Autopsy for Medical Malpractice Case

Today I received a telephone call from the sister of a fellow who died recently. She went on to tell me that she is a nurse and suspects her brother's death may have been caused or contributed to by a medical mistake. After hearing her suspicions I agreed it was worth looking into. I knew immediately what information was going to be necessary for my experts to evaluate the merits of the case, a full set of medical records and an autopsy.

Many times when someone dies, the family is (obviously) so caught up in the funeral arrangements and grief that they forget to request an autopsy. Fortunately, with the family's medical experience they remembered to ask for an autopsy. Also, they asked that it be done at a hospital DIFFERENT from the one they suspect of medical malpractice.

Most times when there is a death case, my law firm and our expert witnesses will need an autopsy to determine the cause of death. An autopsy is ALWAYS helpful.

If you suspect a love one's death was caused by (or contributed to by) a medical mistake, an autopsy is extremely helpful if not required. Also, remember. The autopsy should be done at a hospital DIFFERENT from the one where the medical mistake is suspected to have occurred. Obviously this is done to avoid impropriety from the hospital trying to cover a mistake. The hospital should not object to having the autopsy done elsewhere and, I contend, should encourage it be done elsewhere to avoid even the appearance of impropriety.

If you have a loved one whom you suspect has died of a medical mistake, ask for an autopsy and consult a law firm with experience in handling Georgia medical malpractice and Georgia death cases.

The Georgia Workers Compensation Appeal Process

There is no jury in a Georgia Workers' Compensation case. If there is a trial (it's called a hearing), it is in front of an Administrative Law Judge (ALJ for short). If you do not like the decision of the ALJ there is an appellate process in place. First the decision can be appealed to "the Board." Basically three DIFFERENT ALJs have an opportunity to determine whether the original ALJ got it right.

After that, there is another level of appeal. The case can then be appealed to the Superior Court. Every county in Georgia has a Superior Court. The Superior Court is a court of "general jurisdiction". That means it is qualified to hear a variety of different types of cases. From divorces, to felony murder cases, to workers compensation appeals.

After that, the case may be appealed to the Georgia Court of Appeals and then, to the Georgia Supreme Court.

Are Damages Important?

This week I received a few telephone calls from folks wondering whether they had a case. One case was from a child whose parent was in a nursing home. Through some negligence of the nursing home the parent was put in danger and, but for the grace of God, nearly received a serious or possibly deadly injured. The parent is fine, but it could have been very serious. Can we sue them? I am asked. I want to make sure this does not happen to another nursing home patient at this facility, they say. Having lost a parent and having seen some of the dangerous "care" provided by some Georgia Nursing Homes, I understand their frustration.

Another potential client called today and said their dad was driving down the road when an unsecured item (a large pipe) fell from the back of an 18 wheeler and struck his father's arm (which was resting on his car's window sill) as he drove down the road. The arm is banged up and the emergency room doctor said he may have some nerve damage but further testing was necessary. Is that a case I am asked.

The thing I point out to both of them is that in order to have a prosecutable tort action in Georgia, damages are required. It is not enough to have negligence. In other words, in both cases there is a party who has done something wrong or acted negligenly. However, without actual damages you do not have all you need to be successful at a Georgia Tort Action. The first case lacked damages. I told them that the good news was also the bad news. The good news was their parent was not actually hurt, the bad news was that without some actual injuries (damages), I could not prosecute the case for them. The second case required more objective testing before we could understand the extent of injuries to his father's arm. We are taking a "wait and see" approach. We will wait for further objective testing to determine the extent of his father's injury and then we will see whether it is a case worth prosecuting. If the injuries are minor, it is hard for a lawyer to justify the time and expense he will put into the case to bring it before a jury.

In Georgia tort actions, negligence is not enough, you also need damages (not to mention causation, but I'll save that for another day).

If you or someone you love has been injured in Georgia by the wrongdoing of another, conslut a Georgia Injury lawyer to see if you have a case worth prosecuting. Most lawyers do not charge for an initial consultation. I probably spend 20% of my time talking with prospective clients about their cases, I'm sure most other Georgia lawyers do the same.

FAQ - CAR WRECK - MEDICAL BILLS

Sometimes, after a car wreck, a client will call and say shoudn't the insurance company for the other party pay my medical bills? They say, "I don't have any insurance and the wreck wasn't my fault, shouldn't their insurance company be paying my medical bills?"

The answer to that is yes and no. If you prevail in your lawsuit, the at-fault party will ultimately be held responsible for all medical bills related to your car wreck. However, until then, it is up to you to pay your medical bills either through your automobile's medical payments insurance (med pay), through your health insurance, medicare, medicaid, Peachcare, etc. But, the at-fault insurance company has no obligation to pay your medical bills until after a judgment is entered in your favor.

Think about it. Why would the at-fault insurance company want you to incur a bunch of medical bills? They would rather you not get medical care and then argue to the jury "you must not have been hurt very much, after all, you didn't require much medical care."

So, until that time, it's up to you to pay your own medical bills. After all, they reason, it was your choice to not have your own health insurance (never mind the fact that medical insurance is very expensive and out of reach of many ordinary people). Now there are a few doctors who will treat on a lien. That means, we will sign an agreement with them allowing you to receive medical care now in exchange for our promise to send them their money from your award/settlement. If you need medical care from a car wreck that was not your fault, talk to a lawyer who can discuss your payment options with you.
If you or a loved one have been in a car wreck, call KeenerLaw.com at 770-955-3000 for a free consultation.

Train Accidents

Collisions with other trains is the most common type of train accident. Followed by, collisions with a passenger vehicle, and finally train accidents involving a single train. These types of accidents can be caused by improperly maintained tracks, unsafe intersections, train derailment, or mechanical failure.

The absence of adequate warnings at railroad crossings in Georgia can also contribute to collisions. The Federal Railroad Administration reports that more than half of all railroad accidents in Georgia occur at unprotected crossings and over 80 % of railroad crossings do not have adequate warning devices.

A train accident lawyer at our Georgia law firm can help victims from across Georgia determine the cause of the accident. If you or a loved one has been injured as a result of a train accident, contact a Georgia train accident lawyer at our firm today for a free consultation