Tag: medical malpractice

Trial Lawyers & Doctors Oppose Medical Malpractice Bill

Both Georgia Trial Lawyers Association (GTLA) and Medication Association of Georgia (MAG) have come out against Senate Bill 141, which is designed to replace the state’€™s medical malpractice system with a worker’€™s compensation-like review board.

The bill, also called the Patient Injury Act, is back by a group of health care administrators and providers known as Patients for Fair Compensation. The group claims the changes would curb unnecessary and costly medical procedures, allow more injured patients to be compensated, and speed up the claims process.

The bill calls for the creation of independent review panels designed to analyze patients’€™ injury claims.  The group also said that under the proposal “patients would be compensated within less than a year.”

But former Georgia Attorney General Mike Bowers, a Republican, claims the bill is unconstitutional based on the state Supreme Court’€™s 2012 decision in Atlanta Oculoplastic Surgery v. Nestlehutt, 286 Ga. 731. Justices unanimously overturned a state law setting caps on noneconomic damages in medical malpractice cases, ruling that caps violate the state constitution by impinging on the right to a jury trial.

In addition to calling the proposal unconstitutional, GTLA and MAG have criticized the measure for being bureaucratic and costly.

GTLA asserts the new system “would be manned by biased healthcare providers sitting in judgment of their colleagues.” MAG says the new system would increase the number of claims against doctors and hospitals.

Gunshot Victim Wins $17.5M Award in Malpractice Suit

A young man and his parents were recently awarded $17.5 million after filing a medical malpractice suit against Grady Memorial Hospital, Emory University, and several medical staffers. The Dekalb County jury agreed that the aforementioned parties were responsible for brain damage that occurred after the young man was treated for a gunshot wound.

Back in spring 2008, Sheriod Merritt, then 19, was walking through a Wal-Mart parking lot in Lovejoy when a stray bullet hit him in the face. The bullet fractured his jaw and left fragments in the back of his throat. Yet he had what surgeons called a €˜golden injury’€™, which means he was still able to walk and talk despite his injury.

Merritt underwent surgery to wire his jaws together two days later. His throat and airway were still significantly swollen at the time. Although the surgery was successful, Merritt became agitated as he came out of surgery and tore loose a breathing tube.  Because his jaws were wired, his breathing was even more obstructed, leaving him oxygen deprived for several minutes. He had already suffered permanent brain damage by the time doctors replaced the breathing tube.

The verdict concluded that half of the liability belonged to Emory University and the resident anesthesiologist who oversaw Merritt’€™s sedation, and half to Grady, which employed the nurse practitioner who assisted the doctor.

Medical Malpractice Cases at Moraitakis & Kushel, LLP

As in the case of Sheriod Merritt, medical malpractice occurs when a patient is physically harmed by medical care that fails to meet accepted standards of practice. When negligent care results in a worsened condition, injury or wrongful death, you may have a case.

At Moraitakis & Kushel, LLP, medical malpractice litigation is a primary focus. If you or a loved one has been injured due to negligent care, don’t hesitate to schedule a consultation. We’ll consult top medical experts who will review medical records, consultations with physicians, and more. Because malpractice suits are often expensive and difficult to prove, we only accept clients we’re confident have a strong chance of success.

Find out if you have a case. Call (404) 445-1411 to schedule your free consultation today. If we accept your case, we charge no attorney’s fees unless we collect compensation for you.