideal in order to understand the concepts of structuring an operation and dealing with the day-to-day affairs and paper flow.

Consulting an attorney with expertise in this area is a smart move, because the same lawyer who made sure the business is legal and properly registered will be the same one that is able to keep the legal affairs of the company in order. Whether it’s a partnership, sole ownership or some other entity, such as a limited liability company, the attorney who specializes in this area will have the acumen to keep things on track and allow those involved in the company to run it without worrying about all the legalities.

If contracts are something done on a regular basis, having a working knowledge of how they work would make sense. It’s not required to be an expert in this area, as the attorney will handle that. It’s a given that the law is the purview of the business attorney and although entrepreneurs may like to be informed about the overall picture, it’s best the technical details are left to the lawyers. Business law is highly complex and only a skilled lawyer with extensive experience will be able to provide the best advice for companies.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Unfortunately, even though the law states those involved in crashes must stop and stay at the scene, there are an increasing number of people who jackrabbit, leaving the other driver wondering how they will recoup from the accident. Generally speaking, there are three possibilities why someone takes off after being involved in an accident: they were DUI, uninsured or unlicensed.

If the driver of the vehicle that took off and left you stranded at the scene is living in the U.S. illegally, there is a good possibility they have no driver’s license. Illegal residents have the ability to buy vehicles at auctions since no one asks for a driver’s license. What usually happens after they have fled the accident is they abandon the car, as it is usually untraceable even if it is recovered.

When it comes to uninsured drivers or those driving while under the influence, these leave a lot more clues as to their whereabouts. While this might be reassuring in terms of catching the culprit, when it comes to uninsured motorists, this will not do you much good. They won’t be able to pay for any damages. You might want to check with your insurer about uninsured motorist coverage, as this will provide compensation for pain and suffering, lost wages, etc. It will also apply to passengers in an accident.

Frankly, in this day and age, it makes a great deal of sense to have as much uninsured motorist coverage as you can afford. Too many things can go wrong when you’re driving and taking the chance that the other driver is also insured is a real risk. Your state may mandate uninsured motorist coverage, so check first before buying auto insurance.

If the driver that hit you was drunk, they may be found and they may also have insurance. Having said that, once again, this is a risk you take if you don’t also have uninsured motorist coverage of your own. If you are able to get the license plate number and a good description of the vehicle, it will help the police look for the culprit. With luck, that driver will be caught and does have insurance.

In cases like this, whether you have uninsured motorist coverage or not, make it a point to speak to an attorney who has extensive experience in dealing with auto accidents. S/he will brief you on how to recover losses if the other driver does have coverage and may be able to assist you in dealing with your insurance company if the driver was uninsured and you are having trouble with your claim.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

If you’ve ever picked up a paper and taken a good look at the headlines, you’ll likely see a case or two relating to medical malpractice. At least you will if the case is large enough to garner a fair amount of public exposure. Otherwise, many med mal lawsuits go unreported and virtually unnoticed except for the plaintiff and defendant.

The reality of the matter relating to how frequently medical malpractice lawsuits are filed lies somewhere in the middle. Either they are far more frequent than we believe and doctors have to pay out more in liability insurance (malpractice insurance) or the numbers are not as high as we think because many people don’t realize they have been the victim of medical malpractice or choose not to report it for fear of alienating their doctor. The truth at times is stranger than fiction.

The most up-to-date statistics relating to medication errors are from 2006, the follow-up survey done by the Institute of Medicine. Their updated figures show that from 1999’s first report indicating malpractice caused 98,000 deaths to 2006, the figure shot up to an estimated 1.5 million. Obviously the problem is not getting better with time. This particular set of numbers also showed outpatient clinics were responsible for the largest number of mistakes and deaths than a hospital. On the other hand when hospitals the made a mistake, they made ones that resulted in more severe injuries.

You may be wondering what kinds of mistakes doctors and other medical practitioners make. Generally speaking, the errors fall into five categories: medication errors, misdiagnosis, surgical errors, anesthesia malpractice and birth errors.

Doctors have the initial responsibility to correctly diagnose a patient’s illness. If they don’t get it right there is a high likelihood the treatment and/or medications will also be wrong. Failure to diagnose breast cancer is cited in roughly 40 percent of med mal lawsuits.

Another large percentage of med mal lawsuits are based on medication errors, which could mean the wrong medicine entirely, an incorrect dose, a wrong prescription or the wrong combination of drugs. These kinds of errors will of course make the patient’s condition a great deal worse, or in the extreme, result in wrongful death.

Birth injuries are usually caused by several things that include the doctor failing to provide pre-natal care, not performing tests that would show if there are any fetal abnormalities, not recognizing fetal distress, rushing to deliver the child too soon causing injuries for the mother and child, and providing adequate care for preemies. Negligence in this area may cause clavicle fractures (fractured collarbone), cerebral palsy, Erb’s palsy and shoulder dystocia, etc.

During surgery, just about anything is likely to happen. In most instances of surgical errors, negligence has played a large part in the death or injury. Generally speaking most injuries or deaths are the result of negligent pre-op planning and after surgery care. Other errors include not giving the right dose of anesthesia, performing the operation on the wrong part of the patient’s anatomy, puncturing an internal organ and leaving instruments in the body.

Of course anesthesia is a part of surgery and this calls for precision and a great deal of expertise in making sure the right dose is given and there are no pre-existing conditions that may complicate matters. The wrong dose may be fatal or cause serious long-term difficulties for the patient.

Medical malpractice may be found in just about any setting from the hospital to a pharmacy and from a dental office to the clinic of a gynecologist. If you think you may be a victim of medical malpractice, do not hesitate to contact a highly qualified medical malpractice attorney to find out what your rights are and have your potential case assessed.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Many medical errors may arise as the result of the patient and doctor not communicating well in asking the right questions or in answering them properly. “The errors may happen at any point during the time a patient and doctor interact, but more commonly, they are at the stage when the physician is doing diagnosis, handing out prescriptions for medication or reading test results,” indicated Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia

To avoid the possibility of medical errors, the patient needs to be their own doctor to a certain extent. For instance, it only makes good sense that the patient actively participates as part of the medical process; after all, it’s their body. “Interestingly, research is showing that people who are involved in their own care experience fewer medical errors,” commented Webb.

Taking all the medications a person is on to the pharmacist and/or doctor to check what you are currently swallowing may avoid any nasty or sudden drug interactions. This is particularly true in this day and age when people are also taking herbal supplements that might interact with conventional drugs, or when people are taking drugs with the potential for serious side effects. E.g. Fosamax

On a similar note, make certain to check and double-check your prescriptions when you pick them up at the drugstore. Make sure the medication in the bag is the medication that was prescribed by the doctor.

If a hospital stay appears to be inevitable, then ask about what kind of infection control program is on the premises. Stick rigorously to proper hand cleansing and insist the staff also do the same. “Double-check anything and everything about any upcoming surgery, to make sure the medical team understands all the details,” suggested Webb.

