Month: January 2010

Although many people seem to think that the law is black and white, this couldn’t be further from the truth. Cases dealing with an asbestos mesothelioma lawsuit tend to be in the gray area.

“When it comes to handling an asbestos mesothelioma lawsuit there is way more to it than initially meets the eye. It could be litigated as a wrongful death action even though it may also be a product liability case,” said Robert Webb of Webb & D’Orazio in Marietta, Georgia.

“What we refer to as a ‘classic’ mesothelioma case is where the plaintiff submits that they have contracted cancer due to the fact that they worked in an area where they were continuously exposed to asbestos,” Webb explained. “The thing here is that claims laid against the makers of the asbestos would be based on product liability law. Claims against the employer would be based on negligence,” he added. What happens in instances like this is that the attorney needs to frame the case using both product liability law and negligence.

Mesothelioma is the result of breathing in asbestos fibers over a period of years. Doing so leads to asbestosis, lung scarring and eventually lung cancer. While asbestos is considered to be a miracle fiber, it’s taken its toll on human life over the years it has been in use.

“The other issue that generally comes into play here is that a mesothelioma action may also be considered to be a wrongful death lawsuit. I say ‘may also be considered a wrongful death suit’ because this particular form of cancer is very difficult to diagnose,” said Webb. Because it is so difficult to diagnose, it means that most people don’t find out they have it until it has advanced too far to be able to do anything about it. In many cases, those who have been diagnosed have very little time left to live.

“When it comes to situations like that, the family needs to act quickly to contact a skilled attorney. Even though they may feel it is one of the last things on their mind, it is a way to be able to recover damages for the pain and suffering of the patient diagnosed with mesothelioma. Unfortunately, many of these victims don’t live to see their successful verdict, but their families are financially secure as a result of the case having been filed in time to beat the statute of limitations,” explained Robert Webb of Webb & D’Orazio in Marietta, Georgia.

No matter if the case is framed as a wrongful death suit, negligence or product liability or all three, the end result is that the courts allow the lawsuit to proceed. In most instances, the defendants do not escape responsibility because the plaintiff dies during the trial.

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

COMPANY PROFILE

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

Medical malpractice trials tend to be rather long affairs. For this reason, many of them end up in settlement agreements leading to a structured settlement.

It’s not common knowledge that those filing a medical malpractice lawsuit have options to get funding to help them stay the course of the trial and pay their necessary bills and living expenses. For instance, if you happen to be in the middle of a medical malpractice suit at the moment, you are able to get a settlement “loan” instead of going for an early settlement agreement. Another option is that if you have accepted a structured settlement plan when the damages are ultimately awarded, you may receive a large payment.

Settlement loans are a good idea for some people and not for others. It all depends on the case and its likelihood of winning the day in court. If you do decide that a settlement loan would work for you while you are waiting on your verdict, you will be able pay pending medical expenses and other bills. Making this kind of decision will let your attorney take the case to verdict instead of settling for an amount lower than what may be possible when the jury comes back with their decision.

Here is an interesting fact that people don’t know about lawsuit funding, and that is, if you “lose” your case you do “not” pay back the settlement loan. That’s right; you do not have to pay the money back, which makes this a very attractive option to choose over a traditional bank loan. Also remember that with bank loans, there are monthly payments plus interest. Just make sure you understand what this kind of funding will mean for you and how it works before deciding to go that route.

You may also want to think about a structured settlement buyout if your case is already settled and you won. This alternative is when a company or an investor gives you a large sum of money in return for your structured settlement payment. You don’t get the full amount, as there are fees that come off the top.

Ask questions about how this works, as you may feel that getting 60% to 70% of your total settlement might not work for you. The major benefit of a structured settlement buyout is the immediacy of being able to take care of financial issues and get on with your life. And while they are not for everyone, they may suit your circumstances.

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.

When filing a medical malpractice suit, a key item of evidence is the patient’s medical records. Crucial information is contained in them.

“There is a saying in the medical malpractice area of law that refers to patient’s medical records – ‘If the information wasn’t charted, it did not happen.’ Scary thought; and one that makes getting those medical records vital to a case. Of course, that isn’t as easy as it sounds, even though that information deals with a particular patient and belongs to them,” outlined Robert Webb of Webb & D’Orazio in Marietta, Georgia.

Ideally, under HIPAA, which stands for Health Insurance Portability and Accountability Act, patients have the right to not only view their medical records, but also copy them and amend them. After all, it “is” their personal information and HIPAA protects its privacy. “Here is the interesting thing; chances are at one time we’ve all signed a great long and detailed form in a doctor’s office that details how that physician is guarding or sharing that health information. We do this because most health care professionals ‘must’ follow HIPAA and the privacy laws of their state,” added Webb.

Without getting too detailed about what is allowed and what isn’t, suffice it to say that patients normally have a right to demand their records and to copy them. The hospital or doctor’s office must, in most instances, provide the records within 30 days of being asked to produce the records. “Be smart, keep a record that the information was requested and make sure it’s in writing. In Georgia, patients are charged for copying medical information,” Webb stated.

If there are errors on the medical record, under the auspices of HIPAA, a patient has the right to ask that the wrong information be corrected or to demand missing information be added. If this request is turned down, the patient has the right to file a short statement explaining why the information was requested.

“If any requests for medical records are not honored, there is an option to file a complaint with the Office of Civil Rights, Health and Human Services and/or the State board that certifies physicians and medical establishments,” Webb outlined.

One of the major problems here is that those who made the medical mistake in the first place are usually the first ones to know, even before the patient, that an error was made. This means the file is flagged as being a potential problem at some point. If a request for those records does arrive, their first thought is a medical malpractice lawsuit. From this point on, it may become difficult to obtain patient medical records that are accurate.

“Unfortunately some of these files go missing and are extremely difficult to find without a great deal of effort. This means putting pressure on the facility to force them to find those records. While it’s a shame that force needs to be used to get the records, in many instances they won’t produce the records otherwise,” commented Robert Webb of Webb & D’Orazio in Marietta, Georgia. There are also instances of medical charts torn apart and filed out of order; blacked out; short-sheeted on photocopying; and even fading copies out when sent.

Victims of medical malpractice need a skilled Atlanta personal injury lawyer as soon as possible. Do not wait or the statute of limitations that applies in such cases may run out. When it comes to cases such as this, only an attorney will be able to get those crucial patient medical records.

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

COMPANY PROFILE

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

Not many people realize that hit-and-run accidents are considered to be personal injury cases with a criminal law element. If the hit-and-run results in a death, there may also be a wrongful death suit filed.

Let’s consider a real life case of a 63-year-old man who was out walking in the snow one day minding his own business. It was good to get out for a walk. He was walking in the street because of the amount of snow on the sidewalk, never expecting any problems, as he’d done this before.

Later that day Mr. Moore, a mortgage broker, was found dead in a snow bank. He’d been hit by a vehicle so hard that the impact threw him up on the sidewalk. He’d been left to die while the driver left the scene.

It turned out that a retired Fire Department lieutenant had been charged with the hit-and-run accident that killed Mr. Moore. The charges included motor vehicle homicide due to negligent operation of the vehicle, leaving the scene of an accident that resulted in a death, and the negligent operation of the vehicle.

At the time of the accident, the FD lieutenant was driving a Toyota Tundra truck which, when processed for evidence, had a passenger side damage. A side mirror from a Toyota Tundra truck was found at the scene of the accident.

On the face of the “evidence” it would appear that the FD lieutenant was indeed the culprit responsible for the death of Mr. Moore. However, there are other things to consider, and a good Atlanta criminal defense attorney who defends someone like the FD lieutenant would be the first one to point out that there is a good possibility that the FD lieutenant may not have been driving the vehicle in question.

While it is clearly the case that the “truck” – the Toyota Tundra – was involved, it is not quite as clear who the driver was at the time of the accident. There were no eyewitnesses to the accident either. Someone else may have been driving the vehicle because they borrowed it. There are other issues that could possibly mitigate a case of this nature, but they would need to be discussed with a highly skilled Atlanta criminal defense attorney.

Hit-and-run charges are serious, and are something that no one should try to handle on their own. Only experienced counsel is able to appropriately deal with the circumstances of a hit-and-run. If the attorney represents the accused, it is their job to provide them with the strongest defense possible given the details of the case.

If you have been charged with hit-and-run, make your first phone call to a dedicated and seasoned Atlanta criminal defense attorney. You will need to provide the attorney with all of the details, holding nothing back. Your attorney needs to know precisely what they are dealing with before defending you.

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.