Tuesday, August 25, 2009

Have a Working Knowledge of Business Law

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

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.

Thursday, August 20, 2009

Big Rig Accidents Common

Not a day goes by that the highways in America aren’t teeming with big rigs. The 18-wheelers that make the pavement sing as goods are trucked to various locations. Beware tangling with a big rig, as the results are usually deadly.

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.

Monday, August 10, 2009

Have a Working Knowledge of Business Law

Running a company isn’t just about getting and keeping customers. It’s about knowing what laws are involved in running that business.

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.

Friday, August 7, 2009

Common Med Mal Lawsuit Areas

In actuality, there is nothing “common” about medical malpractice lawsuits, as they come in a variety of disparate areas.

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.

Thursday, August 6, 2009

Deadly Hit and Runs

Even though the law demands you remain at the scene of an accident, exchange information with the other driver and wait for the police if they have been summoned, there are people who take off instead.

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.

Wednesday, August 5, 2009

Misreading a Mammogram Med Mal

While most people think that an error in medications or treatment is medical malpractice, misreading the results of a test, such as a mammogram, is also considered to be medical malpractice.

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.

Spinal Cord Personal Injuries

Spinal cord injuries are far more complicated than one would think.

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.

Wrongful Death Has Limitations

Some people just want to settle a wrongful death claim directly with the insurance company, because they will make sure there is a good settlement. This is not always the case.

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.

Patient Be Thine Own Doctor

The Institute of Medicine in the U.S. estimates that close to 100,000 die in hospitals every year thanks to medical errors.

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.