Atlanta Personal Injury Lawyer

Screening Panels Are Not The Answer For Medical Malpractice Reform In Georgia

M. Brandon Smith — Sun, 10 Jan 2010 23:24:52 GMT

In a guest column in the Atlanta Journal Constitution on January 8, 2010, a medical services company’s CEO provides what many may assume is a novel and “middle ground” solution to the costs associated with medical malpractice in Georgia. Citing the example of Betty Nestlehutt, who was injured and permanently scarred as a result of a face-lift procedure, the CEO suggests that before an injured Georgia patient can bring her case before a jury, she should first have to convince a panel of medical professionals that her case has merit. Certainly the argument for screening malpractice cases is reasonable and even sound, but the problem with his proposal is that this pre-lawsuit screening system is already in place in Georgia.

Betty Nestlehutt's claim was pre-screened by numerous doctors, all of whom agreed that her doctor did not meet the minimum standard of care that she should have received. An affidavit giving specific details on the nature of her doctor’s malpractice was filed by a Georgia doctor who practiced the same type of medicine as the doctor who injured her. Despite these medical opinions validating her case, her doctor’s insurance company refused to resolve her case.

Contrary to tort reform folklore, the surgeon who testified on her behalf at trial was not some ‘hired gun’ who had never met Mrs. Nestlehutt. Rather, he was the Chief of Facial Plastic and Reconstructive Surgery at Emory University. His credibility stemmed not only from his extensive experience and training, but also because he had provided treatment to her following her injuries and knew her medical history down to the detail. He stood before the jury coming from a place of knowledge, principle, and fidelity to the high standards of the medical profession.

The same was not the case with the defendant’s insurance company. Testifying on their behalf were numerous hired witnesses who had never examined Mrs. Nestlehutt, yet were somehow able to testify that her doctor did nothing wrong. This is hardly the scenario that most Georgians would see fit to judge the merits of their personal injury.

As illustrated through Mrs. Nestlehutt’s case, the systematic screening of medical malpractice cases is already the law in Georgia. Malpractice cases filed in Georgia must be extensively reviewed by qualified medical professionals who must complete affidavits under oath detailing the specific acts of malpractice before the cases can even be filed. Moreover, these practitioners must work in the same field as the defendant doctor. In examining in Mrs. Nestlehutt’s case, the reviewing doctor on her behalf performed the same kind of plastic surgery that resulted in her injuries.

The state of Maine, which employs the legal processes endorsed by this tort reform columnist in the Atlanta Journal Constitution, is experiencing its own share of challenges. The Chief Justice of the Maine Supreme Court has gone on record saying that her state’s use of medical screening panels is “a cumbersome process with unpredictable results that cost both the plaintiffs and defendants money and time.” In her observation, not only does the system significantly delay justice, but perhaps more alarmingly it removes incentive for defendants’ insurance companies to reach fair settlements out of court.

So, what would “reform” of this nature mean for Georgia? It would mean that individuals who were legitimately harmed through medical malpractice would likely be significantly delayed at best, and at worst, totally prevented from seeking compensation for their injuries. For those trying to profit from frivolous lawsuits there would be no change – the majority would still be eliminated through the review process and expert affidavit requirement. The bottom line is that medical malpractice law is a difficult and complex issue which attempts to strike a balance between patients’ rights and the burdens on the medical profession. The solutions are not easy or clear cut, yet Georgia’s system of providing clear and informed safeguards against frivolous lawsuits while retaining access to a fair trial to injured persons is sound and just. One of the pillars of the justice system is to ensure that individuals retain their legal rights to a jury of their peers, not a panel of biased bureaucrats.

Others have voiced their opinons on this issue as well. Take a few moments to review the more informed response from the Georgia Trial Lawyers Association and fellow blogger Mark Zamora, who, like us, knows their opinions are the TRUTH.

Originally posted at InjuryBoard by M. Brandon Smith

Tamiflu Given For Swine Flu Linked to Stevens Johnson Syndrome

M. Brandon Smith — Mon, 14 Dec 2009 00:54:35 GMT

With all of the publicity and concern surrounding the swine flu, many people have taken solace in the fact that a treatment of limited benefit exists. This medicine is called Tamiflu, and although it can often speed up recovery for those suffering from H1N1, a recent report from England reveals that it can also cause Stevens Johnson syndrome, a potentially fatal reaction that affects one’s skin.

Samantha Millard, 18 years old and from Bicester in Oxfordshire, took the medicine after consulting a staff that had received no medical training. She quickly developed rashes all over her body, and is currently undergoing treatment at Chelsea and Westminster hospital. Possible results of the Stevens Johnson syndrome or SJS are blindness, loss of skin, and an inability to eat due to blisters in one’s mouth. SJS has also been commonly linked to Dilantin and it generic equivalent phenytoin.

Although the causes of Stevens Johnson syndrome vary by medication and the manner in which it is taken, medical officials in England and representatives from the Department of Health are looking into the incident and Tamiflu connection.

A Roche spokeswoman said the incident would be investigated and could not rule out the role of Tamiflu in triggering the syndrome.

She said: 'While it is difficult to determine the role of Tamiflu in Stevens-Johnson Syndrome, the prescribing information for doctors carries information regarding single cases of Stevens-Johnson Syndrome that have been reported.

Most importantly, stay in close contact with your doctor if you develop flu-like symptoms, and keep him or her updated on any side effects that any prescribed medicine has caused. At the first sign of a rash or other intended effect, please ontact your doctor immediately to ensure the best course for you and your recovery.

Originally posted at InjuryBoard by M. Brandon Smith

Crossing Guard and Child Struck By Negligent Driver

M. Brandon Smith — Mon, 23 Nov 2009 07:01:00 GMT

This past Wednesday, a driver hit a student and school crossing guard in front of Martin Luther King, Jr., Elementary School, according to Clayton News Daily.

The female crossing guard was escorting a 9 year old boy across the street when the driver struck both of them. The crossing guard’s name has not been released. The 1998 Dodge Caravan was traveling southbound on West Lee’s Mill Road when the pedistrian accident occurred.

The driver of the car, Donell Lee Adams, 59 years old, has been charged with failure to obey a crossing guard and driving with a suspended license. Adams’ license has been suspended since August of 1995.

The 9 year old boy was released to his mother after she responded on the scene. When Clayton County rescue responded, the crossing guard was taken to Henry Medical Center. The guard had minor injuriesccording to early reports. Adams also was transported to a local hospital after feeling ill.

Officer Otis Willis, III, a spokesman for the Clayton County Police Department advised, “Adults need to be aware of the school season, and pedestrians, and be aware of their surroundings,” he added. “Slow down when you see a crossing guard, and render them the same respect that you would the law enforcement.”

Originally posted at InjuryBoard by M. Brandon Smith

Good Samaritan In Covington Struck By Hit And Run Driver

M. Brandon Smith — Sun, 22 Nov 2009 09:56:00 GMT

There's an old proverb that says "no good deed goes unpunished". And while this cynical out look on life is not always true, it unfortunately sometimes is.

Take, for example, the story of the young man in Georgia who was struck by a speeding vehicle while he was trying to help a stranded motorist. According to CovNews.com:

It all happened at around 12:15 a.m. when [the victim] was at his home just outside Porterdale. According to him, he heard a commotion outside and opened the door to see what was going on. When he walked outside he saw a man and a woman and the couple appeared to be arguing. When he asked them what was going on, they told him the woman had been driving their vehicle and had run off the road, getting stuck in a ditch down the street.

As he went to assist the couple, he noticed a "black compact car" speeding towards them. Trying to ward off the reckless driver in order to protect the woman he was helping, the young man waved for the car to slow down, only to be struck as the car skidded towards him.

"I was not in his way at all. It sounded like he was speeding toward me," said [the young man]. "He skidded and then the car hit me. It was probably going 50 or 55 m.p.h. and I tried to jump out of the way but I couldn’t get my left leg out of the way in time."

The car struck [him] and he flew into the air, flipped and then hit the ground. The driver of the vehicle reportedly acted like he was going to stop but then apparently decided against it sped away.

