Month: November 2009

In a twist that might be considered bizarre, a massage therapist broke a world’s record for a continuous massage session that lasted 68 hours. This is actually considered to be medical malpractice.

Interesting, remarkable, stunning and perhaps a tad ridiculous, but in the legal arena back-to-back sessions of massage therapy for 68 hours does have the potential to be considered medical malpractice. This would definitely depend on what state someone happened to live in, but if it could happen in Florida, it may have the chance of happening in Georgia. Stranger things have happened.
More to the point, discerning readers will want to know how in the world massage therapy for 68 hours can be considered to be medical malpractice. This goes to the foundation of what massage therapy is considered to be, and that is a medical service which has physiological effects on the body.

Given that massage does have such a dramatic effect on a body, the massage therapist needs to be alert and aware to all the ramifications of what a client’s responses to the therapy happen to be. There are, as in many other medical services, contraindications that therapy of this nature should not be done on some injuries or not until certain types of injuries have been present for 48 to 72 hours.
Licensed massage therapists spend hundreds of hours in school learning to identify and properly respond to each of their client’s medical needs. The focus of that part of their training is that each client is an individual and needs to be treated as such. In other words, cookie cutter therapy would not be proper. In fact, it could be downright dangerous.

If a therapist is going to massage for 68 hours without sleep, it is safe to say that the necessary level of attention that should be paid to a client would not be present. One has to consider what damage may be done by an inattentive and fatigued therapist performing automatically on each client rather than paying attention to individual needs and medical requirements. From a legal point of view this is considered to be performing massage therapy while impaired (sleep deprived, etc.) and it may be a violation of state laws. In addition to that concern, there is the question of ethics involved here as well.
Basically, the major concern in a case like this would be the safety of the client in the hands of a dead-tired therapist who may not be able to concentrate or perform up to the expected, required and usual standards dictated by the massage therapy associations in the state. While this case may be a touch unusual , it certainly may cause some ripples in legal circles.

To learn more, visit http://www.webbdorazio.com.
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Webb & D’Orazio are Atlanta personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

Tort reform sounds like a good idea on the surface, until the full facts are known.

Today in America, most doctors practice defensive medicine simply because they have no other options open to them. Americans are a very litigious lot. Is it any wonder then why people do file medical malpractice lawsuits if they think they have been harmed by a medical professional?

In the meantime those physicians who continue to practice what they love have to shell out a whole lot of money for insurance. Estimates on the cost of the malpractice insurance may run up to about 10 percent of the total dollars spent in health care. That number is staggering. What that says about the system is yet another matter. In addition, take a look at the next hospital bill that arrives in the mailbox. It is going to be horrendous.

Evidently tort reform is supposed to fix things like this, and tort reform is something that was proposed by the current administration while on the campaign trail. Right now there is an unfortunate Grand Canyon gap between the concerns about defensive medicine and the desire to fix it, and the hard fact that trial lawyers raised millions for the President’s campaign. Those same trial lawyers oppose tort reform.

The reasons the trial lawyers oppose tort reform are numerous and may have some merit in the greater scheme of things. In essence, their position is that tort reform would hurt victims of medical malpractice who have had their whole lives ruined by malpractice.

Most medical malpractice lawsuits that go to court are the cases where a victim has sustained very serious injuries; injuries that altered their lifestyles in a manner that they now require ongoing medical care. They may also now need medications, therapy, regular treatments, counseling, in-home care and in-home renovations. For case like this, juries have a habit of handing out high awards for such grave damages.

Tort reform stacks the deck against victims. Doctors and hospitals currently have a significant advantage here because med mal cases have the shortest statute of limitations. Mounting a complex med mal lawsuit in a year is virtually impossible.

Add to these facts the tidbit of information that a medical malpractice lawsuit cannot be filed against a doctor or hospital unless it’s certified by a qualified medical expert to be meritorious. This is to weed out frivolous lawsuits.

The question that begs to be asked here is since virtually everything seems stacked in favor of the doctors, who speaks for their victims and will they be able to get the justice they seek?

To learn more, visit http://www.webbdorazio.com.

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Webb & D’Orazio are Atlanta personal injury lawyers practicing personal injury law, business law, and criminal defense in Atlanta Georgia.