Having someone else along for chats with the doctor is usually a good idea as well, as the second set of ears may hear something the patient, who is under stress, may miss. It’s time for people to make a difference in their own health care and approach to wellness. “Being aware and alert, and always asking questions is one of the best ways to avoid medical errors,” advised Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

In most circumstances, the insurance company is out to protect their bottom line, which is to spend as little money as possible on any settlements. On the other hand, if a wrongful death suit goes to court, chances are the damages awarded will be a lot higher than what the insurance company was trying to hand out. Robert Webb of Webb & D’Orazio, an Atlanta personal injury lawyer practicing personal injury law, business law, and criminal defense in Atlanta, Georgia, has extensive experience in this area.

Sure it matters if the insurance company pays the medical bills and other things associated with a wrongful death – but – and this is the operative word here, but there are laws that entitle a person to a just settlement for their loss and grief. Simply put, someone who has lost a loved one is entitled to more than payment for doctor’s bills, etc. This is where hiring a good Atlanta personal injury lawyer comes into play.

It’s sometime difficult to know when to hire an Atlanta personal injury lawyer. However, auto crashes come to mind as one of the leading reasons people hire attorneys. “Speaking of car crashes nationally, the statistics reveal there were over 2 million people injured in crashes, with the death toll being 42,000 people last year. In Georgia alone, there were 1,600 deaths,” said Webb.

Those who have lost family members in crashes are entitled, by law under the wrongful death statutes in most states, to recover lost income, funeral expenses, pain and suffering and even punitive damages. Victims must remember to file quickly and before the statute of limitations runs out, and they are no longer able to file a claim.

Hiring an Atlanta personal injury lawyer in the case of a motorcycle accident also makes eminent sense, as the consequences of a bike crash inevitably change the rider’s life instantly. “If they survive the crash, they may have long-term physical difficulties. If they perish as a result of their injuries, their family members have the right to file a wrongful death suit,” added Webb.

Hiring an Atlanta personal injury lawyer is highly critical if someone has died as a result of an accident involving a big rig as well. These types of accidents are, in most instances, very deadly. It doesn’t matter what the cause of the crash was, what matters is being able to file for damages under the wrongful death statute. Consulting with a wrongful death attorney is the best option to obtain justice.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Injury to the spinal cord, the actual injury itself, is called myelopathy – damage to the white matter (myelinated) fiber tracks that transport signals up and down the spine from the brain. Interestingly enough, there is also another area of the body, that when damaged, is also referred to as a spinal injury – the grey matter at the central part of the brain.

Generally speaking, the most common reason a person sustains a spinal cord injury is due to trauma of some sort, such as falls, car accidents, diving accidents, gunshots, and even war injuries. Tumors also cause spinal injury – metastatic cancer, astrocytomas and meningiomas, etc., as does spinal bifida. There is a need to know the precise reason for any injury, as it directly relates to treatment and management of the condition.

If you’ve been diagnosed with spinal cord injuries, you were likely told that the injury was either complete or incomplete. Complete injuries are those where the patient doesn’t have any function below the level of the injury, or in other words, there is no mobility. Incomplete injuries are not as severe and many patients will have some movement below the injury site.

Surprisingly, there are a great many of these injuries reported every year, and in the U.S. alone there are approximately 450,000 Americans living with this condition in one form or another. Unfortunately, there is no cure for damages done to the spinal cord. However, having said that, after the initial treatment when the spinal cord injury presents in the ER, the intervention given will have an enormous effect on the outcome.

Living with a spinal cord injury is not an easy thing to do, and if you did not consult a personal injury attorney, you may be having a very difficult time paying bills and getting therapy. If you’re faced with a spinal cord injury diagnosis, it’s imperative you speak with a competent personal injury attorney who knows how to properly valuate your injuries for a lawsuit. You may be eligible for quite a sum of money based on the severity of your injury, and the costs involved to manage it now and in the future.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Many people just don’t stop to think that there may be an error when it comes to reading the results of their medical tests. They just assume that when the results are in, that whatever they say is the actual results. Unfortunately, this isn’t always the case and in some instances, misreading a medical test may result in injuries or even death.

An example of one area of medical malpractice is when a doctor misdiagnoses breast cancer. There are unusually two fairly common mistakes made that may delay diagnosis. The first error is failing to order a diagnostic test in the first place in order to rule out cancer if a lump is present in the breast. The second mistake is misreading the mammogram. If you live in Georgia and need to speak to legal counsel about this kind of situation, look for representation from an Atlanta personal injury lawyer.

As you can see, both of these kinds of errors would cause delays in a cancer diagnosis until it may be too late to do anything about it. In a case like this, the patient may have a case for medical malpractice.

Many doctors still do this today: reassure a woman that a lump in her breast is likely nothing much more than a benign cyst. Without any diagnostic tests to be able to confirm that “guess,” providing the patient with a definitive diagnosis becomes like a game of Russian roulette. While it may be statistically fairly accurate that most abnormal breast exams are the result of something besides cancer, not checking to be sure borders on negligence, something that needs to be discussed with an Atlanta personal injury lawyer.

There have been reports of doctors telling women they are too young to have breast cancer or that because their family has no history of it, that they are not at risk to get it. Unfortunately, breast cancer can and does happen to anyone, at any age. The only accepted medical practice is to run diagnostics. A clinical exam won’t provide much more information other than there is a lump. The bottom line here is that most cancer specialists are of the opinion that any lump needs to be tested.

If you have been in a situation like this, and were told you likely didn’t have cancer, or you discovered later that a mammogram was incorrectly read and you are now battling cancer, speak to a highly skilled Atlanta personal injury lawyer. Your attorney will represent you aggressively to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

“The biggest risk people take when they drive drunk in Georgia is losing their right to drive,” explained Robert Webb of Webb & D’Orazio, in Atlanta, Georgia. Being arrested for a DUI in the state of Georgia means the possibility of facing strict penalties; penalties that will follow a person for the rest of their lives.

Driving under the influence, while not a smart thing to do, does happen now and then, but even being caught once may wind up resulting in a one year license suspension, and this is for a first time offender (a person who has not had a DUI arrest in the last five years).

Unless there is a skilled DUI attorney involved in this affair, the penalties may be worse. Never make the mistake of thinking it’s just a “little” offense. “Make a call to a DUI lawyer right away and discuss the case with him or her. That one call may result in the case being dropped, the charges dismissed or the penalties mitigated,” outlined Webb.

For first time Georgia offenders being tagged with a DUI, a one-year license suspension is a significant blow to their lifestyle. This makes getting anywhere a major pain, so they may apply for a 30-day work permit that will let them drive to school or work, etc. While on the work permit, the first time offender may choose to complete a Risk Reduction Course and pay a fee. “Doing this may mean the reinstatement of the regular license at the end of the 30-day period,” added Webb.

