Month: February 2009

Deadly Jackknife Action

Posted by on February 24, 2009

Cars and big rigs just don’t mix all that well on the highways. Poor weather and road conditions added into the high speeds on the road also create situations where a big rig may jackknife.

Jackknife situations can have several outcomes, many of them resulting in injury to the driver, the rig and to other people who happened to be near the truck when things went awry. In situations like this it is very difficult to find out who is responsible for the accident. This is why anyone involved in a scenario like this needs to contact an experienced big rig attorney, like Georgia super lawyer, Stephen Ozcomert of Atlanta.

“A jackknife means the back end of the rig whips around towards the truck cab, and the driver has no control over it. It becomes a huge steel projectile traveling down the road at highway speeds,” explained Ozcomert. This means that anything in its path, from trees to guardrails and ramps to other vehicles, has the potential to suffer serious damages.

While this may not happen every day, it does happen often enough that there are many lawyers who specialize in this area of law. “This kind of an accident can happen in the blink of an eye, and there isn’t much time to get out of the way,” said Ozcomert. Add to this mix an overloaded truck whose driver is over-tired and you have a recipe for disaster.

This is particularly the case when the big rigs are travelling at highway speeds.

In most instances weather may be cited as the cause of a jackknife, but there are other reasons such as inattention, talking on a cell phone, overly aggressive driving to make a deadline, and improper maintenance of the rig or its tires. “It’s the little things that all add up to make an accident looking for a place to happen,” outlined Ozcomert.

With so many things that can and do go wrong resulting in a serious or deadly outcome, it only makes sense to deal with an experienced big rig attorney, like Georgia super lawyer, Stephen Ozcomert of Atlanta. “I go to work right away to collect the evidence needed to make a court case. Time is of the essence in cases like this,” added Ozcomert.

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

The Do No Harm Ethic

Posted by on February 24, 2009

 

One of the first things a doctor learns when they go to medical school is their guiding ethic, “Do no harm.” When it comes to medical malpractice it is hard to understand how that ethic was violated.

It’s a given that in our health system the patients expect their doctor has certain obligations to them. They expect good service, good care and that the doctor knows what they are doing and will not harm them in any way. Unfortunately when a patient happens to fall victim to medical malpractice (med mal), those same patients who viewed their doctor as a hero may now take action to file a med mal lawsuit.

When patients have experienced a medical injury and feel that it is related to something that their doctor did or did not do, this is the time to immediately contact an experienced med mal lawyer like Georgia super lawyer, Stephen Ozcomert in Atlanta. Ozcomert knows his stuff and one of the first things he asks his clients is if they were given the wrong medication or an incorrect dose.

“I also ask if they received their treatment in a timely manner or they feel their problems are the result of being misdiagnosed,” said Ozcomert. It’s not just adult patients that may be eligible to file a med mal lawsuit. There may be a good case for med mal if a child sustains an injury during the labor and delivery process and it happened because of negligence.

“Negligence is difficult to prove and this is why I need access to complete medical records and all documentation related to a patient’s potential case,” stated Ozcomert. Ozcomert will assess the information provided and make a decision if there is enough there to proceed with a med mal lawsuit. “Don’t just assume it was an honest mistake if you wind up with injuries that alter your life. Honest mistakes in medicine are still classified as medical malpractice,” he said.

If you aren’t sure what the circumstances of a particular injury may be, or if there was negligence or malpractice, make a beeline to see an experienced med mal attorney such as Stephen Ozcomert of Atlanta, Georgia. “I will be more than happy to sit down with anyone who feels they have been the victim of medical malpractice and assess their case,” he indicated.

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

Defective Medical Devices Lurk in Waiting

Posted by on February 24, 2009

Modern medicine is a marvelous thing when it works without side effects. When those side effects happen, defective medical products become the focal point of litigation.

Across America, hundreds of people were having hernia surgery and being implanted with a hernia patch. Sounds fairly straightforward, but apparently something went terribly wrong with the Kugel mesh hernia patches. They had a nasty habit of rolling up and wrinkling after being inserted.

