Atlanta Injury Lawyers Blog

Dental Implants Are Riskier Than Advertised

Tue, 18 Jun 2013 16:42:53 -0500

According to a recent article, dental implants are riskier than many are lead to believe. As an Atlanta lawyer who specializes in dental malpractice, I have seen a wave of dental malpractice claims related to the improper placement of dental implants. To be sure, the technological advancements regarding implantology are stunning, but the implant is only as good as the dentist who installs it.

Atlanta Dog Attacks On The Rise

Thu, 16 May 2013 09:38:55 -0500

As the recent article in the AJC points out, Georgia is the 9th ranked state for one of the largest payouts of the leading insurance company in the nation.

We have noticed an increase in the number of deadly dog attacks on children in the Atlanta area. Many of these attacks involve pit bulls and negligent supervision.

Top Dental Implant Complications Due to Malpractice

Thu, 09 May 2013 15:04:14 -0500

Dental Implants are an effective treatment for missing teeth. Unfortunately, with the rise of dental implant procedures, there has been a rise in dental malpractice claims caused by these implants procedures. The following are the most common types of malpractice-related injuries:

(1) Tissue or nerve injury-- Dental implants are an invasive procedure. When the implants are screwed into place, common problems include abnormal swelling of the tissue surrounding the implant. If proper care is not taken by the dentist, this tissue can become infected and lead to other complications. Another problem caused by dental implant malpractice is nerve damage. Nerve damage occurs when the implant is placed too close to the nerve, or in extreme cases of malpractice, when the implant is screwed through the nerve canal and into the nerve itself. If this happens, the implant must be "backed out" as soon as possible, but in most cases, if the implant is in the nerve, the resulting nerve damage is irreparable.

(2) Sinus Complications -- these occur when the patient receives a maxillary implant (to replace an upper tooth) and the implant "communicates" with the sinus and causes infections and other unpleasant side effects. In many cases, this happens because the dentist failed to do a pre-implant sinus lift which can alleviate these possible sinus problems.

(3) Implant Integration Failure -- occurs when there is incompatibility between the implant and the receptive bone. This often occurs if there is not sufficient bone (and/or bone density) to support an implant. It is below the standard of care to install an implant under these conditions because it is almost certain to fail.

Top Commission Dispute Scenarios

Thu, 02 May 2013 12:28:35 -0500

One of the areas that I most enjoy practicing in is commission disputes. Before going to law school, I spent a few years as an account executive with AT&T. During that time, more than half of my income was earned through commissions and bonuses. So, I understand how frustrating it is when commissions are not paid, as promised. Successful salespeople work as hard as any professionals I know and they deserve to be paid for all of the sales that they make. The following are the top scenarios that I have seen when companies refuse to pay salespeople the full amount of money owed and litigation is imminent.

1. By far, the most common dispute arises when a salesperson quits and leaves the company. Depending on the type of sale, there could be a stream of commissions due for up to a year or longer after departure. Many employers take this opportunity to unlawfully withhold commission payments on commissions that were earned and but paid. Absent contractual language to the contrary, this is unlawful.
2. Another common situation which results in a commissions dispute is when a company fires a salesperson and refuses to pay the outstanding commissions unless the employee signs a release and settlement document which hampers her ability to go to work for a competitor. Not only is this not necessary, it puts the salesperson in an untenable position with her formers employee AND any prospective employees.
3. Finally, it is common to see a commission dispute when the company pays the wrong person for the sale. Unfortunately for the company, if they paid the wrong person, this does not absolve them from the legal (contractual) obligation to pay the correct salesperson all of the commissions due and owing.

Patient Signs Away Valuable Nerve Injury Case

Fri, 26 Apr 2013 15:02:20 -0500

This happens so often but I rarely take the time to write about it, yet I feel compelled to share what happened today to help other victims of dental malpractice. I received a call from a very nice woman in New Jersey. She was frustrated and troubled because she has had intense pain and paresthesia (numbness) in her lower lip, the corner of her mouth and her facial skin, since a general dentist installed implants in replace of teeth #30 and 31. These are the two last mandibular molars on the right side (assuming that the wisdom tooth and that side has been extracted). The reason for the pain and numbness? The general dentist placed the implants into the nerve canal when installing them. Then he backed them out to weeks later. In other words, the dentist crushed her mental nerve by screwing the implants through the nerve canal and into the nerve itself. This is an implant procedure complication that is almost always caused by malpractice and is easily avoidable.

