Month: January 2011

Medical malpractice cases are defined by the presence of negligence. Without it, there is no case.

“Most people think of medical malpractice as something a doctor does; negligence in treating a patient. However, medical malpractice may also refer to any health care professional, and that includes dentists, nurses, druggists, technicians, therapists, hospitals and clinics. Medical malpractice is not particular about where it happens. If there is negligence involved, the negligent person is responsible for those injuries,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia.

The most important thing to remember is that without negligence, there is no medical malpractice case. This is why many lawyers who handle medical malpractice cases make sure to inform their clients that not every bad result someone gets as the result of medical treatment is classified as medical malpractice.

While many people think that when something goes wrong medically, it was because the doctor or other medical professional did something wrong, the fact is that bad things sometimes happen. For instance, if an organ transplant recipient’s body rejects the organ, this is not usually the result of medical malpractice, provided everything else was done according to accepted standards and procedures.

There are also cases where a person’s body, for whatever reasons, reacts badly to a drug. All things being equal, if the doctor and the patient did not know the drug would cause the reaction it did, it may not be medical malpractice. It may be a case of a bad outcome that happened despite the patient getting the proper care. This is why, when dealing with a suspected case of medical malpractice, it is best to speak to a qualified and experienced Atlanta personal injury lawyer.

“Negligence is determined by judging the health care professional, as compared to their peers in the same area of practice. In other words, the widely accepted standard of best practice in that field in the care of a patient. Medical negligence is also determined by whether or not there is a direct connection between the injury and the healthcare professional’s supposed negligence,” Webb said.

Damages also play a large part in medical malpractice lawsuits. They may include medical bills, lost income and things such as pain and suffering. Patients who have a valid med mal claim also need to get their medical records quickly, before any alterations may be made to them. “Another large part of presenting a med mal case is the necessity for a medical expert, a witness who is willing to state that the medical mistake in question was negligent,” Webb said.

For this reason and others, medical malpractice claims take a long time to settle and are fairly expensive; both issues worth dealing with if justice is rendered in the final analysis.

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

If you want to save money settling a business dispute, think creatively. Try alternative dispute resolution procedures.

These days, not everyone wants to get into potentially expensive litigation to settle a business disagreement. Many companies and organizations would prefer to do some thinking outside the box and try to get to the bottom of the disagreement, finding a way to deal with it first before hitting a courtroom. Alternative dispute resolution is becoming a very popular solution in today’s economy.

Depending on the environment and the people involved in the dispute in the first place, an arbitrator or mediator may do the trick. Mediators are neutral third parties whose aim is to reconcile the differences between two parties before they head to arbitration or litigation. On the other hand, arbitrators actually hear evidence and then decide the case. Their decision may be non-binding or binding, depending on what the parties to the dispute want to accomplish.

Either route taken does stand the chance, if not successful, of winding up in court. To this end, some parties like to hire a facilitator before starting anything. The reason for this is that the facilitator’s skills lie in making communications between the two groups better. Often, if the dispute is the result of a misunderstanding or miscommunication, the facilitator can get the train back on the tracks and re-establish respectful mutual communication.

For any of these processes, you will want someone who is objective and unbiased, without a hidden agenda and one that does not come to the table with statements already prepared. That’s never a good sign. The person chosen to hopefully settle the dispute also needs to have an abundance of tact, the ability to listen in neutral mode and be sensitive to the nuances of the group they are assisting. If that person also happens to be a lawyer, so much the better. Many business lawyers these days have this kind of training in addition to being a seasoned Atlanta business lawyer.

Most noncriminal disputes have a good chance at being resolved in mediation, more so if they involve leases, small business ownership issues, employment and contracts. Harassment claims are generally successfully resolved in this kind of venue as well.

Arbitration usually involves the arbitrator being judge and jury rolled into one, with the end result that they render a decision when the process is concluded. In other words, arbitration is much like going to court. Many arbitrators are lawyers, have legal experience or a legal education.

All in all, there are many alternative processes that may be used today to settle business disputes. When in doubt, speak to an Atlanta business lawyer.

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.

Just because laws exist to protect people, does not mean every accident may be taken to court.

Many states, including Georgia, have civil law statutes that protect individuals injured as a result of someone else’s negligence in a car accident or hurt as a result of someone’s failure to act to remedy a dangerous situation on their premises.

“Just because there are laws on the books that protect people in certain situations, does not automatically mean the situation they find themselves in will come under the umbrella of that particular law. It is only through consulting with an experienced lawyer that people will be able to understand what their rights are, how a case is put together and what they may expect, if they have a case and it goes to court,” said Robert Webb, an Atlanta personal injury lawyer with Webb & D’Orazio in Georgia.

Car wrecks are the leading personal injury cases that injury lawyers deal with frequently. It is not hard to guess why that happens to be the case, as those involved in a wreck are often quite seriously hurt by another’s negligence.

The laws in most states are designed to see to it that the victim(s) are able to pay medical bills and deal with the financial fallout of repairing or replacing their vehicle. This sounds idyllic in theory, but the fly in the ointment is the insurance company.

An insurance company’s sole reason for being is to make money insuring others. To that end, because they take the risks, they want to keep their bottom dollar paid out as low as possible. This means people involved in car wrecks often find themselves in the midst of a dispute over the seriousness of their injuries. This is where a personal injury lawyer makes a difference to their claims.

Insurance companies wanting to diminish or deny accident injury claims is nothing new. However, when someone has been injured, they expect they will get good treatment from their insurer. “That isn’t always the case, and in fact, without a lawyer on your side, sticking up for you and your ‘legal’ rights, you may just get run over and short-changed,” Webb said.

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

If you are charged with a DUI in Georgia, hire a skilled Atlanta criminal defense lawyer. You will need one.

It’s pretty much a no-brainer that people should not be driving a lethal weapon while under the influence of drugs or alcohol. Nevertheless, they do it anyhow. In most states, and certainly in Georgia, it is a punishable offense, with the punishment hinging on the severity of the offense and the driver’s condition when charged.

If arrested for DUI in Georgia, you will face a court hearing and depending on the nature of any injuries or damages involved, you may face a fine, a jail term or both. Your driver’s license may also be suspended and you may be ordered to attend court-appointed counseling.

While there are cases where there is no harm done to another, you might not think it is any big deal, especially if everyone is OK. Don’t even think for one minute that it is OK, because even if no one is hurt, you may still be punished based on your blood alcohol content, your condition and your behavior when arrested. For this reason, do not – and this bears repeating, do not – talk to the police when you are arrested, or even before you are arrested.

Do not get into why you were out drinking and driving, what speed you were or were not doing, how you feel or anything else. Be quiet and call an Atlanta criminal defense lawyer as soon as you can. Anything you have to say can be said to the lawyer. Anything you say that isn’t said to your lawyer has a mean way of coming back to bite you later. Remain silent until you get counsel, otherwise you could mess up your case.

Georgia has an involved process for DUI charges that mean a hearing session, appearing before a judge, a preliminary hearing, a pre-trial conference and criminal proceedings. Those criminal proceedings may mean charges of DUI felony. There is no way you can choose to represent yourself through this legal maze, which is why you will need a skilled Atlanta criminal defense lawyer.

Do not opt out of hiring legal counsel because you want to save money, because by the time you are done in the court process, without counsel, you will be paying out a large sum of money. Better you have the DUI criminal defense lawyer in your corner, who may be able to reduce charges or mitigate the whole case and get it tossed out. An experienced DUI lawyer is worth his weight in gold.

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.