Month: September 2008

What Warning Labels Really Mean

Posted by on September 18, 2008

Warning labels are on products for a good reason. Unfortunately many people don’t read them, and in some cases they’re not adequate.

There are a lot of funny warning labels on the Internet, including one that said something like “Don’t operate hairdryer while having a shower.” Or one of the better ones floating around says about a mattress – “Warning: do not attempt to swallow.”

It’s hard to imagine anyone trying to swallow a mattress. However, the fact that the warning label states that it shouldn’t be attempted indicates the manufacturers are trying to make sure they don’t get sued for the eventuality. That’s the main reason for warning labels – to avoid lawsuits if something goes wrong with the product.

Most often people associate warning labels and lawsuits in the same sentence when they’re taking medications. It’s quite common that many drugs do have side effects; some so serious they may even cause death. The US courts are quite busy with dangerous product lawsuits relating to drugs that harm.

A warning label is supposed to tell consumers there may be a problem with the product. Some might sound highly ridiculous and pretty obvious, like the one on pepper spray that states, “Don’t spray in your own eyes.” If those warnings weren’t there, and something bad happened, anyone could sue the company for selling a defective product.

It’s the 1994 Safety Regulations that are in effect for most new and used products such as vehicles, medicines, clothing, pesticides, DIY tools and household goods etc. The rules say that the manufacturers must provide safe products for normal and “unusual, but predictable applications.”

The definition of predictable applications is sometimes difficult to define. For instance, taking a shower while using a blow dryer, not that usual and not a highly predictable activity – yet someone obviously tried it.

If a product just doesn’t work and doesn’t hurt anyone, then it’s not defective. It should be taken back to the manufacturer, but if it’s not dangerous it doesn’t qualify for a defective product lawsuit.

If a person thinks they may have grounds for a defective product lawsuit, they should contact a competent attorney with experience in this area. S/he will assess the merits of the potential case and provide advice on how to proceed.

To learn more visit http://www.ozcomert.com.

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

Dental Malpractice Lawsuits Aren’t Usual, But They Do Happen

Posted by on September 18, 2008

It’s a little known fact that dentists may be sued for dental malpractice.

In fact, dental malpractice is just as serious as medical malpractice (medmal). This is why most dentists carry malpractice insurance.

Dental malpractice suits generally have smaller damage awards than for medmal. When they happen, they’re usually the result of the dentist not having detected or diagnosed certain conditions.

Injuries may include death related to anesthetic use, injuries relating to dental surgery, failure to notice oral cancer or other diseases of the mouth, nerve damage and injuries to the tongue, jaw or lips.

At the root of these cases is the reasonable expectation that the patient has to get a professional, accurate diagnosis and the correct treatment for it. The same goes when visiting a family physician. This doesn’t apply to every thing a dentist does, buy may apply to cases where injuries are severe and/or permanent.

The worst-case scenario would be the death of a dental patient due to the improper use of anesthesia. Infections occurring in the jaw or tooth sockets may also be quite devastating. Losing sensation or taste, having trouble talking, eating or swallowing may also be considered as injuries serious enough to launch a dental malpractice suit.

Even seemingly routine procedures may cause problems, such as a tooth extraction, particularly if the wrong tooth is removed, or if the patient is taking Fosamax (or any other bone metabolism regulator). The Fosamax may cause a condition called Dead Jaw.

If the dentist doesn’t spot periodontal disease or oral cancer, or does something not authorized or given consent for, they may also face a malpractice lawsuit.

If a dental patient feels they may have a potential malpractice suit, take the time to talk to a qualified attorney who can take a look at the situation. S/he will be able to assess if there is enough cause to file a dental malpractice lawsuit.

To learn more visit http://www.ozcomert.com.

The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

It’s a little known fact that dentists may be sued for dental malpractice.

Posted by on September 18, 2008

It’s not often you think of suing your dentist, but it does happen. In fact, dental malpractice is just as serious as medical malpractice (medmal). This is why most dentists carry malpractice insurance.

Dental malpractice suits generally have smaller damage awards than for medmal. When they happen, they’re generally the result of the dentist not having detected or diagnosed certain conditions.

Injuries may include death related to anesthetic use, injuries relating to dental surgery, failure to notice oral cancer or other diseases of the mouth, nerve damage and injuries to the tongue, jaw or lips.

At the root of these cases is the reasonable expectation that the patient has to receive a professional, accurate diagnosis and the correct treatment for it. The same observation may be made when you visit your family physician. This doesn’t apply to every thing a dentist does, buy may apply to cases where injuries are severe and/or permanent.

The worst-case scenario would be the death of a dental patient due to the improper use of anesthesia. Infections occurring in the jaw or tooth sockets may also be quite devastating. Losing sensation or taste, having trouble talking, eating or swallowing also rank right up there as injuries that may merit a dental malpractice suit.

Even seemingly routine procedures may cause problems, such as a tooth extraction, particularly if the wrong tooth is removed, or if the patient is taking Fosamax (or any other bone metabolism regulator). The Fosamax may cause a condition called Dead Jaw.

If the dentist doesn’t spot periodontal disease or oral cancer, or does something you didn’t authorize or give consent for, they may also face a dental malpractice lawsuit.

If you’re not sure that you have a dental malpractice suit on your hands, then take the time to talk to a qualified attorney who will look at the situation. S/he will be able to tell you if you have enough cause to file a dental malpractice lawsuit.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit http://www.ozcomert.com.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney

Read The Label For Warnings

Posted by on September 18, 2008

Warning labels are on products for a good reason. Problem is a lot of people don’t read them, and in some cases they’re not adequate.

You may remember at one point reading a funny warning label that said something like “Don’t operate hairdryer while having a shower.” Or one of the better ones floating around on the Internet says of the product – a mattress no less – “Warning: do not attempt to swallow.”

While it’s hard to imagine anyone trying to swallow a mattress, the fact that the warning label states that indicates the manufacturers are trying to make sure they don’t get sued for the eventuality. That’s the main reason for warning labels – to avoid lawsuits if something goes wrong with the product.

Most often people associate warning labels and lawsuits together in the same sentence when they’re taking medications. It’s quite common that many drugs do have side effects; some so serious they may even cause death. The US courts are quite busy with dangerous product lawsuits relating to drugs that harm.

The general idea of having a warning label in the first place, is to tell consumers there may be a problem with the product. You might think they’re really ridiculous, like the one on pepper spray that states, “Don’t spray in your own eyes.” Think about this though, if those warnings weren’t there, and something bad happened, you could sue the company for selling a defective product.

It’s the 1994 Safety Regulations that are in effect for most new and used products such as vehicles, medicines, clothing, pesticides, DIY tools and household goods etc. The rules say that the manufacturers must provide safe products for normal and “unusual, but predictable applications.” The definition of predictable applications is sometimes difficult to define though.

If a product just doesn’t work and doesn’t hurt anyone, then it’s not defective. It should be taken back to the manufacturer, but if it’s not dangerous, it doesn’t qualify for a defective product lawsuit. If you have any questions about this area of law, contact a competent attorney who has experience in this area. S/he will assess the merits of your potential case and provide you with advice on how to proceed.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit http://www.ozcomert.com.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney