Legal Updates

Wayne Grant – GA Personal Injury and Board Certified Medical Malpractice Attorney

Truck accidents: Did you know that federal regulations govern carrier’s responsibilities in hiring truck drivers? A trucking company that hires a driver that they should have recognized as incompetent at the time of application for employment can be held liable on a theory of ’negligent hiring’. Whether or not a trucking company was negligent in hiring or retaining a careless driver should be investigated in any serious case.

Wayne Grant – GA Personal Injury and Board Certified Medical Malpractice Attorney

I am preparing this week for a mediation session for a case that we are handling in Seattle. Mediation is a way of attempting to resolve a case without going to court. In mediation, the parties and their lawyers all appear before a neutral mediator, usually an attorney and try to reach agreement.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “Can I Afford a Lawyer?” http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury and Board Certified Medical Malpractice Attorney

I’ve often been asked the question “can I afford a lawyer?” In a case involving serious issues, such as a medical malpractice case or a case involving permanent life-long injury, people are often intimidated by the prospect of hiring a lawyer. Knowing that these cases obviously can take years, which entails hundreds, if not thousands of hours. Paying a lawyer on an hourly basis to take on such a case is prohibative for most people. The answer to the question “can I afford a lawyer?” is YES!

At my law office, we take these cases on a contingent fee basis. We screen and evaluate carefully, and we don’t accept all of the cases that we are approached with. If the case has merit, and if the case justifies pursuit, then we will handle it on a contingent fee basis; that is, the attorney fee is figured as a percentage of the recovery, and is paid at the time of the recovery. If there is no recovery, there is no attorney fee. In addition, we do not charge for an initial consultation. If we decide that your case has merit and justifies pursuit, we will partner with you, and take on the risks of handling your case. We will put in our time, our effort and our resources in an effort to try to successfully conclude your case; and bring you not only closure, but adequate compensation for future injury.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “How to Avoid Being Medically Misdiagnosed”. http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury and Medical Malpractice Attorney

Each year more than 100,000 deaths occur as a result of medical errors. A big part of that problem is medical misdiagnosis. How can you try to avoid being misdiagnosed? Here are a few tips:

1. Write it all down. When you go to the doctor, you’re often asked to give your medical history. Your medical history is your health story. It is usually what prompts you to seek out medical care or treatment. Before you ever get to the doctor, particularly if your history is somewhat complicated, write it out. Know exactly what information you are going to disclose.
2. Be specific. The more specific you can be, the better off you will be, because your doctor will be able to make an informed decision when trying to arrive at the correct diagnosis.
   • For example, if you have pain, be specific when you describe the pain. Is it local or generalized? Is it severe? Is it mild? Is it moderate? Talk about the timing of your pain. Is it intermittent or is it constant? Are there modifiers? Are there things that make your pain worse or better? (i.e. changes in position. Time of day)
3. Give your full history. If you have had any testing, you should know when your tests were performed, what tests were performed and what the test results were. Preferably, you should get copies of your test results, particularly if you’re going to see a new doctor.
4. Tell your ‘in-depth’ history to the doctor. Usually when you visit the doctor, you will initially speak to a nurse, medical assistant or physician assistant. Don’t assume that person will be able to relay all of the information that you provided to them to the doctor. First, they may not be able to write it all down. You may have spoken to quickly for them. Secondly, they are not as qualified as the medical doctor to recognize the significance of a particular aspect of your history. Do your best to relay your in-depth history to the doctor, rather than to the person you see at the beginning of the visit.

Note: If you do these few things, you’ll go a long way towards lessening your chances of being misdiagnosed.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “What Happens When the Media Fails to Protect Confidential Sources”. http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury, Medical Malpractice and Media Violations Attorney

Let me tell you a little story. I represented a career federal air marshal, who became aware of practices and procedures by the government that he believed posed a threat of danger to the flying public. He agreed to specifically speak out and be interviewed on a national news broadcast, because he thought that shedding some light on these practices and procedures might result in some change. And, it did.

In time, those practices and policies were eliminated, but what happened when the media company breached its promise to protect his identity? Well… he was fired! A twenty-year career went down the drain, and along with it, he suffered financial harm. He was unemployed for a period of time, and then ultimately was unable to get a comparable job in his field, as you might expect.

This note is about an instance where a media company breaches a promise of confidentiality. This particular situation involves a case where the media company agreed to protect the identity of a confidential source, and failed to do so. Why would someone speak out as a confidential source on a media story, usually because that person, by virtue of his or her position, becomes aware of conduct, practices, or procedures that are wrong and may endanger the public.

