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2009- July - Webb & D’Orazio

Month: July 2009

Patient Be Thine Own Doctor

Posted by on July 5, 2009

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.

Wrongful Death Has Limitations

Posted by on July 5, 2009

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.

Spinal Cord Personal Injuries

Posted by on July 5, 2009

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.

Misreading a Mammogram Med Mal

Posted by on July 5, 2009

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.