The first time DUI offender isn’t just going to lose their license and that is the end of the matter. They may find themselves paying up to $1,000 plus other fees and court costs. This is yet another clear reason to hire a skilled DUI attorney who will go to bat for their client. While there may be no way around the minimum required one-day of jail time, sentences may range from 10 days to 12 months. “A good DUI attorney will be able to mitigate the terms of the sentencing to a certain extent,” said Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

The bottom line when it comes to accidents is that there are so many forms of potential personal injury accidents that over 80,000 Americans are killed or badly injured every year. Be it car crashes, medical malpractice, slip, trip and fall accidents, injuries on the job or wrongful death, there is a plethora of personal injuries that may see the courtroom before a year is out.

“The point is, when faced with injuries that have been caused by someone else’s negligence, there is the potential to be able to file a personal injury lawsuit,” said Robert Webb of Webb & D’Orazio, in Atlanta, Georgia. It means speaking with a skilled personal injury attorney and discussing the details of the case. Not every case goes to court, and this is something that a great many people don’t understand. They figure if there was an accident, then someone must be responsible for it, and that they need to pay for the injuries or any damage.

A personal injury accident is not as straightforward as 1-2-3 and there are usually many deviations along the road to justice. “The reason many cases do not go to court may vary, but some of them include filing a claim too late for the statute of limitations, not enough solid evidence to prove the other person’s negligence, or there was proportionate liability where those in involved in an accident were each 50% liable,” indicated Webb. Granted, that does not happen frequently, but the possibility does exist.

Let’s say that a case does make it to court. “What usually happens in personal injury cases is the plaintiff receives a settlement of some sort that may cover things like the cost of their medical bills, money for loss of wages, and damages for pain and mental and physical suffering,” outlined Webb.

The awards will vary depending on the severity of the accident, the degree of negligence, and several other factors that a top-notch personal injury attorney will explain prior to a case going to court. “Never make the mistake of thinking these cases are easily settled without the assistance of a good attorney,” added Robert Webb of Webb & D’Orazio, in Atlanta, Georgia. There are far too many pitfalls along the road to justice for the average person to be able to represent themselves in personal injury cases.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Many people tend to struggle with the definition of a wrongful death suit. Simply put, it’s a death that comes about as the result of someone else’s negligence. That is the basic definition, but if you added in recklessness and irresponsibility, you’d have a fairly good idea of the foundation of a wrongful death suit.

The other factor that needs to be understood is that there are still grounds to file a wrongful death lawsuit even if the death was the result of the “lack” of necessary actions that caused a death and it was unintentional.

Who benefits in a wrongful death suit? It is not the deceased. In most instances, it is the family of the deceased who may receive compensation. The compensation awarded in cases of this type is for economic/financial purposes. E.g. the family is without financial support because of the death and thus, any awards made would assist them to live. Of course, the award may also help deal with the expenses of medical bills and the funeral.

Wrongful death cases also deal with the area of emotional pain of losing a loved one. It’s not easy to put a price on grieving, however the courts make an effort to take the pain of losing a loved one into consideration in their awards. The bottom line is that wrongful death cases are really about making life easier financially for those left behind.

If you have lost a loved one to a tragic accident that you feel was the result of negligence on the part of someone else, speak to a highly qualified wrongful death attorney. S/he will assess your case and let you know precisely what your rights are and what would happen if your case were taken to court.

When speaking to your attorney, that is your chance to ask other questions about standards of proof required in this type of case, the statute of limitations and how the courts go about assessing compensation. While some of the information you receive may be confusing, your attorney will assist you in understanding what it all means. At this point, you will be able to make informed decisions about how to proceed with your case.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

It might not surprise you to know that the foundation of many medical malpractice lawsuits is someone misreading an X-ray, mammogram, MRI or CAT scan. Sure, they’re not the easiest things to interpret, but the people paid to do so have many years of training under their belts to enable them to do it right the first time.

Unfortunately, that does not always happen, because even those with extensive training have days when things just don’t go right. While it might be understandable, as they are human, a medical error like this has the potential to cause serious personal injuries or result in a fatality.

A good med mal attorney needs to prove that there was a mistaken interpretation of a test, which is not always easy to do. It is usually accomplished by having a qualified radiologist with extensive experience in interpreting imaging results. In other words, the med mal attorney will seek to hire an “expert” in the field of interpreting radiographic films to testify in court.

Keep in mind that the mistaken reading is not the only error in a scenario like this. This is merely the starting point for a whole cascade of errors that may ultimately include incorrect treatment; the wrong drugs and possibly counter intuitive therapy. If the disease in question happens to be cancer and the imaging results were misread, imagine the anguish of a patient who finds out either they have cancer and got the wrong treatment, or have cancer and were not diagnosed as such, leaving it to grow unchecked.

When using an expert in court, that individual needs to be able to not only support a misread/incorrect analysis, but also be able to offer the further opinion that there was no reasonable basis for that wrong interpretation. This isn’t easy to do either, and for this reason, medical malpractice lawsuits often take a fair amount of time to be settled.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

A tort is really classified as a civil wrongdoing that may be punished in court, and in most cases the aim of taking a tort to trial is to recover damages for the harm done and to deter/stop others from doing the same thing. “The most recognizable torts are negligence, product liability, battery and assault, trespassing, and the intentional infliction of emotional distress,” outlined Robert Webb of Webb & D’Orazio in Marietta, Georgia.

There is a fine dividing line between the tort categories that most tort (personal injury) lawyers adhere to – strict liability torts, intentional torts and negligent torts. Proving each of the cases in the various categories is the lawyer’s job based on the skills acquired from years of practice in this area.

“In general, an intentional tort means the defendant knew the consequences of their actions before the tort was committed. The best example here would be vandalism, where the perpetrator would have a certain goal in mind – e.g. to paint the bridge with swear words – and then carry out the deed,” said Webb.

A negligent tort is a bit different. It is something that happened to a person or a thing as a direct result of the defendant’s actions. For instance, if someone runs a red light on the spur of the moment, it wasn’t an intentional act against a particular person. However, the resulting crash harms others.

Torts that lie in strict liability refer to selling and manufacturing defective products. In cases like this, the defendant is solely judged on the basis of damages caused to someone who used the defendant’s defective item. “These cases are complex and a great deal of evidence is required to prove the case. Generally speaking the proof must be in one of three defect categories,” explained Robert Webb of Webb & D’Orazio in Marietta, Georgia.

The first defect category is design defect, meaning the particular defect was there before the product was created. Manufacturing defects speak to the product quality that is defective because of a construction flaw. “Marketing defects mean the instructions to use the product are flawed which means the product is misused and may cause injury,” added Webb.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

“There is recourse available in law if someone has been the victim of police brutality or misconduct,” said Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.
In situations like this, contacting a well-trained attorney with experience in this area will make all the difference in the world to the eventual outcome in court. Yes, justice will be done, as even the justice system itself does not take kindly to such brute force acts.