When a media company breaches a promise to protect a confidential source, they are responsible for all the harm that may result, as they well should be. They are getting a news-worthy story; a story that sells. Whether it is about public corruption, or dangers posed to the public, the people who speak out under those circumstances are heroes. They are not speaking out because they want fame or notoriety, to the contrary they want confidentiality, they want anonymity. Confidential sources are usually speaking out in the interest of public safety. Thus, their safety must come first, and the promises to safeguard their identity must be enforced.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “Juries Have the Right to Decide What is Right and What is Not”. http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury and Medical Malpractice Attorney

There’s been a lot of talk about limiting jury award in medical malpractice cases. In my view that’s just wrong! In our country, we are built upon the principle “we the people”. We the people have certain strong and fundamental rights. We have the right to express our voice at the ballot box; we also have the right to express our voice in the jury box.

At the ballot box, we don’t want big government telling us who we can vote for or restricting us in any fashion; telling us for example, that we have to vote republican or that we have to vote democratic that wouldn’t be right. We also don’t want big government telling us how to decide in the jury box. People that sit on juries are people just like you, and they sit collectively with other members of the community. They listen to evidence over a period of time, and then they deliberate. They discuss and then they come to a conclusion. Collectively juries have incredible wisdom! They know what’s fair, they know what’s right and they know what’s wrong, therefore jurors shouldn’t be told how to decide a given case.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “What is the Best Way to Choose a Lawyer?”. http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury and Medical Malpractice Attorney

What is the best way to choose a lawyer? In a serious case, such as a death case resulting from medical malpractice or automobile negligence, often time family members feel pressured to act quickly and they forget some of the basics. The worst that you can do in this scenario is rush into a relationship with a lawyer that may not be a good fit for you.

There are two key factors that I think anyone in that situation should look at.

The first factor is, experience; make sure that the lawyer that you hire has experience in the very area in which you need representation. That sounds basic but it’s important. You wouldn’t hire a cardiac surgeon who’d never done surgery before to do your particular surgery. Well this is important, too. You have to take into consideration that you may be addressing, for example in a death case, life long economic needs.

The second factor to consider is comfort level; you’ve got to be comfortable with a lawyer that you hire, ultimately, because this is not a short term relationship. A serious case could take a year or years until conclusion, and so you’ve got to have a gut instinct, a trust or chemistry with this lawyer. If you don’t have trust and chemistry, don’t hire that lawyer! Use your instincts. If you take into consideration these two crucial factors in deciding who to hire to represent you or your family, you’ll be much better off.

This blog is a summary of the VLOG (Video Blog) located in the Wayne Grant video library titled “How to Help Your Lawyer Win Your Case”. http://www.waynegrant.com/video-library.html.

Wayne Grant – GA Personal Injury and Medical Malpractice Attorney

What’s the best thing that you can do to help your lawyer win your case? If you think you’ve been the victim of a medical mistake, or received injuries or a family member has received injuries in an automobile or truck collision, get out the pad, gather information and document everything.

In those first days it is crucial for you to write down everything that you learned and do it objectively. This is not the time to be subjective and write down your own feelings. This is not that type of journal. This is a journal designed to be of assistance to your lawyer so that, for example, in the context of a medical malpractice case, you may speak to a compassionate nurse who tells you that there’s been an equipment malfunction, or who tells you that somebody didn’t do what they should have done. In an automobile case, you may come across a witness whose name doesn’t ultimately appear in the accident report generated by the policeman. That witness may have crucial information to help your lawyer win the case, when liability is contested.

So, first and foremost, if you think you’ve been a victim, after taking care of family and immediate concerns, get out the pad and start documenting everything! Your lawyer will thank you for it.

On Friday, December 19, 2008, a walkway being built to give visitors an elevated view of the Atlanta Botanical Gardens turned into a disaster zone when it suddenly collapsed, sending workers plummeting as much as 40 feet to the ground below. One worker was killed Friday morning and at least 18 others injured, some critically according to published reports. Reports indicate that several people suffered injuries, including spinal injuries, that may result in life-long consequences.

Safety rules designed to prevent this type of tragedy exist. For example, architects and engineers are required to design structures such as bridges to standards that do not unnecessarily endanger workers, and ultimately, men, women and children who may walk across the bridge. In addition, the construction materials used to build the bridge must be able to withstand the weight and stresses placed on the bridge, both during and after the completion of construction. Workers from different companies must adhere to safety policies designed to prevent injuries to other workers.