An officer arrived at the scene in less then two minutes, called there for assistance prior to the accident by the people stuck in the ditch. [He] was taken to Atlanta Medical Center where it was found that his knee was lacerated to the bone, requiring more than 100 stitches – both inside and out.

He also suffered bruised ribs and numerous scrapes and bruises. Doctors have told him that he will need to use crutches for at least two months, but [he] can only walk short distances on them, requiring a wheelchair to go more than a few steps.

This young man, who is just a few weeks shy of celebrating his 18th birthday, deserves justice. Hit-and-run accidents are terrible violations of the law in any situation, but the fact that this particular victim was only in harm's way because he was trying to do a good deed makes the injustice of this situation even more frustrating.

If you have any information on this story, please call Georgia State Patrol Cpl. C.S. Allen at

(770) 464-1800 or (706) 210-2050.

Originally posted at InjuryBoard by M. Brandon Smith

Georgia Mother Killed By DUI Driver

M. Brandon Smith — Sat, 21 Nov 2009 19:56:21 GMT

This past week, an off-duty police officer saw a Toyota driving the wrong direction as the driver drove west on an eastbound lane of I-20. This was moments before a deadly DUI crash occurred around 3:30 a.m. in Atlanta, Georgia. Just earlier that evening, the Welch family had a gathering at a relative’s house in Douglasville.

Sameyka Rochel Welch and her dad, Ed Ford left their relative’s house at the same time. Welch drove behind her dad until she got onto I-20. It was around this time, 3:30 a.m., when the officer saw the Toyota driving the wrong way and called for help.

The Toyota Camry slammed right into Welch’s Ford Taurus near Langhorn Street exit west of the Downtown Connecter. Robert Ayiteyfio, the driver of the Camry, was driving drunk. Welch tragically died later in the hospital. She was driving with her boyfriend and two children. Welch’s boyfriend is at the hospital and the two children were taken to Egleston Children’s Hospital for treatment and evaluation. According to reports, the two children have non-threatening injuries. One child is ten months old and the other is two years old.

When Ayiteyfio was being questioned by an APD DUI Task Force officer, he ran and tried to avoid being captured. He eventually was caught and taken to the Fulton County Jail where is remains at this time. He is charged with driving under the influence of alcohol, homicide by vehicle, and driving on the wrong side of the road. Later that evening he was denied bond.

According to blog comments about the DUI Accident and DUI Video, one of the arresting officers of Robert Ayiteyfio had this to say about the event:

I am one of the 2 officer who took the DIU driver into custody after a 20-30 minute search for him in the woods and in the back of some houses. My other partner spotted him running down a dirt road heading in the direction of I-20 while taking him into custody he stated that he was a United States Marine and that he didnt care about what as going on. after My partner and I took him into custody we left the scene and reported back out assinged zones only to hear a few minutes later that an officer was down. I was the officer who was able to get inside the car and keep OFC. Towns neck from falling to the side and hurting herself even more. Im glad to hear that she was doing ok and hope for a speedy recovery. All in all this could have all been avoided of the DUI driver never got behind the wheel and act so careless......

I hope the Judge assigned to this case will be made aware of these comments when the time comes for this DUI driver to face the criminal charges and civil penalties that certainly will be filed against him. Maybe then he will see fit to care...

Our thoughts are with the Welch family.

Originally posted at InjuryBoard by M. Brandon Smith

Texas Day Care Licensing Needs Reform

M. Brandon Smith — Thu, 19 Nov 2009 21:27:27 GMT

With more and more two-parent households needing both parents to work outside of the home, and more single-parent households being created, the number of young children in daycare is rising. We trust daycare providers to create a safe environment for our children, and to make sure our children are safe when we cannot watch them ourselves.

And while many daycare centers are reliable and staffed by trained professionals, we cannot always guarantee that our children are safe, as a recent incident in Dallas/Fort Worth shows.

On Halloween 2008, A 2-year old girl ingested a rock at the Woodbridge Day School, and choked on it for several minutes before any day care staff noticed that anything was wrong. Due to the delayed reaction in helping the girl, she ended up dying. According to this story by CBS 11 News:

A records check shows the daycare has had two deficiencies in the last two years. One was for not documenting infant feeding instructions. In another incident, a child told a worker he or she was in pain and instead of looking into it, the worker told the child to tell their parent.

