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Rome Legal Issues Blog

Overview of Georgia's workers' compensation system

Like all other states, Georgia has a workers' compensation system in place that is designed to make sure employees who get injured on the job get paid quickly for their medical expenses and also get the income they lose from being out of work reimbursed, at least partially. The system also covers all funeral expenses and lost wages when a worker dies in connection with a fatal workplace accident.

Georgia's workers' compensation system is "no-fault." In other words, a work accident victim need not prove that the employer was responsible for the accident. In fact, the employee can, in many cases, be the one whose carelessness caused the accident and still collect benefits.

What can go wrong if I get a hip replacement?

In many cases, hip replacement surgery is a godsend for residents of Rome, Georgia and other residents of this state. However, there have been cases, recently having come to light, of something going horribly wrong with the hip implant. The end result is that a patient who thought he or she was getting a new lease on quality of life may wind up in a worsened condition, or even permanently disabled.

There are, in fact, a lot of things that can go wrong with hip implants, which are, as some might guess, simply devices made of metal and plastic that serve the same purpose as one's own hip. Some of these problems are pretty typical for anyone undergoing a significant surgery. For instance, one always has to be on guard against blood clotting and infections.

Can medical product liability result from heater-coolers?

Those who have been through, or have had loved ones go through, open-heart surgery are well aware of the stress it involves. The list of potential risks is long and frightening, and serious consequences can result, even if nothing goes particularly wrong. When there is some device or product used in the operation that does not work correctly for some reason, the results can be devastating. It is important for those who may need such surgery to know from where such risks may emerge, and how their rights might be protected.

When thinking about defective heart-related products, most Georgia residents likely envision faulty or leaky heart valve replacements, or bad pacemakers that don't give the correct amount of stimulation, or stimulate out of rhythm. Perhaps they might think of heart medication that was adulterated or that is given without adequate warnings regarding side effects. While all these are dangers, there is one many people might not think about: heater-coolers.

Zofran use during pregnancy and threats to patients' health

Pregnancy can be both a blessing and a curse for expectant mothers in Georgia. On one hand, a mother-to-be may be ecstatic to meet her new baby and bring a new member into her family. On the other hand, if she is one of the unfortunate women who suffers from morning sickness during her pregnancy, she may wish for relief from her nausea, vomiting and discomfort.

In the past, doctors prescribed Zofran to their pregnant patients to help them work through the miserable symptoms of morning sickness. Zofran was originally released as a drug to help ease the struggles of cancer patients who were subjected to chemotherapy and experienced its unpleasant side effects. However, in time, patients began to realize that the medication their doctors gave them to ease their morning sickness symptoms were causing dangerous problems for them and their unborn children.

What is "negligence" in a Georgia motor vehicle accident?

When a Georgia resident is injured in a car accident, many things seem to happen all at once. There's the doctors, and the police and the insurance companies, all of whom have necessary jobs to do, but can end up overwhelming even the most capable individual. Then, after some of the aftermath has settled and the process of healing begins, the injured person and his or her family have to deal with the bills. Medical and rehabilitation expenses can mount quickly, and the stress can begin all over again.

However, some of that stress may be alleviated when injured people understand that if someone else was at fault for the original accident, they may be entitled to compensation through a civil lawsuit. These personal injury actions can take a number of forms, but the most common is that of a negligence case. In such cases, the plaintiff is attempting to prove that the at-fault individual acted negligently in doing, or not doing, something that he or she was supposed to do or not do, and that this negligence is why the injured person incurred the costs.

What is the time limit on medical malpractice claims in Georgia?

The pain and hampered mobility that comes along with hip problems are very real, and can seriously affect a person's quality of life. For this reason, more people are opting for hip replacement surgery, seeking some kind of relief. Unfortunately, while many people get this relief, others ended up with poorly designed or poorly made implants that make a bad situation even worse.

What are some of the problems that have been seen with bad hip implants? For certain models of implants, as many as 20 percent required a second surgery within five years. Of course, hip replacement surgery is a major operation, and there are risks involved every time someone's body is placed under the stress required by such procedures. These dangers are even greater among older individuals, who often make up a larger percentage of the population needing hip replacement. Hip implants causing further damage to muscle and bone have also been reported.

What is the time limit on medical malpractice claims?

Medical professionals are supposed to be there to make those who are sick and injured better. In most cases, doctors, nurses and hospital staff in Georgia do just that, creating an environment in which a person can heal, whether through medication, surgical intervention or other medical processes. However, it is an unfortunate fact that healthcare professionals are human too, and sometimes they make mistakes. The problem is that when these mistakes occur patients' health can be seriously compromised, and their lives may even be put at risk.

When a medical professional does not maintain a certain standard of care, he or she may have committed malpractice, which can cause injury to a patient. It is possible that individuals harmed by this malpractice can receive compensation through a civil lawsuit. This compensation may help them cover extra medical costs incurred, or help ease some of the pain and suffering created by the medical mistake that injured the person's health.

What is a duty to warn in Georgia medical product liability?

The advance of medical science over the past half-century has been nothing short of remarkable. While testing, diagnosis and surgical techniques have developed quickly, perhaps no area of medicine has had a more profound effect on people's health than that of prescription drugs. From the development of antibiotics to the treatment of terrible diseases such as AIDS and cancer, pharmaceuticals have saved many thousands of lives and improved the quality of life for even higher numbers. However, while prescription drugs are beneficial, many of them also produce side-effects that can be damaging or life-threatening to some individuals.

Georgia residents may or may not know that pharmaceutical manufacturers have several legal duties with regard to the medicines they produce and market. This is true even after a medication is approved by the federal Food and Drug Administration (FDA). For example, drugs must be manufactured correctly, and free from contamination or adulteration. However, even medicine that is properly made can result in harm if the individual patient is unaware of the dangers that drug may present to him or her.

Don't navigate the medical malpractice process alone

Each and every day, countless patients pour into hospitals and emergency rooms to have medical procedures performed. Going into these types of situations involves a tremendous amount of trust. After all, people are putting their lives in the hands of the medical staff. Thankfully, most of these instances go without error. This trust, however, is sometimes betrayed, leading to tragic mistakes and that catastrophically impact lives.

Medical malpractice comes in many different forms. Whether a medical professional fails to accurately diagnose a malady, neglects to properly deliver the correct treatment, ignores proper communications protocols or other mistakes, these situations are sometimes deadly serious. These errors can take away those we love the most or create life-long issues that affect every single day. What was once a lively and beautiful life can be reduced to sadness all because a medical professional did not act like they should have.

A third of drivers feel they can safely text behind the wheel

A new survey by Progressive Insurance found that about a third of all drivers feel confident that they can text and drive safely -- and that number jumps to 62 percent among 18- to 34-year-olds. Interestingly, over 90 percent also say that texting while driving should be illegal.

The survey was performed online in August of this year. The respondents were insured drivers in the general market, not Progressive customers. About 1,000 drivers age 18 and older responded.

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