There is a fine line between what is considered to be misconduct/excessive force and necessary force in order to deal with or subdue a suspect. Cases like this tend to be complex and evidence or eyewitness reports are crucial to make or break a case. “These kinds of cases may also deal with police officers that have abused their authority and in doing so, mistreated the people they protect and serve,” added Webb.

While there are many theories why these kinds of situations arise, the most prevailing happens to be that police form a closed society, an “us versus them” mentality. “Being that they feel isolated from the rest of society and are in a position of authority, the alienation felt often drives some officers to disregard the rules and regulations everyone else is required to follow,” added Webb.

There are a variety of areas where police misconduct may take place, for instance in a jail setting, the use of racial profiling, false arrests, excessive use of force when other alternatives would have been more appropriate, improper or illegal searches, and sexual abuse. The question is how frequently these kinds of behaviors manifest themselves. The answer seems to be highly disturbing.

Thanks to the ever-present cell phone with video capabilities, many more officers have been caught doing something they really should not be doing. While this may mean today’s society is under more pressure and therefore the police react accordingly, it may also mean this behavior was more common than initially thought, but just not seen. “Suffice it to say that the taped evidence is finding its way into court and justice is done,” commented Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.

If someone feels they have been the victim of police misconduct, approach a skilled lawyer and consult with him or her about proceeding to file a police brutality claim that will see the light of day in court.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

In this day and age when everyone needs to save money, there is a tendency to buy lower quality, or substandard items. While the item may work for a short period of time, it is virtually guaranteed not to have the kind of shelf life we would like it to have. Aside from the fact that the product likely won’t last that long, the other silent threat is that the substandard quality of that product may cause the users injuries.

The U.S. Consumer Product Safety Commission’s statistics indicate that over 20,000 people die annually due to using defective products. If that number isn’t disturbing, then the close to 30 million individuals injured for the same reason should make you sit up and take notice. A significant number of those injured did choose to file defective product lawsuits to claim damages for their expenses, etc.

Flaws could be as simple as a faulty screw that holds a chair together or as severe as a short in the wiring of an electric appliance or tool, causing the product to explode. Sure, there may well be warning labels on the products, but the truth is that many people don’t take the time to read the labels. Even with a warning label, accidents can and do happen.

Just because something went wrong with a product you were using and you were injured, does not mean that product liability laws will cover all those injuries. An important factor to understand in product liability suits is that if you mishandled or didn’t use the product the correct way, it may mean you are not eligible for compensation.

If you are in a situation where you have been injured by using a poor quality product, take a moment to call a skilled defective product attorney and ask about the merits of your case. S/he will advise you, based on your circumstances, if you have a solid enough case to proceed to court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

To say that every state has its own dog bite laws and none of them seem to have too much in common, except the outcome (the bite), is a bit of an understatement. In most cases the existing laws happen to be a mish mash of statutory law, city ordinances, common law, case law and county ordinances. Despite the general over all confusion, most of the laws may be divided into one of two categories – the strict liability rule and/or the one bite rule.

You may have heard of the one bite rule, as many people are familiar with the expression, “The first bite is free.” What this means is that the owner can’t be held liable for injuries caused by his dog’s bite, as long as the owner wasn’t negligent in controlling the dog. As you may imagine, this would be an area wide open for dispute by both parties in such a case. Call it the “he said, she said” rule of dog bite lawsuits.

There are other things that come into play in cases like this. Aside from the negligence issues, the owner must not have allowed the dog to run loose in a public location and they need to be aware of their dog’s “propensity” to be dangerous. This too is a landmine area, as many owners deny their animal would hurt anyone – even if their dog isn’t an angel – when faced with proof showing otherwise.

How do people realize or recognize that their dog has a tendency to be vicious/dangerous? In most instances, there are signals that owners should be able to spot as being problematic. For instance, their dog snaps at other people or animals, or they put a muzzle on their dog. A muzzle, however, isn’t always indicative of an aggressive dog as some owners muzzle their dogs to stop them from eating sticks, etc. It’s a logical conclusion that the dog is likely dangerous if the owner makes it a point to tell others their dog is an attack dog or mentions their dog bites.

When it comes to the strict liability rules, this is a different can of worms. Strict liability, which is also called scienter (knowingly), says the owner is responsible for a dog bite injury whether or not the bite was the first, since they own the animal. In simpler terms, it means the owner owns the dog (legally) and therefore is responsible for it, which would include being responsible for its behavior.

Of course there are some exceptions to this strict liability rule as well, and if you are in a dog bite situation, it’s better to talk to a competent attorney about your case, rather than second guess what the law may or may not be.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

People have a passing idea of what a personal injury is – something that hurts or harms them personally. They also mostly understand that they may be able to be compensated for personal injuries if their case may be proven in a court of law. Despite the basics that people “get,” there is another fact that isn’t discussed too often. That fact is that there are, generally speaking, two classes of personal injury litigation.

The two classes of personal injury litigation are cases of negligence and cases of intent. In some instances lawyers will divide these cases into specialties. Generally speaking, cases of negligence mean that harm or injury has been done to a person because of the negligence/carelessness of someone else. In these cases, the victim has to prove the defendant had a duty of care to exercise reasonable caution, and didn’t – resulting in harm. To put this another way, the defendant breached a duty of care.

In instances of intentional torts, there is a very clear “intention” behind someone’s wrongful actions. This is an interesting area of the law, as it doesn’t matter if the injury was more excessive than intended. The facts are that there was “intent” and that kicks the case into the intentional tort arena. Compensation in these cases is hard to obtain, as insurance companies don’t provide coverage for things like this. The victim may still pursue the case to make sure the defendant is punished for his or her wrongful intent.

Since these types of cases are so diversified and each one has its own set of circumstances, it’s wise to consult with a personal injury attorney who is able to assess the merits of the case. The attorney will be able to advise if there is the possibility of compensation or not. Don’t refrain from contacting a highly skilled personal injury attorney because the case may not be clear-cut, as every case has its merits. The attorney will advise on the best route to justice.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

There are a number of things that someone could be sued for, and we’re going to discuss a few or the more common ones to be on the lookout for, such as a criminal investigation. One would hope that the business would never have to face something of this nature, however, depending on which industry the business is operating in, there could be as many as ten or more regulating agencies. Imagine how many things could inadvertently go wrong with that kind of government regulation.

The disturbing thing is that there appears to be a trend to target business owners, executives and the businesses themselves for investigation and prosecution of whatever rules and regulations they may have breached. It’s almost a daily news item to read about yet another company up for scrutiny for some kind of white-collar crime.

In order to ensure mostly smooth sailing, a business is best advised to offer to cooperate with all government inquiries, so long as they make sure they have an experienced attorney to field any questions that arise. This is a matter of making sure everyone knows what their constitutional rights are and what procedures are acceptable to follow during a criminal investigation.