Woodbridge was found negligent in allowing the little girl's death to occur.

The fact that the daycare already had deficiencies in its record, and it had not looked into correcting them is troubling. What is even more troubling is the fact that, under a Texas daycare law loophole, if the current owner of Woodbridge wanted to sell his establishment to a new owner, then all of the previous owner's regulatory violations and deficiencies would be wiped from the Texas Department of Family and Protective Services' website, without necessarily having to replace a single employee, even if those employees lacked the proper qualifications or training.

This law is dangerous, and can make it very difficult for working parents to find a genuinely safe daycare center to place their children. We need to work to hold lawmakers and daycare owners accountable for their actions, so that loopholes like these don't end up costing more children their lives.

Originally posted at InjuryBoard by M. Brandon Smith

Fatal Motorcycle Accident In Conyers, Georgia

M. Brandon Smith — Thu, 05 Nov 2009 00:06:08 GMT

Last week on Tuesday, a tragic motorcycle and car accident occurred, leaving one driver dead. Stephen Andrew Wust, a 26 year old from Covington, Georgia was pronounced dead at the scene early Tuesday morning.

A 1999 Toyota Camry attempted to make a left turn off of Sigman Road as the driver was traveling north going onto Interstate 20. It was a little after 5 a.m. when Stephen Wust was traveling south at the same time the Camry was about to turn left.

When the Camry turned towards the on-ramp to the Interstate, it turned right in front of Wust, who was on his motorcycle. This caused Wust to lay the motorcycle down. He was thrown toward the entrance of the interstate as his motorcycle slid away. Wust was then tragically struck and run over by the driver of the Camry.

The driver of the Camry did not have any injuries as a result of this deadly accident but will likely face criminal charges as a result of this fatal motorcycle accident in he days ahead. The investigation into this tragic event continues and will be followed here.

Update:

In other news, the woman driver involved in last week’s traffic crash that killed a Covington motorcyclist was charged with homicide by vehicle by the Sheriff’s Office.

Judith C. Lorier, 66, of 2154 Rolling Acres Drive, was also charged with failure to yield right of way in making a left turn. She was booked into the Rockdale County Jail on Wednesday and released on $1,100 bond, according to RCSO spokeswoman Jodi Shupe.

Roadway safety is everyone's responsibility. Please be care and always look twice before making sudden turns or actions. The life you save could be your own.

Originally posted at InjuryBoard by M. Brandon Smith

Morehouse Bus Crash On I-75 in Georgia

M. Brandon Smith — Tue, 03 Nov 2009 00:03:19 GMT

Around 10 a.m. on Saturday, October 31^st, a charter bus carrying 42 members of the Morehouse University marching band ran off the shoulder of I-75, flipped several times, and finally came to a rest approximately 30 feet from the roadway. There were numerous injuries reported and one Morehouse band member sustained serious injuries in the bus wreck. Several students were rushed to local hospitals and all but one were released after treatment and evaluation.

What caused this bus accident? Right now, it appears to be a mix of unlucky rainy weather conditions and poor highway driving. Preliminary investigations reveal that the bus driver tried to avoid another vehicle that cut into his lane and then lost control of the bus on the slick, rain-drenched pavement. Morehouse president Robert Franklin put it best when he said that Saturday “was a frightening day…but thank God not a tragic day.”

Photos of the Morehouse Bus Accident are shown here.

Others has views and input on this Morehouse College Accident as well.

In the interim, the investigation into exactly what happened and why will continue in the coming days and weeks ahead. One of the latest concerns deals whether the bus driver invloved was even allowed to be driving the bus in the first place.

The bus company, Superior Transportation Group, is one of a dozen bus carriers the Georgia Public Service Commission lists as being unauthorized to operate within the state.

The PSC listed a 2008 complaint against the company and said Superior was among the list of 12 charter companies the Commission believes are operating in Georgia "without the lawful authority necessary to legally conduct intrastate transportation of passengers and their luggage."