The safety of the public is paramount and safety rules must be followed to make sure that innocent people are not endangered or harmed. Hopefully, the results of the investigation being conducted will answer the question of how this tragedy could have been avoided. Under our system of justice, those who through negligence or carelessness cause harms and losses should be held fully accountable. Our system is designed to make sure that the responsibility for such losses, including medical expenses and other damages, is not unfairly placed upon an injured individual, his health insurance company or the state. A failure to impose accountability encourages carelessness and lack of safety – something that cannot be tolerated.

Personally submitted by civil justice attorney Wayne Grant, recognized by his peers in Atlanta Magazine as a Georgia Super Lawyer.

The amount of medical information available on the Internet is mindboggling, if not mind-numbing! Once you wade into these cyber waters, it is often easy to feel more confused than assisted by the glut of articles, advertising and medical reports.

Here is a selection of the top medical sites with a short summary describing the content. There is a lot of quality health information on the Web, but finding it amongst the quackery can be a chore. Luckily many weaker players have fallen by the wayside, and more and more academic, government and research institutions are uploading their information onto the Internet!!

American Cancer Society
http://www.cancer.org/
The site is updated with latest news about cancer research, treatments and resources and is the nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer…

American Heart Association
http://www.americanheart.org/
The site is uploaded with vast information about the cardio diseases. The organization aims to build healthier lives, free of cardiovascular diseases and stroke…

Mayo Clinic
http://www.mayoclinic.com/
The website is the A-to-Z dictionary of diseases and conditions or selects more in-depth information that explores treatment options and disease management…

Food & Drug Administration
http://www.fda.gov/
The one reason to check out this site is to get safety alerts and recalls with updated info on drugs, medical devices, vaccines and blood products and government actions…

Center Watch
http://www.centerwatch.com/
The online information site provides information about clinical research, including over 25,000 clinical trial listings . . .

Best Doctors
http://www.bestdoctors.com/
The idea behind this site is simple- find the best doctors and provide the best content on a site that others can access free of charge…

HealthAtoZ.com
http://www.healthatoz.com/
This is the kind of site that contains so much information that there’s little chance you won’t find what you’re looking for…

Healthfinder
http://www.healthfinder.gov/
This government portal opens the world of Internet medicine. Whether it’s through tools such as libraries, online journals, or medical dictionaries or hot topics that might interest you, this site delivers quickly and with reliability…

InteliHealth
http://www.intelihealth.com/
It’s important for a portal to “have it all.” Whether it’s drug information, a medical dictionary, or a rundown on a long list of diseases and conditions…

National Institutes of Health
http://www.nih.gov/
This is arguably the leading collection of health research institutes in the world. Whether the topic is allergy and infectious disease or cancer, this is your gateway to health information…

National Library of Medicine
http://www.nlm.nih.gov/
This is the best electronic medical library in the world. It gives you access to the most important research and links to thousands of sites, sending you around the globe for the best information in a matter of seconds…

WebMD
http://www.webmd.com/
One of the most heavily marketed portals on the Net, this site stands up to most of the hype. It’s nicely divided for different audiences, ranging from patients and doctors to physician assistants to health teachers…

Healthline
http://www.healthline.com/
The site provides fastest and easiest way to find consistently excellent health information on the Web…

Medscape
http://www.medscape.com/
The website offers specialists, primary care physicians, and other health professionals the Web’s most robust and integrated medical information and educational tools…

TheHeart.org
http://www.theheart.org/
The heart.org provides information on caring for people with disorders of the heart and circulation, and on preventing such disorders…

Emedicine / IMedicine
http://www.emedicine.com/ http://www.imedicine.com/
The website comprises the largest and most current Clinical Knowledge Base available to physicians and other healthcare professionals…

Medline Plus
http://www.nlm.nih.gov/medlineplus/
The site will direct you to information to help answer health questions. Medline Plus brings together authoritative information from NLM, the National Institutes of Health (NIH), and other government agencies and health-related organizations…

MediLexicon
http://www.medilexicon.org/
MediLexicon International Ltd. is a leading Internet publisher of health and medical news and medical information…

AMA
http://www.ama-assn.org/
The website promotes the art and science of medicine and the betterment of public health…

Medical Breakthroughs
http://www.ivanhoe.com/
The country’s largest news-gathering website that covers medical breakthroughs, family health and issues important to women…

Reutershealth.com
http://www.reutershealth.com/
Reuters Health (RH) is the world’s leading provider of medical and healthcare news…