How to Find Complaints Against a Medical Professional (Avoiding Medical Malpractice)

Ga Trial Attorney for Medical Malpractice Wrongful Death Case

How to Find Complaints Against a Medical Professional (Avoiding Medical Malpractice)

Daytime television is full of commercials telling people who suffer from injuries how they can sue the party who injured them. These commercials feature law firms that claim to specialize in personal injury and medical malpractice. The message is that the injured person deserves to be compensated and the lawyer will stop at nothing to obtain just compensation.  These mega advertising firms rarely disclose the astronomical number of cases they handle thereby giving an unsuspecting caller the impression that their case will receive specialized attention.

Each case is different and needs careful evaluation to determine the best way of maximizing the recovery.  While a lawsuit is an option, it is not the only option. A patient injured due to medical malpractice can use alternative methods to obtain fair compensation. Often, alternative methods are the best options.

Here, we discuss the following alternatives to medical malpractice suits:

  1. Alternative dispute resolution
  2. Filing an insurance claim
  3. Direct settlement

Alternative Dispute Resolution

Alternative Dispute Resolution, or ADR, is a process wherein the parties go to an unattached third party to settle the dispute. One ADR method is through the use of a mediator who is knowledgeable in medical malpractice cases. The mediator will meet with the parties, both separately and together, and attempt to come to a settlement. The mediator will stress how a court will likely rule and explain that settling can avoid costly litigation.

Another common ADR method is binding arbitration. Similar to mediation, there is an unattached third party who is knowledgeable in medical malpractice and its nuances. Because it is binding, the parties contractually agree to the arbitrator’s ruling. It’s less formal and less costly than a trial but produces a final outcome. While a court can overturn an arbitrator’s ruling, courts are very unlikely to do so.

Filing an Insurance Claim

In most cases, the entity calling the shots in a medical malpractice case is the doctor’s insurance company, not the doctor. The doctor’s malpractice insurance usually covers these types of lawsuits, even if the doctor is guilty of negligence. As a result, contacting the insurance company and filing a claim may compel the insurance company to try and settle the case. The insurance company may be willing to cut a deal instead of going to litigation. Although a doctor is unlikely to reveal which insurance company provides medical malpractice coverage, a lawyer who conducts a thorough search would likely discover this information.  Although this approach sometimes works in clear liability cases, it rarely works if the doctor or the insurer has a reasonable defense.

Direct Settlement

Under some circumstances, a doctor may be willing to settle a case instead of referring the case to an insurance company. Under Georgia law, a doctor is required to report all medical malpractice claims against him. The insurance companies have access to these reports. As a result of these reports, doctor malpractice insurance premiums increase. As such, a doctor may prefer that the plaintiff not report the claim and instead settle for a cash amount. This helps the doctor avoid reporting the claim and avoid trial; it provides the injured patient with immediate cash and avoids trial risk.

Similarly, doctor malpractice premiums may carry high deductibles, so doctors may be willing to satisfy smaller patient’s claim in lieu of paying the deductible.

Contact Attorney Joel Williams if you are a Victim of Medical Malpractice

If you are a victim of medical malpractice, contact the personal injury law firm of Joel Williams, a Cobb County, Georgia lawyer who will tailor a plan for you. If you have questions or would like to discuss your case, please call our office today at 833 – LEGALGA for a free consultation.

Personal Injury: Accidents on Vacation

A very large white cruise ship in bluegreen water with a palm tree in the foreground and mountains in the distant background.

Personal Injury: Accidents on Vacation

Unfortunately, vacation injuries are quite common, and these types of injuries tend to increase as the weather gets warmer. You often engage in more physical activities on vacation than you otherwise would, such as water skiing, visiting theme parks, and taking cruises. This increase in activity can also increase your likelihood of being injured.

Even if you have been injured outside of your state or local area, you can still assert a personal injury claim for injuries sustained if the injuries were due to someone else’s negligence. The question becomes: where should you assert your legal claim? Often, the answer is that you need to initiate your case in the state where you were injured.

Waivers and Lawsuits

You often rely on other people’s equipment and expertise when you are on vacation, which presents unique legal issues. You may be required to sign a waiver before you engage in certain activities as well. However, these waivers do not necessarily undermine your legal claim. A personal injury attorney will be able to assess your situation and determine whether you have a viable legal claim.

If you sign a contract or waiver before engaging in an activity, you may have also agreed to initiate a personal injury claim in a specific jurisdiction. This contractual language is known as a “forum selection clause,” and many businesses use it so that they can control where lawsuits should be asserted. Usually, the forum will be wherever the company’s corporate office is located. In some situations, that could be in a far away state.

Injuries at Amusement Parks

According to the Center for Injury Research and Policy, roughly 20 children or teens are treated in the U.S. in emergency rooms each day due to amusement ride-related injuries. The most common injuries are to the head and neck. Although amusement parks have strict rules and regulations that they must follow to comply with local and federal laws, they cannot prevent all injuries from occurring.

If a child or adult injures themselves due to the carelessness of an amusement park employee, they may have a legal claim. You may need to file your lawsuit wherever the injury occurred, even if it occurred out of state.

Cruise Injuries

If your injury occurred while you were on a cruise, you might be able to assert that the cruise employees did not competently or carefully do their job, and that resulted in your injury. Most cruise companies will require that you sign a contract that indicates where you will bring your claim if you are injured.

This agreement is particularly relevant for cruise companies because your injury may very well have actually occurred in the middle of the ocean or in a foreign country. That means that just because your injury actually occurred while you were docked in the Bahamas does not mean that your legal options are limited.