Another area that is seemingly inevitable, is the suit filed by an employee. There are so many different types of lawsuits that may be filed; it almost boggles the imagination – from age discrimination to wrongful termination, or from pregnancy discrimination to racial discrimination.

One of the best ways to avoid this type of a lawsuit is to ensure the business has exceedingly clear rules and policies drafted by a knowledgeable attorney. Stick to the rules, treat the employees with the utmost respect, and make sure your rules and policies are continuously updated.

Interestingly enough, the other area that tends to crop up fairly frequently in business lawsuits is divorce and marital problems. Most people don’t give this a lot of thought, but any contracts that deal with the business should specifically discuss this eventuality (divorce), as it may affect how business is conducted.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The administration of anesthesia is a delicate art, and those trained in the field are highly skilled in using and monitoring the effects of anesthesia. This isn’t to say there aren’t instances where this goes awry. The recent spate of anesthesia malpractice lawsuits is a good indication that this area of medicine is just as susceptible to lawsuits as other more traditional areas of medical malpractice, e.g. misdiagnosis, severe reactions to drugs, etc.

Knowing the patient prior to putting them under for surgery is the responsibility of the anesthesiologist and requires that they not only evaluate the patient, but also confirm pre-op data and keep a meticulous record of the goals of the operation. These records must contain all pertinent information about every member of the surgical team and must also include the fact that the patient was assessed for tolerance to certain anesthesia.

While the patient is under, the anesthesiologist is responsible for the correct placement of IV lines, keeping track of the ECG, oxygen levels, and the automatic blood pressure cuff. In addition, they also take the lead role for intubating patient airways and the handling and administration of the anesthesia, medicines and oxygen, etc. Every task the anesthesiologist performs becomes a part of his or her records. These records may be examined as part of a trial.

When you stop to take a look at the role the anesthesiologist has in operations, it’s not too difficult to imagine something going wrong before, during or after the surgery. Things can and do happen. Every time an anesthesiologist performs their crucial part of an operation, their intentions are to do the best job they know how to do. Rarely are their intentions to botch things up. However, if an error in judgment is made, or something else goes wrong, the patient is the one who suffers the consequences of negligence.

If you feel that you have been a victim of something that went wrong while you were unconscious and being operated on, contact a skilled medical malpractice attorney. S/he will evaluate your case and advise you on how to proceed to justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Generally speaking, the term medical malpractice means negligence caused by health care professionals leading to injuries or the death of a patient. Medical malpractice has no particular method or place in which it strikes. It just happens to anyone, anytime, when they least expect it.

At one time medical malpractice wasn’t as prevalent, or more likely, was not recognized for what it was; thus, it went unreported. It is a situation still present today, as many people don’t realize they have been or are a victim of med mal. It is far too ingrained in society not to question the wisdom of doctors when, in fact, we should always ask questions as well as be our own medical advocates.

This is something not many people know: at the time of the first visit to a physician, the health of the patient is NOT the responsibility of that doctor; however, it becomes the responsibility of the doctor once treatment has commenced. A smart patient needs to keep track of doctor’s appointments, diagnosis, prescriptions and treatments.

So, what types of medical malpractice are there – the most common ones? Malpractice may happen at any time thanks to a delay in treatment, the result of medications prescribed, or even as the result of improper monitoring and/or administration of anesthesia.

In general, the most common forms of medical malpractice are birth injuries and defects, wrongful death, surgical errors, cosmetic surgery errors, breast implant malpractice, dental errors, psychiatric malpractice, and unnecessary surgery. No matter what the malpractice may be, be it a breast cancer misdiagnosis to mismanagement of a heart attack, the patient has the right to file a medical malpractice lawsuit and seek compensation for damages.

A word or two of advice about filing a medical malpractice lawsuit: do not wait or you will miss the statute of limitations. Most states have a two-year limitation, but don’t assume that is the case. Speak to a highly qualified attorney and find out what the statute of limitations says in your state.

If you choose to wait longer than two years, your chances of getting compensation drastically drops, statistically speaking, which isn’t to say you may not get compensation, but the chances of doing so are low. If you think you are a victim of medical malpractice, seek competent legal counsel to obtain justice.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

A good criminal lawyer is one that, in most instances, handles a variety of different kinds of criminal cases. Some, of course, prefer to specialize. This is something a person needs to realize prior to contacting an attorney for help. For instance, if an individual is charged with the crime of murder, there is no sense in calling a criminal defense attorney that deals with white collar crime and racketeering.

The main reason people contact a criminal defense attorney is because they need someone who is eloquent, knowledgeable and intimately familiar with the criminal courts – a voice that will speak for them on their behalf, such as Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.

Choosing one who has extensive experience in defending the type of crime a person is charged with is half the battle. The other half is making sure all the details of the crime and its commission, are relayed to the lawyer, no holds barred. Webb is intimately familiar with the rhythms of criminal court.

Criminal lawyers are not there to judge their clients, they are there to provide a defense because it is the law of the land – everyone is considered to be innocent until proven guilty in a court of law. The criminal defense specialist knows how to mitigate charges, perhaps get them dismissed (depending on the nature of the crime and the charge) and/or take a case to court to argue the points involved in the case. “A court appearance may ultimately result in acquittal, sentence reduction or even dismissal,” said Webb.

Understanding what the criminal defense lawyer does on behalf of a client goes a long way towards diminishing the fear factor of those involved in a criminal case. The attorney investigates the facts of the case; applies for search warrants where needed; is involved in interrogating witnesses and drafting arrest complaints; handles/defends those who have been indicted; handles bail proceedings where necessary; plea bargains; and takes cases to trial. If an appeal is a distinct possibility, the criminal defense lawyer will also handle that as well.

Never under estimate what a highly skilled criminal defense lawyer is able to do to ensure the scales of justice are balanced in the defendant’s favor. Contacting a skilled criminal defense lawyer such as Robert Webb of Webb & D’Orazio in Atlanta, Georgia, will ensure a just outcome to a criminal case.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Lawyers such as Robert Webb are very well-educated in the various fields of copyright and business issues and are able to advise a client facing a trademark infringement case how to proceed. One interesting thing about trademark lawyers is that although they do not have to pass specific exams to qualify to practice this type of law, they are respected members of the Georgia State Bar and are able to prosecute trademark infringements before the U.S. Patent and Trademark Office.

A good trademark infringement attorney does more that just offer advice on adopting and choosing new trademarks. They file applications to register chosen trademarks, get clients up to speed on the use and registration of the trademarks, and handle any trademark oppositions, invalidations, assignments and revocations. If a trademark has been infringed upon, the attorney steps in with expertise to deal with this issue.

Webb takes time to tell his business clients what options they have at their disposal to protect their ideas and help them make better decisions around running their businesses. This usually leads to a discussion of intellectual property and how to protect it. While it might be an expensive proposition hiring a trademark infringement lawyer, that lawyer will be worth every penny spent in protecting a client’s rights.

