Month: March 2009

2009 got off to a really nice start in the law offices of Stephen M. Ozcomert, P.C. of Atlanta, Georgia, with notification that he had been named to the 2009 Georgia Super Lawyers List.

Being named to the Super Lawyers list is quite the accomplishment, as nominees are selected by peer recognition and according to their professional achievements. This naming is a feather in a lawyer’s cap, and Ozcomert certainly lives up to his reputation amongst his peers.

Of interest is the fact that every year a nationwide survey of all lawyers in practice for at least five years is tapped to participate in the Super Lawyer Selection process. This is the initial selection pool, and that’s no small pool, as there are over 800,000 lawyers nationwide who participate in the survey and nomination process.

Part of the process is that those being surveyed are asked to nominate the best attorneys they’ve personally seen in action. “I am very honored to be nominated a Super Lawyer for the second time – the first in 2008 and now, for 2009,” said Ozcomert. Only 5% of the attorneys in Georgia are named as Super Lawyers.

While the general public may think the books are cooked by having lawyers select other lawyers for awards, nothing could be further from the truth. The selection of Georgia Super Lawyers is painstaking and carefully monitored. “Lawyers cannot nominate themselves and each nomination carries a certain point value,” explained Ozcomert.

The data base that tracks all the nominations is smart enough to know if there are lawyers nominating each other or if there are block nominations where attorneys at the same firm all vote for the same person. The candidate pool is made even richer by the addition of wild card names selected as the result of Super Lawyers “Star Search.” Star Search is a compilation of lawyers who have worked to achieve various honors or credentials that indicate a high level of peer recognition/professional competence.

“This is actually quite the rigorous procedure and being nominated is quite humbling and yet exhilarating at the same time,” added Ozcomert.

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

Americans are famous for shopping until they drop and buying the very latest fad, product or technical gadget on the market. “Not many shoppers realize they may be a victim of a defective or dangerous product,” said 2009 Georgia Super Lawyer, Stephen M. Ozcomert, P.C. of Atlanta, Georgia.

Defective or dangerous product accidents are far more common that we would like to think, which likely isn’t too surprising considering the way many of them are made these days. It reminds one of the old saying, “They sure don’t make things like they used to make them.” And indeed, manufacturers do not make products to the same standards of care that they once used to pride themselves on. More to the point, many of the products Americans buy today are not even made in the United States.

This may come as a shock to many consumers, but the Consumer Product Safety Commission actually gets hit with over 10,000 complaints (representing roughly 29 million injuries) every year, regarding defective products. “That is a staggering number and does not include the deaths directly caused by defective or dangerous products, a number that hovers just a bit over 22,000,” indicated Ozcomert.

There are a variety of federal organizations, etc. whose mandate is to regulate product liability. The most well known one is most likely the Federal Drug Administration (FDA). Others include the National Highway Traffic Safety Administration and the Environmental Protection Agency. Knowing which agency is responsible for protecting what is sometimes more about smoke and mirrors, and reporting a dangerous or defective product isn’t always that easy.

It should be noted that product liability law is not the usual run of the mill personal injury case; a good thing when it comes to recovering damages. “In many of these cases, manufacturers have launched a product into the marketplace without adequate testing,” commented Ozcomert. Without the right kind of testing, a consumer takes his or her life into their hands, not knowing how the product may act. For instance, defective baby equipment that collapses, breaks or is toxic; or defective vehicle products such as improperly installed airbags.

Don’t wait to contact a defective or dangerous product liability attorney to discuss a potential case. “If a manufacturer is found responsible for the defective or dangerous product, the courts may award compensation,” said 2009 Georgia Super Lawyer, Stephen M. Ozcomert, P.C. of Atlanta, Georgia.

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

Thanks to the wonders of TV, many Americans are addicted to crime shows and think that a wrongful death suit is a criminal case. In reality, a wrongful death suit is a civil case.

A wrongful death by definition is a death that happens due to the negligence, recklessness or inaction of an organization or a person. The leading cause of wrongful death is medical malpractice, with accidents on the job, car crashes and defective products vying for second place.

No matter what caused the death, a family is grieving the loss of a loved one and wondering how to carry on with their lives and handle the sudden cessation of that person’s wages, etc. In the U.S., immediate family members are allowed to file a wrongful death lawsuit. In most instances, that means parents, spouses, children, or a child’s guardian acting on the child’s behalf.

These types of lawsuits are seeking compensation from the courts for medical and funeral expenses, emotional distress of the loss of the loved one, lost income or inheritance, and loss of companionship (among other things). Depending on what state you are filing in, you will find the laws to be different. This is the reason you will need a wrongful death attorney to apprise you of your rights and how to file in your state.

Each state also has a statute of limitations that often varies as to when the time expires for filing a wrongful death lawsuit. Your attorney will tell you when you need to file your suit. Generally speaking, it is within one to three years from the time of the loved one’s death.

However, just because there is some time running to file a suit, don’t wait. A wrongful death lawyer must act quickly to get the evidence to prove that the defendant’s actions (or inaction) were the cause of death. It is also up to the attorney to show that family members are suffering and ask for adequate compensation on their behalf.

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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Most people think medical malpractice is most commonly caused by doctor error. However, this isn’t always the case, as nurses are also responsible for medical mistakes.

Over the last decade or so, the media in the U.S. have had a field day when it comes to reports detailing the number of deaths each year attributed to medical errors. The numbers are in the millions for deaths and for medication mistakes. If that doesn’t throw up a few red flags, then I don’t know what will.

Medical malpractice or medication errors (med mal) isn’t within the exclusive domain of just doctors. Nurses have similar high standards to live up to when caring for patients, and for the most part they do their jobs with skill and precision. Unfortunately, things happen and a nurse may be negligent on the job causing an oversight that leads to an injury or death. This kind of a situation is usually referred to as nurse malpractice.

Nurse malpractice is on the rise, more so over these past few years than it was previously. Many pundits point fingers at the medical system and decry the deplorable shape it is in, citing shortages in manpower as being the major reason for nurse malpractice. Keep in mind that nurse malpractice isn’t something that is done on purpose. It happens for several reasons.

A nursing shortage isn’t really news, but what happens as a consequence of a shortage may be. For instance with fewer nurses on duty, staff works longer hours (sometimes over 12 hours and double shifts) and the error factor increases dramatically. Fatigue may be a killer in a nurse’s uniform. Thanks to the shortage of RNs, non-licensed Nurse’s aides are also hired to fill the duty rosters.

The most frequently seen nurse malpractice situations deal with nurses not following doctor’s orders, performing medical procedures without the proper qualifications, giving the wrong dose of medication to someone, or giving the wrong medicine to the wrong patient and not keeping a close enough watch on a patient that needs extra care.

In the cases that I have handled, the consequences of nurse malpractice have been organ damage, death, coma, infections, cardiac arrest and a toxic reaction to drugs. None of these cases were pretty and none of them happened on purpose. They happened because of a variety of factors. Nonetheless, if a patient has been harmed by nurse malpractice, they are entitled to take legal action.

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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