Month: May 2010

All parents do their best to protect their children from harm, but sometimes another person’s negligence can lead to traumatic injuries that can significantly alter a child’s life. Head injuries pose a significant threat to children.

When it comes to head injuries, children present a special concern, because they are more prone to falling due to a lack of developed motor skills, are unaware of many of the everyday dangers around them and are dependent on others to care for them responsibly.

Because children are more fragile than adults, a head injury can actually take longer to recover from and can cause more devastating long-term side effects. Perhaps the greatest risk of a child head injury stems from auto accidents; however, there are many other ways that children can sustain head injuries that may lead to traumatic brain injuries. A child might sustain a head injury in: a child pedestrian accident, a bicycle accident, a slip and fall, a swimming pool or diving board accident, and as a result of sports or other related activities.

The effects of a child head injury can be mild to severe, depending on the level of trauma involved in the accident. After a head injury, children can suffer memory loss, speech impairments, learning disabilities, headaches, and even depression. A head injury can even impair a child’s natural development, which may affect his or her ability to live independently as an adult. The medical costs associated with such an injury can be overwhelming.

If a child’s head injury is sustained due to the negligence of another, be it an individual, manufacturer or organization, then it is possible to make a claim for personal injury. A head injury in children can be the fault of a school, the improper supervision of a child care facility, or even a hazard that was not properly taken care of from a property owner.

Head injuries can have serious consequences for children. It’s important for parents to be aware of the long-term costs associated with their child’s brain injury and have knowledge of what legal recourse is available in order to secure the funds necessary to give their child the type and level of medical care they need.

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

Many automobile accidents in Atlanta often involve minors or college students who are driving their parents’ cars. When an accident like this occurs, there is always the question of whether or not the parents of the child involved can be liable for the damages caused in the accident.

Under Georgia law, a parent or parents can be held liable for damages in an accident involving their child if the vehicle involved can be classified as a “family purpose vehicle.” Under the family purpose doctrine, if an automobile is maintained by the owner for the express purpose of his of her family’s convenience, the owner is then liable for any negligence on the part of his or her family that leads to an accident.

Once an accident involving a minor occurs, the courts will look at four criteria to determine whether or not the family purpose doctrine applies to the case in question:

1. The parent must own or have an interest in or control over the automobile;
2. The vehicle owner must have made the automobile available for family use;
3. The driver must be a member of the owner’s immediate household; and
4. The vehicle must be driven with the permission or acquiescence of the owner.

Generally, if the child lives with his or her parents, the parents provide a vehicle for the child for his or her use, the parents have control over the vehicle, and the child lives in the parents’ immediate household, then the parents will likely be held responsible for accidents the child has. They will, therefore, be responsible for any injuries and damages caused in the accident. However, if any of the aforementioned criteria are not met, then there is no parent liability, and the minor will be the only responsible party for the damages caused in the accident.

If you have been injured in a car accident, you should consult with an attorney so that you can recover damages for the injuries you have suffered. Sometimes the only way to recover damages is if the parents are proper parties to the claim or lawsuit. Experienced personal injury attorneys can help you determine whether or not the family purpose doctrine applies to your case and can help you get the compensation you deserve.

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.

An error in a patient’s prescription medication could have catastrophic health effects, and patients should be aware of their rights. Pharmacists have a duty to provide patients with the proper medication and dosage.

The Georgia Board of Pharmacy regulates the activities that go on in Atlanta pharmacies. As such, they are responsible for outlining the proper practices of pharmacists. Pharmacists in Georgia are trained as to the proper dosage of drugs, and use the same texts and references as doctors when they are filling prescriptions. These important references clearly cover potential drug interactions, side effects and warnings for each drug. Therefore, Georgia pharmacists have all of the necessary references and knowledge available to them in order to properly fill prescriptions and serve their patients.

A pharmacist is thus responsible for interpreting prescriptions and consulting with the prescribing doctor if there is any doubt as to the prescription. Potential sources of doubt include: not being certain about which medication is being prescribed, what the dosage is and how it is to be applied. If any doubt exists, it should be resolved by the pharmacist contacting the doctor to make certain of this information.

A pharmacist’s failure to comply with this important duty to interpret prescriptions accurately is what leads to most prescription misfills and other related malpractice claims. When a prescription is filled incorrectly due to misinterpretation of the prescription, the pharmacist generally is at fault because he or she is the last person to check the prescription before the patient gets it.

While it is the pharmacists primary responsibility to make sure that prescriptions get filled properly, pharmaceutical errors can be reduced if patients are careful and take precautions. Here are several things you can do in order to reduce prescription errors:

• Carefully read your prescription before leaving the doctor’s office and making sure the writing is easy to read.

• Ask the doctor verbally about the drug and dosage schedule and then compare that information with what is written on the prescription form.

• Ask the pharmacist to read the prescription aloud before filling the prescription.

• Carefully read the label on the prescription bottle once it is filled to make sure it reflects what your doctor prescribed.

• Ask the pharmacist to open the prescription bottle and confirm the medication inside is the kind and correct dosage of medication you were to receive.

• Take the opportunity to ask the pharmacist about any new medication and clarify any potential interactions with other drugs you take.

Claims against a pharmacist or pharmacy can be complicated due to their specialized nature. That is why it is important to hire an experienced medical malpractice attorney to tackle these complex legal issues.

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.