Oral Surgery Can Cause Many Serious Dental Injuries

Fri, 29 Mar 2013 12:00:27 -0500

As a Georgia trial lawyer who specializes in Dental Malpractice, I represent clients who have suffered lingual and inferior alveolar and other maxillofacial nerve injuries caused by Oral Surgeon dental malpractice. Today, I read that an oral surgeon in Oklahoma who has "voluntarily" closed his offices after health officials began investigating his dental practice.

Despite his office's "spiffy" facade, this oral surgeon is being investigated for contributing to the spread of hepatitis and the HIV to his patients. State and County inspectors raided Dr. W. Scott Harrington's office and found evidence of employees using dirty equipment, re-using syringes, and administering drugs without a license.

This lack of quality assurance and proper medical protocol is appalling and I must say that it is not the norm. The injuries that I see most often result from dental errors during the selection and administration of the local anesthetic.

Pain Managment For Atlanta Dental Implant Nerve Injuries

Fri, 08 Feb 2013 11:16:32 -0500

Injury to a nerve is the most common problem I encounter as a Dental Malpractice Attorney. This type of injury is caused by the implant being too long for the application or being screwed too far into the bone and compromising the inferior alveolar nerve canal.

Unfortunately, this type of nerve damage is almost always permanent. While damage to skin tissue or bone often heals, the same cannot be said for nerve injuries. This underscores the need to avoid the malpractice that causes these injuries in the first place by, for instance, not relying solely on x-rays (which sometimes lack the clarity needed to know the exact distance to the nerve canal).

In addition the resulting numbness, many patients suffer from debilitating pain. Many find this hard to comprehend (i.e., how can I be numb and have severe pain at the same time in the same area). Suffice to say that the interaction between the central nervous system and sensory nerves are extremely complicated and that there is a very complicated medical explanation, but we can leave it at: it is possible and it does happen to many of my clients who are the victims of dental malpractice while undergoing dental implant procedures.

The Best Lawyer in Atlanta

Wed, 30 Jan 2013 10:52:47 -0500

With the new year came the latest edition of the "Real" Yellow Pages and a host of imitators. I normally throw them right into the recycling bin because, as a hard-working and ethical lawyer who has built his practice on past performance in the courtroom and client satisfaction and referrals, it is difficult to read the Yellow Page Ads that some lawyers run. Truth be told, I know some of these lawyer and more importantly, I know the quality of law that they practice. To be kind--they are not the best choice when one is seriously injured and looking for a lawyer in Atlanta that will take the case on, work the case up, and resolve it or try it quickly.

It is astounding, but the "best lawyers in Atlanta" are almost all NOT in the Yellow Page Ads. In addition, the two page spreads are dominated by law firm mills (heavy use of paralegals, advertising for low-lying fruit and who sign up and refer out to real trial lawyers the difficult but valuable cases).

2013 New Year Rings in Same Old Injuries

Fri, 04 Jan 2013 10:55:00 -0500

With the new year upon us, many people contemplate dental work as a way to have a new beginning or to get ready for the new year. As an Atlanta Dental Malpractice lawyer, I am far too aware of injuries that can result from botched dental work.

Dental implants, root canals, and wisdom tooth extractions are just three of the many dental procedures that result in serious nerve injuries to the lingual and inferior alveolar nerves. It’s a simple (not simplistic) error that dentists make that cause these injuries. Most times, the injury occurs because the dentist does not take into account the distance between the tooth root and the nerves, or worse yet, doesn’t even bother to take pre-procedure x-rays to make sure there is sufficient room between the tooth roots and the nerve or nerve canal.

Dental implant procedures are “in” these days and they are effective, if performed within the standard of care. Unfortunately, we are seeing a lot more clients coming into our office complaining of dental nerve injuries after the dental implant was placed too deep into the jaw.

Atlanta's Dangerous Dogs

Wed, 29 Aug 2012 21:56:12 -0500

Two women in Oxford, Connecticut were treated at a local hospital after having been attacked by one of their neighbor’s German shepherd. The 37 and 49-year-old victims were taken by ambulance with bite wounds to their arms and legs.

Police report that the dog attacked one of the women before breaking away from its owner, and ran back to attack the other woman who had gone to help the victim of the initial attack. The owner of the dog has been cited for having an expired rabies certificate, two counts for having a nuisance animal, and two counts for permitting the dog to roam.

Here in Atlanta, we follow the “one bite rule.” That is, all dogs in Atlanta get “one free bite” before they become a liability to their owner. After the initial bite, the dog’s owner is placed on notice and becomes liable for all damages caused by the animal.