When considering whether or not to go into business and creating a trademark, make the first call to a competent trademark infringement attorney such as Robert Webb at Webb & D’Orazio in Atlanta, Georgia. This one phone call and the advice given will save a client a great deal of grief in the long run. It might as well be done right the first time, rather than finding out later that something is amiss and illegal.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

While aftermarket parts for bikes and cars are certainly less expensive, there is something to be said for the axiom, “You get what you pay for.” Of course not all aftermarket parts are defective, but there have been more than enough motorbike accidents as a direct result of defective aftermarket parts, that this is a concern for bikers.

It is also a concern for motorcycle crash attorneys who deal with the hundreds of hours of minutia it takes to put together a successful wrongful death case. Robert Webb of Webb & D’Orazio, Atlanta, Georgia, handles motorcycle crash injuries and deaths, and has seen a fair number of problems with defective aftermarket motorbike parts.

“The usual problem with aftermarket parts,” outlined Webb, “is that they may cause vibrations, instability in the suspension, or other problems that cause the rider to lose control of the bike.” The results of a motorbike crash are never pretty and the rider often suffers severe injuries or death. When an accident is caused by a defective aftermarket part this becomes a wrongful death litigation, requiring the expertise of a highly seasoned lawyer such as Robert Webb.

“We know how to litigate aggressively on behalf of a rider who installed aftermarket parts trusting that they were safe,” stated Webb. The major reason parts like this fail is mostly attributed to either poor initial design, the way the part was manufactured, or the materials used to make that part. “The bottom line is that if the manufacturing process is negligent and a part is defective, and that part is installed on a bike hitting speeds of over 55 mph or higher, the results may be a devastating crash,” indicated Webb.

Manufacturers of defective aftermarket parts need to be held accountable for the lives of people who died using their products, thinking they were safe to install on their motorbike. A highly qualified wrongful death attorney, such as Robert Webb, will be able to find justice for the biker’s family.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Statistics on pharmacy errors in the U.S. are quite chilling – more than 1.3 million people have experienced and will experience the consequences of this type of error yearly. Of that 1.3 million total, close to 100,000 die. Those numbers are staggering and certainly make one take a close second look at the prescription they just picked up.

It’s not just injuries and/or death that is the expected fall out from being given the wrong medication, it’s the cost of treating these kinds of errors that should also give patients pause for thought. Treating these kinds of errors costs taxpayers, on average, over $72 billion a year. All this because someone was given the wrong medications.

Pharmacy error isn’t just the result of the druggist giving out the wrong medications, although that is one of the possible errors. No, this error is also the result of being prescribed an incorrect dose. “There are any numbers of ways for errors like this to occur, and they include an improperly labeled drug, a dangerous combination of a variety of drugs and/or doctor or pharmacist negligence,” said Robert Webb of Webb & D’Orazio, personal injury attorneys in Atlanta, Georgia.

One of the other more common errors is usually the result of either a sketchy knowledge of abbreviations for dispensing the drugs or the abominable handwriting of the doctor. It’s not unusual for doctors to hurriedly write out a prescription that vaguely resembles chicken scratches.

Unless the pharmacist is familiar with the doctor, or takes the time to call, errors may be made in the proper dose of a required medication. For example, if the medication is to be taken two times a day (denoted by bid) and the handwriting appears to be a q (qid – 4 times a day), then the patient may wind up over dosing.

“Pharmacy errors are preventable to a certain extent by double-checking the medication with the doctor once the prescription is filled,” added Webb. Try and make sure the handwriting on the prescription is legible before taking it to a drugstore, and write down the dose and medication before having the drug filled at a pharmacy. This allows cross-checking to ensure what the doctor prescribed is what was dispensed.

Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

While there may be a great number of personal injuries that plague people during the course of their lives, such as a minor sprained ankle that meant you missed work for a couple of days, these things are taken in stride as “life happens.” Other categories of personal injuries, such as those as a result of a bad car crash, may carry hidden grief for years to come.

Car crashes inevitably cause a seemingly endless list of injuries from whiplash to a dislocated kneecap, from broken ribs to traumatic brain injury, and yes, even paralysis or death. The point is that in the case of vehicle collisions, not all the injuries are readily apparent within the first few days. It may take a longer period of time for the true consequences to show up.

Along with serious injuries or death comes traumatic stress, either for the injured person or for the family of the deceased. There are also countless medical bills, loss of income issues, loss of services, and of course pain and suffering, and/or funeral expenses. Personal injury cases with this kind of complexity require the services of a highly skilled personal injury attorney with extensive experience in the area of personal injury law.

Competent legal representation will make the world of difference when a case is taken to court, or even in the event of an out of court settlement. The problem is not many people truly understand that they have the right to claim compensation from a person or company responsible for their injuries. This is why if you are the victim of a personal injury, you need to speak with a personal injury attorney who will assess your case and discuss how to ensure justice is done.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Doctors are human beings and from a certain point of view, are also subject to making mistakes just like everyone else does. However, because they are doctors, they have a much higher standard of care to live up to because people rely on their judgment when it comes to diagnosing illness and recommending treatments.

Statistics on the number of med mal deaths across the U.S. tend to vary, but the most common figure seems to hover about the 100,000-person fatality mark. The frightening thing about that number is that less than half a percentage of those responsible for the deaths – doctors who have made errors – are called to justice for the mistakes. This is mind boggling, as one can only imagine the number of other personal injuries that go unchallenged because “The doctor said it was OK.”

Deviation from accepted medical standards by a healthcare provider is called medical malpractice, or medical negligence. Furthermore, such deviation may result in injuries or death. You should be aware that there is a fine line here between med mal and diagnostic errors. Diagnostic errors may or may not constitute negligence.

In order to be able to prove med mal in a court of law there are normally four things that have to be proven. The first criterion is that there was an actual duty that existed for the medical provider or hospital to offer appropriate care to a patient. The second criterion is that there was a failure in that duty to provide the appropriate care – “to the accepted standard.”

The phrase “to the accepted standard” is often one that means many different things to different medical expert witnesses in a med mal lawsuit. What is acceptable to one doctor may not be acceptable to another. In other words, this often may boil down to differences in opinion.

A perceived breach or deviation from a healthcare provider’s duties must be the direct cause of a patient’s injuries or death in order to launch a med mal lawsuit; and the damages being sought in court are specifically for the injury or death that was a consequence of malpractice/negligence. While this may sound fairly straightforward, the plaintiff, who carries the burden of proving all of the four points, is facing a significant struggle if there happens to be dueling expert medical witnesses called.

Having a competent and highly qualified med mal attorney to launch a med mal lawsuit isn’t just an option, it is a must have proposition. Without this kind of legal expertise at your disposal, you would not stand a chance in court. Only a thoroughly knowledgeable med mal attorney has the ability to marshal all the relevant evidence and present it in a compelling manner.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense at Webbdorazio.com.