Personal injury lawyers are critical to have in cases where you have sustained a serious personal injury due to the negligence of someone else.

Some people aren’t familiar with what a personal injury means. In a nutshell it is any harm, emotional, physical or mental that is caused to someone. Typically, most people think of personal injuries as being the kind you can see, like a broken bone or a lacerated arm or face. Not many understand that emotional and mental injuries may also qualify as personal injuries.

To put another way, it doesn’t matter what kind of harm it is, if the harm happened because of a mistake that someone else made, happened due to negligence or some other unintentional event, this is classified as a personal injury case. These are the kinds of cases that personal injury attorneys deal with on a daily basis. If you have been hurt and sustained injuries of any type, a lawsuit may be petitioned in the courts for any damages caused to the victim.

If you have been in an accident of some type or have faced physical, emotional or mental injuries then it is essential that you keep records of what has happened to you. In other words, your personal injury lawyer will need details and as many as you are able to provide. Without pertinent facts, your possible case may not be able to move forward. So, in order to be able to stand a chance of being compensated for your injuries, make sure you have a dairy, record or even notes of what has happened to you. It’s one thing to accuse someone of negligence or abuse, but quite another to be able to prove that in a court of law.

If your case does proceed to court, both sides – the plaintiff (you) and the defendant (the accused) have a full opportunity to present their cases. Having a personal injury lawyer working with you will definitely increase your chances of a getting a just award for your personal suffering and pain. Included in the award may also be compensation for things like lost wages, rehabilitation and medical expenses.

Never assume without talking to a personal injury lawyer that you have a case. There are certain requirements that often need to be met for a case that would stand up in court. Knowing what those requirements are and what your rights are will go a long way toward getting justice in a difficult situation.

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 at Webbdorazio.com.

This never should have happened, but it did. Two individuals in a car, both under the influence of alcohol, struck a small boy and then left the scene of the accident. Only a criminal defense attorney will be able to handle a case such as this.

There are two elements involved in the following case that would dictate that those charged would need a criminal defense attorney and an attorney equally familiar with the DUI laws in his or her state.

Both of the men driving the vehicle in question that struck the small boy, breaking his pelvis, were drunk. It didn’t get any more straightforward than that, or so it may seem on the surface. While there was evidence of hit and run, failure to stop after personal injury, possession of an open container, DWI and reckless driving, there was a question of who was driving the vehicle at the time of the accident. There was also a question of whether or not the police collected any evidence that positively showed both individuals, and in particular the driver, were under the influence. No blood alcohol content tests were on the police file of the incident.

In circumstances like this if you are about to be charged, are charged and/or are arrested for any of the above offenses or similar ones, make your first phone call to an experienced DWI attorney. If you are in the state of Georgia, calling an attorney first is critical. Do not speak to anyone other than your attorney or anything you do say will come back to haunt you.

If you do happen to be arrested for DWI in Georgia, you may face stiff penalties. Knowing what these penalties are is crucial to you understanding how your case may proceed through the courts. Your experienced DWI attorney and criminal defense specialist will outline all the things you need to know to make an informed decision about your defense.

If you happen to be a first offender, meaning a person who has not had a DWI arrest in the past five years in the state, you may lose your license for a year. If there is a question about your arrest, such as no evidence of your blood alcohol content or a question as to whether or not you were the driver at the time of the incident, you may have your case thrown out of court. In the alternative, you may have any fines reduced or mitigated with the assistance of your attorney.

Should you ultimately lose your license for one year, you will be allowed to apply for a work permit that will let you drive to school, work or doctor’s appointments. This permit is for 30 days. If you so choose, you may also have the option of taking a risk reduction course and shell out $200. If you choose that route, your regular license could be reinstated in about 30 days.

First time offenders don’t get off easily in the state of Georgia and often face fines ranging between $300 and $1,000 plus fees and court costs. Again, the fine and the outcome may be dependent on the facts of the case. This is why you should only speak to your attorney if you are arrested and only tell him or her the complete details of the incident. This will allow them to formulate a workable defense for you.

There are other things that typically come into play with a license suspension, and your DWI attorney will let you know what they are; for instance one day jail time to 12 months in the clink and possibly community service for whatever hours the court deems necessary.

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 at Webbdorazio.com.