Month: March 2010

DUI charges are serious offenses which could significantly alter one’s life. DUI testing methods in the state of Georgia have the potential to produce false results.

Drinking and driving is clearly a negligent action; one that can cause death or injury to innocent victims. Certainly, those who commit the offense should be held accountable for their actions. While many people think that DUIs are open and shut cases, not all DUI cases are cut and dry because there is the potential for error in testing methods.

In Georgia, the state relies on one company, Becton-Dickinson, as a vendor for the blood collection kits used in all DUI investigations. These blood collection kits used by state and county police forces in Georgia all have an expiration date, and if this date has passed there is a potential for error in the test results. The kits can potentially give false results because of stale preservative, a defective seal or an insufficient level of potassium oxalate. If the seal on a blood alcohol kit is broken, there is the potential for a number of different organisms to penetrate the vial. The addition of these organisms can significantly alter the results of a test. If a kit were truly contaminated, the arresting officer would not have an accurate picture of what an individual’s blood alcohol level was at the time of the incident.

A DUI conviction is a serious offense that could result in an individual being imprisoned for one or more days, a fine of up to $1,000, a possible loss of full driving privileges for up to a year, community service hours, a permanent record of the DUI conviction, loss of insurance coverage, or increased insurance renewal rates. As such, being wrongfully convicted can have catastrophic effects on an individual’s life. It can cause a significant financial burden as well as a loss of personal freedom.

Not all DUI cases can be challenged, as it may be difficult to prove that the blood alcohol test kit was contaminated. However, it’s important that law enforcement officials make sure that the equipment they are using is intact and can give accurate results. Not taking the time to do so could result in convicting an innocent person.

Attorneys at Webb & D’Orazio have extensive experience handling DUI cases and will use their expertise to defend those who have been wrongfully accused.

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

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

Birth injuries are a major form of medical malpractice. Understanding the process involved in proving these claims can help clients better evaluate their claims.

A birth injury occurs when a doctor or other medical professional is at fault for an injury that occurs at the time of delivery. When a birth injury occurs, it can cause extensive damage that will last for the child’s lifetime. If the care that a doctor provides at the time of the infant’s birth is less than adequate, then parents may be able to file a claim for medical malpractice. Some common mistakes made by medical practitioners are failing to perform standard tests that would reveal conditions, ignoring birth complications, the improper use of medical equipment, rushing the child’s delivery, or failing to check the fetus for signs of distress during the delivery process.

Birth injuries caused by the aforementioned forms of negligence can result in a number of conditions. Chief among them are cerebral palsy, erb’s palsy, fractures, facial paralysis, cephalohematoma, subconjunctival hemorrhage, and caput succedaneum. All of these conditions can have serious and even long-term effects on an infant.

There are several different elements that must be present in order for you to prove medical malpractice in a birth injury. The plaintiff must establish a duty of care, demonstrate that a breach of this duty occurred, prove that the child suffered a birth injury and show that without the negligent care, the infant would not have suffered the birth injury. Establishing a duty of care is often one of the easiest steps to proving malpractice because if a doctor-patient relationship exists, then this condition can easily be met. If, however, the doctor in question did not provide care or treatment before the birth, then this may be difficult to establish. A breach of duty occurs when the doctor does not comply with the duty of care. That is, he or she did not provide professional, reasonable care to you and your child. Next, it must be proven that the breach of duty actually caused an injury to the child. Once this has been established, the final thing the plaintiff needs to prove is that the doctor’s negligence caused the injury and not some other factor. A doctor may claim that the injury is a result of a genetic condition or as the result of the mother’s actions before birth.

If you believe that medical negligence is the cause of your child’s birth injury, you should contact a medical malpractice attorney. A medical malpractice attorney can review your case to determine its validity.

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.

Forming a business entity is a complex task. Paying attention to intellectual property issues while doing so should be of high importance to entrepreneurs.

Deciding to form a business can be a daunting task, as there are a multitude of rules and regulations that must be adhered to. Intellectual property rights are a crucial aspect of business formation that many entrepreneurs tend to overlook.

In order to ensure the safety of an organization’s intellectual property, it is important to consider its rights in the following areas:

• Trademarks: A company’s trademark is its brand and its property. Organizations must select a trademark that can be registered as a Federal Trademark before introducing a new service or product into the marketplace. It is important to have legal counsel that can assist the organization with trademark research and development, prosecution, and protection.
• Copyrights: Copyright gives authors and other creators a variety of rights in each work they create. While most people believe that copyright law is meant to protect the work of artist, poets and singer, copyright law has a place in the business world where creativity is becoming increasingly important. As such, there are important creative components of a business that need to be protected, such as advertising, solicitation letters or emails, instruction manuals, sales brochures, pictures, photographs, paintings, graphical images, web site designs, computer software, music, and sound recordings.
• Trade Secrets: A trade secret can be the most valuable asset a business has. Trade secrets are pieces of proprietary or confidential information used in a business. Importantly, trade secrets must have some commercial value or must provide the business with a competitive edge. An easy way to establish trade secrets is to establish non-disclosure agreements and confidentiality agreements. An attorney familiar with intellectual property law can provide guidance on the creation of these important documents.
• Licensing: Intellectual property, if it is valuable, can be licensed. An organization may be required to play the role of licensee, in which it utilizes the material of others; or licensor, in which it allows others to utilize their protected content. An attorney familiar with intellectual property law can help a business with the requirements to get a license and comply with all laws and regulations after receiving it.

Attorneys at Webb & D’Orazio have over 50 years experience handling cases that involve these components and can assist entrepreneurs with all intellectual property issues that arise during the formation of a new business entity.

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.

Georgia parents may be able to pursue a wrongful death claim in the event of the death of their unborn child. If the death of the fetus is the result of an accident or negligence and is determined to be “quick,” parents may file a claim.

Many parents often wonder whether a wrongful death claim can be pursued in the event of the death of their unborn child. This question comes up when the fetus dies because the mother is killed in an accident, or the mother survives the accident or remains unharmed while the fetus sustains injuries which eventually lead to its death, in utero or during delivery.

In Georgia, parents may sue for the wrongful death of their unborn child if the fetus is determined to be “quick.” Under Georgia law, a fetus is “quick” when it has reached the stage of development where the mother is able to feel, or was able to feel, the fetus moving in her womb. This designation is much different from the manner in which other states determine if a claim is possible. Many states require the plaintiff to prove that the fetus was viable at the time of the mother’s death or at the time that the fetus sustained fatal injuries. In most cases, this stage occurs when the fetus is able to live outside of the mother’s body on its own or with the help of technology. In most cases, this occurs at around 24 weeks gestation. “Quickening,” on the other hand, can occur much sooner, at any time between ten weeks and four months. As such, Georgia law allows for the possibility of wrongful death claims at a much earlier stage in the pregnancy.

While Georgia law allows for the pursuit of a wrongful death claim based on “quickening,” this concept is not always easily understood. “Quickening” may be a confusing concept to some because it is not based on any actual movement by the fetus. Instead it is based on movement which is felt by the mother. As such, quickening can be difficult to prove, as detection of a fetal heartbeat or movement seen on a sonogram is not enough to establish that a fetus is “quick.” There must be strong evidence that the mother has actually felt or could feel the baby move in her womb.

If your fetus has died because of another party’s negligence or malpractice, you may be able to pursue a wrongful death action. Contact a lawyer who specializes in personal injury who can discuss with you the legal rights of your claim.

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.