Lawyers such as Robert Webb are very well-educated in the various fields of copyright and business issues and are able to advise a client facing a trademark infringement case how to proceed. One interesting thing about trademark lawyers is that although they do not have to pass specific exams to qualify to practice this type of law, they are respected members of the Georgia State Bar and are able to prosecute trademark infringements before the U.S. Patent and Trademark Office.

A good trademark infringement attorney does more that just offer advice on adopting and choosing new trademarks. They file applications to register chosen trademarks, get clients up to speed on the use and registration of the trademarks, and handle any trademark oppositions, invalidations, assignments and revocations. If a trademark has been infringed upon, the attorney steps in with expertise to deal with this issue.

Webb takes time to tell his business clients what options they have at their disposal to protect their ideas and help them make better decisions around running their businesses. This usually leads to a discussion of intellectual property and how to protect it. While it might be an expensive proposition hiring a trademark infringement lawyer, that lawyer will be worth every penny spent in protecting a client’s rights.

When considering whether or not to go into business and creating a trademark, make the first call to a competent trademark infringement attorney such as Robert Webb at Webb & D’Orazio in Atlanta, Georgia. This one phone call and the advice given will save a client a great deal of grief in the long run. It might as well be done right the first time, rather than finding out later that something is amiss and illegal.
To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

The laws in Georgia pertaining to DUI have become stricter in the last year and this doesn’t make it any easier to defend either. Having said that, everyone charged with a DUI is entitled to a criminal defense. This is where a good criminal defense attorney with extensive experience in DUI comes into play.

Georgia’s DUI law states that it is a criminal offense to operate a vehicle if your ability to drive is compromised by drugs or alcohol. This applies to legal and illegal substances and over the counter (OTC) medications such as cold remedies – somewhat notorious for causing dizziness, drowsiness and other strange side effects like blurred vision.

The state of Georgia is able to prove DUI in two ways. The first one is usually the result of a police officer making an “official” note that you were driving your vehicle in an erratic manner. This is applicable even if you only had ONE drink. Or, you may face conviction if you have a BAC (blood alcohol content) of .08 or over, and this is the case even if you weren’t driving poorly.

If you happen to be pulled over during a routine traffic stop and the officer strongly suspects you have been drinking, he’s likely going to ask you to take a field sobriety test. You have two choices here; make the right one. The first choice is to comply, the second choice is to clam up and call an attorney who has experience in this area of the law. The second choice is the right choice and may save your license or avoid criminal charges. The worst that could happen if you refuse is that you get a free ride to the police station.

If you do choose to comply with the taking the sobriety tests, anything you say will be used against you later in a court of law. So make the smart choice, refuse to comply, don’t say anything or explain anything and call a DUI lawyer. The only person who needs to hear your whole story is your lawyer.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

A good criminal lawyer is one that, in most instances, handles a variety of different kinds of criminal cases. Some, of course, prefer to specialize. This is something a person needs to realize prior to contacting an attorney for help. For instance, if an individual is charged with the crime of murder, there is no sense in calling a criminal defense attorney that deals with white collar crime and racketeering.

The main reason people contact a criminal defense attorney is because they need someone who is eloquent, knowledgeable and intimately familiar with the criminal courts – a voice that will speak for them on their behalf, such as Robert Webb of Webb & D’Orazio, in Atlanta, Georgia.

Choosing one who has extensive experience in defending the type of crime a person is charged with is half the battle. The other half is making sure all the details of the crime and its commission, are relayed to the lawyer, no holds barred. Webb is intimately familiar with the rhythms of criminal court.

Criminal lawyers are not there to judge their clients, they are there to provide a defense because it is the law of the land – everyone is considered to be innocent until proven guilty in a court of law. The criminal defense specialist knows how to mitigate charges, perhaps get them dismissed (depending on the nature of the crime and the charge) and/or take a case to court to argue the points involved in the case. “A court appearance may ultimately result in acquittal, sentence reduction or even dismissal,” said Webb.

Understanding what the criminal defense lawyer does on behalf of a client goes a long way towards diminishing the fear factor of those involved in a criminal case. The attorney investigates the facts of the case; applies for search warrants where needed; is involved in interrogating witnesses and drafting arrest complaints; handles/defends those who have been indicted; handles bail proceedings where necessary; plea bargains; and takes cases to trial. If an appeal is a distinct possibility, the criminal defense lawyer will also handle that as well.

Never under estimate what a highly skilled criminal defense lawyer is able to do to ensure the scales of justice are balanced in the defendant’s favor. Contacting a skilled criminal defense lawyer such as Robert Webb of Webb & D’Orazio in Atlanta, Georgia, will ensure a just outcome to a criminal case.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Most structured settlements from court cases are usually in the form of an annuity. However, having said that, it might be necessary for you to have some cash right now. This is something to talk to your personal injury attorney about, as many lawsuits are paying large sums from a jury award over long periods of time.

Normally, larger injury settlement plaintiffs receive their award in an upfront large amount of cash, with the rest set up to span a period of time ranging from 10 to 30 years or more. The intention is that monthly payments keep the wolf from the door. However, things don’t always happen that way.

Cash crunches are not always predictable and these days with the rising costs of medical care and treatments, the usual 3 to 5% increase a year in monthly payments does not always make ends meet. While this conundrum used to pose a significant problem, the law has subsequently been amended to allow you to sell future payments for cash right now.

Some of the medical crunch emergencies may involve additional hospital or medical treatments, transportation (a new vehicle to accommodate disabilities), avoiding bankruptcy, home improvement and repair to allow for wheelchairs, walkers, etc., and any student loans that need to be eliminated. Whatever the reasons, if you need cash now, it is possible to make that happen.

Usually a finance company is interested in buying the future payments of your structured settlement for cash. If you want to sell all your future settlement payments, you may, but you may wish to hold on to some for later. A copy of your settlement needs to be sent to the finance company first to see if it is possible to buy your future payments. If it is, you must have a judge approve a court order for you to actually get your money. Ideally, the finance company will manage the court order process on your behalf.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

“Criminal defense law isn’t the easiest job,” said Robert Webb of Webb & D’Orazio in Marietta, Georgia. “However, we have a real passion for making sure everyone gets the best possible defense available, and we have over 60 years of combined experience to do just that,” he added.

The legal system in the United States is founded on the premise that everyone is innocent until proven guilty. While many people tend to view crimes as being done deals and the person arrested for those crimes to be guilty, this couldn’t be further from the actual truth. In many cases there have been defendants in the wrong place at the wrong time, those who were set up, those who were improperly charged, and those who were on the receiving end of a mistaken identify fiasco.