The problems with the Kugel mesh hernia patches didn’t start to come to light until 2001 when reports of its failure after implantation started appearing. Some of those noted side effects included bowel obstructions, because the memory coil ring broke, and fistula development. There were other complications as well, such as the patches were folded, shriveled, buckled and curled. Obviously this was not the optimal result hoped for after hernia surgery.

The patch was recalled in 2005 and physicians were asked not to use certain lots. However this time the reason was due to the high risk that part of the plastic component of the patch could break off and cut the patient’s organs or tissues with the potential for a fatal outcome. Many people and their defective drug lawyers wondered why the product hadn’t been recalled prior to 2005. The answer was the company felt they didn’t get that many complaints.

The whole mess escalated into a subsequent Class 1 Food and Drug Administration recall, which is considered to be very serious. These particular patches are used in over 700,000 hernia repair surgeries every year, so if you have any concerns about the hernia repair surgery you may have experienced, or have suffered any serious side effects, make it a point to contact a highly qualified defective medical devices attorney.

Many people don’t realize this kind of a situation may be classified as medical malpractice, particularly if a surgeon used a hernia patch that was in a lot that was recalled. Take your potential case to an experienced lawyer and have it assessed. You may wish to file a defective medical device lawsuit, but you need to consult with your attorney first. Be sure you have your medical records and the lot number of the Kugel hernia patch used and ask about your legal rights.

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.

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Deadly Botox - More Than Just a Cosmetic Boost

Posted by on February 24, 2009

It’s a stunning and frightening fact that Botox use for cosmetic surgery may result in serious consequences, including death. If you have been the victim of Botox side effects, you need to speak with an experienced dangerous drug attorney.

Botox first hit the market 30 years ago when the eye care company Allergan boasted about its rejuvenating properties. Of course many of you will recall that Botox was derived from botulinum toxin A. This was once injected into eye muscles of people with crossed eyes. The science behind these injections was that the botulinum created a protein that would override muscle spasms and block nerve impulses that relaxed muscles on a temporary basis.

The Food and Drug Administration (FDA) took a liking to what it could do and gave it approval in 1978, however their original idea was to only use it for clinical applications. Turns out once plastic surgeons discovered its uses in cosmetic surgery, the Botox market took off exponentially. Due to the pressure of people demanding the Botox miracle, the FDA finally approved it for use in cosmetic surgery for getting rid of the fine lines between the eyes and around the mouth.

People were in wrinkle free heaven when they heard about this latest way to stay younger looking for longer periods of time. Botox cosmetic injections were an instant success and consumers were excited to think it had a low side effect ratio. Then the joy ride came to an abrupt halt when adverse incident reports were filed with the FDA.

Many of the reports focused on ‘off label’ uses not approved by the FDA and most frightening of all was the discovery that it migrated to other locations in the body and could be aspirated and cause pneumonia. Botox lawsuits started to surface all across the nation. Many lawyers with extensive experience in dangerous drug litigation got to see firsthand the side effects of Botox gone wrong, and they weren’t pretty.

Over the years since the drug was first approved for use in cosmetic applications the occurrences of deadly side effects has risen dramatically. So much so that the FDA insisted that Allergan add a black box warning informing consumers of the risks of using Botox, including death. Nice idea, but it was never done. This is one of the facts that is referred to in dangerous drug litigation, that the company failed to adequately warn users of the known risks of this drug.

Botox litigation stories littered the media with more and more horror stories and accused the drug company of misleading the public. There were even references to clinical trials that were minimized despite the fact that 50% of the people involved suffered a bad reaction to Botox.

Botox is still in use and the product risks are still present. Be very aware of what you are doing if you choose to submit to Botox injections. In cases that have gone to court across the U.S. there have been instances of long-term muscle paralysis, suffocation, Bell’s Palsy, and permanent cornea damage.

If you feel you have been a victim of Botox injections, do the smart thing and contact a highly qualified dangerous drug attorney. Get your case assessed and find out how justice may be served in your case. Don’t wait until you are sure you are dealing with a Botox side effect, as there is a statute of limitations in every state.

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.

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