And Morehouse officials on Monday said the school never contracted with the company to transport the band on Saturday.

"Morehouse College hired Adventure Bus Charter and Tours Inc., based in Sumiton, Ala.," spokeswoman Toni O'Neal Mosley said in a statement released Monday. "We are conducting an internal investigation to determine how Superior Transportation Group, Inc. in Atlanta, was involved."

Mosley said the school's internal investigation is looking into just what company or organization was operating the bus during the accident.

We wish all the best for the band members involved and their families during this very difficult time.

Originally posted at InjuryBoard by M. Brandon Smith

Georgia Power Van Crash Causes Serious Injuries on Stone Mountain Freeway

M. Brandon Smith — Wed, 14 Oct 2009 14:43:00 GMT

A van carrying 9 Georgia Power employees was involved in a very serious auto collision on Tuesday after another vehicle reportedly clipped the back end of the Southern Company commuter van. According to reports, emergency personnel had to use the jaws of life in order to get the van occupants out of the vehicle. Of the nine employees believed to be in the Georgia Power van, six people we air lifted to Grady Memorial Hospital and Atlanta Medical Center for treatment. 3 other occupants reportedly did not survive the Georgia Power van collision. No names of those involved have been released at this time.

The wreck happened just after 4:30 during afternoon traffic between Stone Mountain Industrial and Memorial Drive.

WSB reported that witnesses told investigators that a Dodge Stratus clipped the rear of the van as the sedan driver attempted to make a lane change.

The names of those killed and injured have not been released, but WSB radio reported that the van was a Southern Company commuter van, and the victims were Georgia Power employees.

The van was owned by VPSI, Inc., a Michigan-based company that owns and leases commuter vans in cities across the country. Company spokesman Jim Cain said VPSI vans are typically driven by employees of the local companies providing the van service.

This is a tragic event for all involved and the investigation into the van crash will continue in the days and weeks ahead to confirm the early indications of eyewitnesses. We wish the best for those involved and their families during this tragic time.

Once more information is provided, we will continue to follow this developing event.

Update on the Georgia Power Van Accident:

According to the Dekalb Police Department, the driver of the other vehicle, a Dodge Stratus, is James Miles, 55, of Loganville. DeKalb police said.

Police have not filed charges at this time but may do so in the future according to early reports.

Originally posted at InjuryBoard by M. Brandon Smith

DUI Driver Faces Criminal Charges After Killing Family of 5 From Georgia

M. Brandon Smith — Tue, 13 Oct 2009 13:19:32 GMT

30 year old Dwayne Leggett of Baton Rouge has been charged with five counts of vehicular homicide. This comes after the tragic death of five members of a family of South Georgia after a DUI accident and collision on Interstate 10 in Baton Rouge, according to the Atlanta Journal-Constitution.

This car crash occurred on October 2nd and initially, Leggett was charged with negligent homicide. These charges were upgraded this past Saturday because his blood-alcohol test results came back higher than expected and he was charged with the second-offense driving while intoxicated.

In this tragic DUI car accident, a pickup truck hit the back of another pickup that was stopped due to construction on over an overpass. Investigators said that the cab of the truck caught on fire after impact.

State police reported Alondra Brionca, 2 years old, died at the scene. The other family members, Maria Barrillos, 54 years old, Sonia Gomez Brionca, 27 years old, Jacqueline Gomez, 35 years old, and Rito Gomez, 22 years old, died within days after the accident.

Apparently, two days before this tragic accident Leggett was released from a pretrial diversion program which was began after Leggett's first-offense DWI arrest on April 17th, 2009. This program allows the participant to not enter a guilty plea before a judge and have the arrest erased from the record but they must sign a form admitting guilt. Given the effects of this incident, it is apparent Leggett did not learn his lesson the first time around. Now an entire family has paid the ultimate price for Leggett’s reckless and selfish decision to drive while intoxicated.

Hopefully the authorities will take swift against Leggett to see that he never drives again and is further held accountable for his actions to this family and to society as a whole.

Originally posted at InjuryBoard by M. Brandon Smith