This is the reason why the justice system has both prosecutors and defense attorneys, to provide checks and balances; to offer “sober second thought” to a set of circumstances and to ensure that those who got tangled up with the law get a fair hearing. Criminal defense attorneys are, in fact, an essential element of the system.

It’s no small task to mount a prosecution against a defendant, not to mention horrendously expensive. Long-term consequences such as prison sentences also add to the list of expenses the taxpayers incur. However, without a strong criminal defense attorney as a part of this overall picture, there would be no equity in the law.

“A criminal defense lawyer often finds him or herself operating with a lot fewer resources than are available to the state. This is why we work diligently to ensure our case is solid and then litigate it aggressively on behalf of our client,” explained Webb.

When faced with criminal charges, make the first call to a highly experienced criminal defense attorney such as Robert Webb of Webb & D’Orazio in Marietta, Georgia. It may be the most important call a person could make when charged with a criminal offense.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

“While many people think a personal injury is an injury to the physical body, in reality it can mean much more than that,” explained Robert Webb of Webb & D’Orazio, Marietta, Georgia. In fact, personal injury can mean psychological injuries, the kind that are not necessarily visible, but still leave lasting scars.

How a person winds up being injured will also dictate the type of defense and the case law applied to the circumstances. For instance, personal injury lawsuits may arise as a result of accidents at work, defective product mishaps, assault claims, car crashes or slip, trip and fall cases.

All of these types of cases do have one thing in common and that is the victim is entitled, by law, to compensation from the person responsible for the accident as a result of their negligence. No one knows the demands placed on victims in personal injury cases better than Robert Webb, who has over 30 years of skilled litigation to offer his clients. “We care about our clients and personally represent them from the minute they hire us,” added Webb.

Not to confuse the issue any, but a personal injury case is also called a tort or in plain English a wrongdoing. Put another way, torts are a body of the law that lets an injured person get compensation from the person who caused the injury. Getting a truly clear definition of a tort is a little like herding turtles, but the bottom line is clear to those who are on the receiving end of a tort or wrongdoing.

Most torts also have their foundation in intentional misconduct, negligent misconduct or strict liability without reference to actual misconduct. These, of course, are legal terms and only a highly qualified attorney like Robert Webb of Webb & D’Orazio in Marietta, Georgia, will be able to explain what they mean to the person seeking redress for a personal injury.

“Intentional misconduct means something invasive like an assault, intentional infliction of emotional distress, or battery. Strict liability normally refers to defective products, and negligent misconduct is the term most often used for personal injury claims,” said Webb.

Personal injury claims need the expert handling of a well-qualified lawyer who is able to take his client to court and obtain justice for them.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

Medical malpractice is actually a much bigger problem than many people realize and even bigger than medical professionals want to admit. The latest statistics on the Internet show that roughly 225,000 people die each year as a direct result of medical malpractice. The main question really ought to be, what is anyone doing about it?

The scary thing about the statistics is that despite the rising numbers of deaths there are very few lawsuits filed. It appears that only 2% of the potential 225,000 claims for med mal actually make it as far as filing a medical malpractice lawsuit. Unfortunately, the numbers of plaintiffs who are awarded compensation is even smaller. This should not stop anyone who feels they have been a victim of med mal from stepping forward and speaking to a qualified med mal attorney.

Despite what you see on television and read in the papers, medical malpractice lawsuits should not be curtailed or reduced (as many politicians seem to want). More patients need to launch lawsuits to shine some light on the problem so it has the opportunity to be addressed, not hidden from the public.

If you don’t think the numbers are really all that significant, consider these figures. An estimated 12,000 die due to unnecessary surgery; medication errors are responsible for roughly 7,000 deaths; and other medical errors account for approximately 20,000 deaths. This is just the tip of the iceberg. The numbers also account for close to 80,000 people nationwide who die from something called nosocomial infections they contracted in the hospital. Pretty staggering numbers aren’t they?

Med mal can happen anywhere there are medical procedures performed and may involve a physician, nurse, nurse practitioner or lab technicians. While many people think medical malpractice is something enormous going wrong, it often begins with the smaller things like a wrong diagnosis, inaccurately read x-rays, misinterpreted tests, and the list goes on. Other larger, more horrendous errors, would involve such things as removing the wrong body part from the wrong patient.

If you suspect you have been the victim of medical malpractice, make it a point to call experienced legal counsel and discuss your potential case. They have the right kind of expertise needed to immediately evaluate the situation and advise you on how to proceed. Most initial consultations are free and this provides you with the opportunity to ask questions and get an initial understanding of medical malpractice law.

If you have a valid case, your attorney will take you through the steps for filing a med mal lawsuit against the proper parties – meaning a physician and/or their staff, hospital, facility or lab. Before a lawsuit is filed there is an attempt to come to some sort of an agreement with the defendant first. When all else fails, you will be bound for court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.

By legal definition, a wrongful death is “A death caused by the wrongful act or negligence of another and that serves as the basis for a civil action for damages on behalf of the deceased’s heirs.” While many people assume a wrongful death suit is a criminal case, it is not. However having said that, a wrongful death case may follow a criminal case, and the best-known example of that is the OJ Simpson affair.

In instances of wrongful death, those left behind are called dependents or beneficiaries and because of this death, they are entitled to damages (meaning money) due to the negligent actions of the defendant. This is not a normal negligence lawsuit either.

To explain the differences between a wrongful death civil case and a normal negligence lawsuit one has to know a bit of history first. Under the common law, a wrongful death claim didn’t exist. The reason being it was believed that the claim died with the victim, so how could s/he be compensated for damages? This meant survivors couldn’t ask for damages from the person who caused the death.

Eventually realizing this was a rather backwards and exclusionary approach to justice, the states remedied that glaring error by passing what is called “wrongful death statutes.” These statutes specifically provide compensation for those who have experienced the loss of a loved one. Not all states have the same statutes and you would need to talk to an expert attorney to find out what the rules for filing are in your particular state.

While most of the state wrongful death statutes are considered to be unique, they do follow the same general principles. This means that there are four common elements in all states for a wrongful death claim. The first element is that the death was caused partly or wholly, by the conduct of the defendant.

The second is that the defendant was negligent or in the alternative, strictly liable for the victim’s demise. Element three is that there is a surviving spouse, children, dependents or beneficiaries. The final element is that monetary damages have resulted from the victim’s death. If a case meets these elements, then it must also meet the statute of limitations for filing, and in most states the claim must be filed within a year of the death.

The courts have a great deal of discretion in what type of damages they may award. For instance they may award for emotional pain and suffering, for the loss of future earnings, funeral expenses, medical costs and loss of benefits (e.g. health, life etc.). In some instances the court may also award punitive damages based on the facts of the case.

If your have lost a loved one and want to find out about filing a wrongful death lawsuit, contact an attorney who is highly experienced in this area of the law. These cases are not easy and having a competent lawyer guide you and your family through the process will make things that much easier in the long run.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense, visit Webbdorazio.com.