Someone who possesses or keeps a ferocious or dangerous animal and who, by careless supervision or lets the animal go at free will, injures another person who does not provoke the injury, can be held accountable for damages to the injured person.

The thought behind this law is that the owner “knew or should have known” of the dog’s potential for viciousness if it “was not at heel or on a leash” as required by law or if the dog bit someone at a previous time.

After the first bite, the owner has to register the canine as a “dangerous dog” with the Georgia Dangerous Dog Control Office. Then the owner becomes the dog’s sole insurer and is solely legally responsible for any injuries it may cause. Even if other individuals “contributed” to the negligence by aggravating or freeing the dog, only the owner is liable for the subsequent injuries.

Dog bites can cause large medical bills, lost earnings, and other serious problems. Therefore, if a dog has injured you or a loved one an experienced Atlanta dog bite lawyer can help. Since 1997, we at Katz, Wright, Stepp & Fleming LLC have successfully helped numerous victims of dog bites. Therefore, please call us at (404) 525-5150 or contact us online to discuss the value of your case.

The Victim and the Offer of Judgment Statute

Wed, 29 Aug 2012 21:40:28 -0500

As an Atlanta personal injury lawyer, usually one of the first questions I’m asked by potential clients is how they have to pay my fees. In cases seeking damages for injuries and deaths arising from auto accidents, bicycle accidents, dog bites, slip and fall accidents or other types of cases of personal injuries or wrongful death, damages caused by the negligent actions of others are typically structured in contingent fee agreements.

In contingent fee agreements, clients do not have to pay a fee unless the case is settled for a dollar amount or attached to a money verdict. Ordinarily, the contract specifies that the lawyer will receive 33% or one-third of the gross settlement’s total if the case is settled without needing to file a lawsuit.

Generally, gross settlement means the sum of the settlement amount before legal costs or expenses are subtracted. Deposition fees, expert fees, filing fees, photocopy fees, fees associated with acquiring medical records, and so on typically comprise legal fees. Such expenses are paid out of the client’s share of the settlement’s gross.

Ordinarily, the plaintiff and the defendant of a personal injury or wrongful death suit are responsible for their own lawyer fees. Therefore, the only costs plaintiffs usually pay in a personal injury or wrongful death suit are the aforementioned. However, the Georgia General Assembly passed an Offer of Judgment law in 2005 making it possible for the plaintiff to assume responsibility for all or some of an insurance company’s fees depending on how the lawsuit is settled during the trial.

If before the trial an insurance company offers to settle the case for a specific amount and the plaintiff does not accept the offer within 30 days, the insurance company can have its attorney fees paid by the plaintiff from the 30th day after the date the offer was made, if the plaintiff does not receive at least 75% of the offered amount. If an offer is made directly after the suit is filed, the plaintiff can be held liable for all or almost all of the insurance company’s fees.

However, only the judge decides how much the insurance company will be awarded in attorney fees. In some cases the judge hasn’t granted legal fees to the insurance company; and in some cases the judge has granted all that the insurance company was asking for. It all depends on the judge and if he/she thinks that the offer was made with honest intent and if the insurance company has accurately verified its claimed amount of applicable fees.

Since its enactment, the Offer of Judgment law has complicated a victim’s ability to decide whether to accept a settlement offer or to proceed to trial in a personal injury or wrongful death lawsuit. As a result, it has become even more important to consult with a qualified attorney who understands the Offer of Judgment statute in relation to your particular case. Therefore, please call us at (404) 525-5150 or contact us online so that we can discuss the value of your case in the strictest of confidence.

Problems Stemming from Vaginal Rejuvination Surgery

Wed, 29 Aug 2012 21:32:55 -0500

Vaginal rejuvenation surgery has become a great help in restoring sexual sensation for many women after childbirth. It helps to make the vagina and its cavity tighter by repairing the looseness that usually comes about from stretching and damage during childbirth. Labiaplasty, in which the outer lips of the vulva are restructured through traditional surgical techniques or lasers, can also be included in vaginal rejuvenation.

Vaginal rejuvenation is a serious medical procedure. Certain risks and complications are to be expected due to its invasive nature. These risks and complications can be reduced if the vaginal rejuvenation procedure is performed with lasers instead of traditional surgical methods.

Numerous risks and potential side effects arise during the recovery phase after the operation has been performed. These side effects can include: bleeding, bruising, infection, lost sensation, redness, and swelling.