Getting Legal Help

Vacation injuries can be tricky because of the unique contracts that may apply and the various locations that the damage may occur. You should discuss the matter with an experienced personal injury lawyer before you assume that there is nothing you can do. Call Williams Elleby Howard & Easter at 833-LEGALGA today to schedule a free case evaluation.

Traumatic Brain Injuries Alter How Children Interact with Parents

A young child wearing a blue hospital gown, sleeping in a hospital bed with a nurse in red scrubs and a woman wearing a teal sweater, standing in the background, near the hospital bed having a conversation.

Traumatic Brain Injuries Alter How Children Interact With Parents

Two percent of children under the age of five have suffered from a concussion. That’s 1 out of 50 who have experienced a traumatic brain injury as a result of a slip and fall, car wreck, or other injury. Aside from affecting the child’s ability to perform everyday functions and learn, traumatic brain injuries also alter how the child interacts with his or her parents. We’ve discussed what traumatic brain injuries are in the past; today we want to focus on how these personal injuries can affect your child’s relationship and interactions with you and your family.

Emotional and Behavioral Changes

A child’s behavior and emotions can change considerably after a concussion. Below are some examples we’ve seen in our years representing Georgia children with brain injuries:

  • A child can act out when he becomes frustrated because they cannot remember things as well as they did before;
  • The child’s attention span can be limited, so they can have difficulties focusing in general or on certain tasks;
  • Loss of self-awareness can occur: A child cannot or does not realize they cannot do some things they were once able to do before an injury. For example, they may have lost their “filter,” so they speak without thinking, which hurts you or their siblings as a result;
  • A child suffering from a traumatic brain injury can be diagnosed with Post Traumatic Stress Disorder after a car accident. They may now have panic attacks or become triggered by certain situations they were once comfortable in; and
  • Depression and anxiety are common in children with brain injuries. These disorders can manifest themselves through aggression, isolation, or increased irritability.

Effects on Family

While the behavioral changes of the injured child have the most impact on family dynamics, there are other factors and considerations as well. External stressors, such as medical bills and therapy, cause parents to become increasingly irritable or frustrated. If a child’s brain injury is severe and requires constant attention, then siblings may feel left out or unloved. If the parents or siblings were involved in the same accident as the injured child but were not injured themselves, they could suffer from survivor’s guilt.

It’s important to note that regardless of any effects this injury has on your family, you are not at fault for these changes; someone else caused this to happen to your child. All of these effects and changes are normal, and there is no shame in having any of these thoughts or feelings.

Treatment Options

A traumatic brain injury, whether mild or severe, takes an extreme toll on a family. The injured child, parents, and family members suffer differently due to the increased stress or needs placed on them. Should your child exhibit behavioral changes lasting longer than a few weeks, consider professional counseling. Family therapy may also be beneficial to minimize the effects of the brain injury on your loved ones.

Contact Us

We hope you never have to deal with the emotional stress of having a brain injured child. However, if you or a loved one needs assistance, our experienced Georgia personal injury attorneys are here to help. To schedule your free consultation at our Kennesaw office, please call Joel Williams at  833-LEGALGA.  If you are unable to come to us, we can come to you.

High Speed Wreck Kills Man In Cobb County

As empty stretcher being rolled by a paramedic on a street near a cop car and an ambulance.
Every year there are thousands of car wreck fatalities in the U.S., with more than a thousand taking place in Georgia alone. Many fatalities are caused by the reckless actions of motorists. While occasional speeding may seem minor, the consequences of high speed crashes can be dire. This was the case in a recent accident, early this month, when a car traveling 100 mph crashed into another vehicle. A driver in Cobb County, Georgia is now facing charges after a high-speed crash, which led to the death of a young father.

The Accident

Guadalupe Osornio, 26, was driving home, after completing a 12-hour shift, in Smyrna early on a Friday morning when his vehicle was broadsided by an orange Dodge Challenger. Investigators concluded the Challenger had been traveling around 100 mph when it impacted and sliced Osornio’s vehicle in half, killing Osornio instantly. The driver of the Challenger, David James Fuller, was being chased by police moments before the crash occurred. Osornio leaves behind his wife and a five-year old son.

Fuller To Be Charged

While Osornio lost his life, Fuller sustained relatively minor injuries and was arrested on June 3. According to police, Fuller was already wanted in three other Georgia counties for other crimes. He is now being charged with homicide by vehicle in the first degree, felony serious injury by vehicle, reckless driving, fleeing, and attempting to elude the authorities. In addition, after the wreck a firearm was found in Fuller’s vehicle.  Some believe the firearm maybe linked to shots that were fired earlier, miles away from the accident.

Seeking Legal Recourse For Reckless Driving

Reckless driving, particularly speeding, often leads to severe injury and even fatalities. A victim of such a wreck has the ability to seek legal action.  The victim may be able to recover monetary compensation for medical expenses, damage to their vehicle or other property, and pain and suffering.  In the case of car accidents involving fatalities, eligible survivors of the victims, such as the spouse and children, may seek redress through a wrongful death claim.

Help From An Attorney

When you or a loved one is hurt by a reckless driver, it can be overwhelming. Getting back to your normal life means you need to focus on recovery. If the injuries are severe and the medical expenses are mounting, you need the help of an experienced attorney. Contact Williams Elleby Howard & Easter for a free consultation about your case in Marietta, Cobb County, and Georgia. Joel has years of experience handling car accident and wrongful death cases here in Georgia. His goal is to help victims of these traumatic events find the closure they deserve. Call today to speak about the specifics of your case and find out how we can help you. 833-LEGALGA