Misread Tests May Result in Med Mal

It's not too hard to imagine that someone may misread test results for a variety of reasons, from fatigue to inexperience. However, this medical error has the potential to result in a medical malpractice lawsuit.

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.

Wrongful Death Suits

Wrongful death suits are not criminal cases, they are civil lawsuits and the two should not be confused.

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.

A Plethora of Personal Injury Cases

The death toll in America from car crashes is high, however it is not as high as the death toll from medical mistakes of various kinds.

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.

Georgia DUI Convictions Tough

There is no second-guessing in instances of driving while drunk. It's a bad idea and the consequences are not a lot of fun either.

"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.