Apart from infection, these side effects are rather common. Bruising, redness, and swelling should lessen as the healing process progresses. However, should any redness or swelling continue or arise unexpectedly after a period of absence, your doctor should be notified immediately.

Too much post-surgical bleeding or stitches that have pulled free before they should have been removed can also cause problems, and your doctor should be informed. Your doctor should also be informed immediately should indications of infection, such as extreme redness, pain, and/or discomfort at the location of the incision, fever, or abnormal discharges from the incisions develop.

In some cases, long-term problems may come about after vaginal rejuvenation. Among them are: long-term or permanent loss of feeling; painful or uncomfortable intercourse; unhappiness with the outcome of the surgical procedure; and acute infection or tissue necrosis.

The most common grievance concerning vaginal rejuvenation is disappointment with the result. This is typical with a good number of cosmetic surgery procedures, and can usually be dealt with through revision surgery. However, carefully and honestly communicating with your doctor before surgery, will more than likely produce the results you are after.

Since 1997, we have been able to help our clients in the Atlanta area with problems that have been caused by cosmetic surgery. If you or someone you know has been injured and would like to discuss the case in the strictest of confidence, then please contact us at (404) 525-5150 or contact us online.

$55 Million Awarded in Botched C-Section Case

Tue, 31 Jul 2012 16:46:43 -0500

A now 2-year boy who suffered brain damage when he was born in 2010 has won an award of $55 million when a jury found the hospital that delivered the boy to be negligent.

The plaintiffs were at home when the mother went into labor. The childbirth was attempted with a midwife but the child was stuck. Therefore, the mother was rushed to the hospital where doctors agreed to perform a C-section immediately.

However, after waiting more than two hours, the procedure had not been performed. The mother waited in agonizing pain while her son began suffering brain damage. Eventually the procedure was performed but the child was left with permanent brain damage.

The jury found that the hospital did not provide appropriate care. However, it is unlikely that the family will see $55 million. The award can be reduced upon appeal and by state laws that cap earnings in civil suits.

When to File a Dental Malpractice Suit

Tue, 31 Jul 2012 16:13:49 -0500

Most people don’t consider that dental malpractice suits make up a considerable portion of the overall number of medical suits filed. Dental malpractice suits make up their own category, and like all other healthcare professionals, dentists are legally responsible when unacceptable treatment services are rendered.

The total number of dental malpractice claims continues to rise each year. Some injuries that cause dental malpractice suits may be injuries to the jaw, lip and tongue nerves, injuries associated with anesthesia and death.

For example, a dentist must make sure that his or her patient has no prior medical conditions requiring special treatment before giving anesthesia or if the dentist fails to detect oral cancer or other oral diseases he/she is liable.

Many people die when anesthesia is improperly administered or when gum infections are improperly treated. Other common reasons for filing dental malpractice suits are:

• Permanent nerve damage resulting from oral surgery.
• Permanent numbness from root canal surgery.
• Accidental removal of the wrong tooth.

Just like other physicians, dentists are accountable when they make the wrong diagnosis or cause injury during treatment. And by law, they are required to administer a certain level of care to their patients.

Many people in the Atlanta area aren’t even aware that they can file a malpractice suit against dentists. If you think that you’ve been the victim of an injury caused by a dentist you can contact us at (404) 525-5150 to speak in confidence with an experienced attorney.

New Trial for Permanently Disabled Teen

Mon, 16 Jul 2012 15:11:49 -0500

The Georgia Supreme Court has ruled in favor of a new trial in a case in which a Clark County jury found St. Mary’s Hospital and a local obstetrician innocent in a malpractice claim that they mishandled the birth of Kayla Kesterson that left her permanently disabled in 1998.

In an effort to prevent undue sympathy, the trial judge limited the amount of time Kayla was permitted in the courtroom. However, in a near unanimous decision, the justices ruled that it was in her right to be present at her own trial.

The parents of Kayla maintain that the hospital personnel did not act in a timely manner to readings from the fetal heart monitor and alert doctors of the need to perform a Caesarean section. The lawsuit also states that she was not breathing upon delivery and that the loss of oxygen was a factor in her brain damage. The Obstetrician’s decision to induce labor with medication rather than deliver the baby by C-section is also in question.

There are many injuries that have an effect on infants due to poor care during labor and delivery. These injuries are tragic as the brain will not develop to the same extent and this will affect the baby’s functioning ability as s/he grows.

Kayla is now a teenager and is confined to a wheelchair. She cannot speak or control her movements and she has a feeding tube in her stomach. Her airway has to be suctioned a number of times each day and she experiences frequent seizures.