Do I Have A Case?

Personal injury cases occur in a wide variety of situations and legal categories, including automobile and truck wrecks, medical malpractice, catastrophic injuries, wrongful death, premises liability, nursing home abuse and neglect, and products liability. With such a large range of cases fitting under the umbrella of personal injury, potentially implicating different laws and standards, it can be extremely difficult to determine if one has a viable case. However, this is often the question negligence victims and their families face in unfortunate, unexpected and sometimes heartbreaking situations.

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With each personal injury case and set of circumstances being uniquely different, it is important to have a competent lawyer review the matter to determine if there is a case. An experienced personal injury lawyer will gather, review and analyze the facts and relevant law to determine whether or not there is cause of action or remedy for the injured party or family. While the details are specific to each situation, there are three basic questions that generally should be considered in reviewing a potential personal injury claim.

Did negligence occur?

An experienced lawyer will look at all facts involved in a potential personal injury case to determine whether or not a mistake or what the law calls “negligence” occurred. Given the multitude of situations potentially giving rise to a legal injury claim, there are many variables and factors that must be reviewed to determine if the responsible party may be held legally liable for a negligent act. Those factors can be very different from one case to another. For example, a determination of negligence in a premises liability case involving a slip and fall depends upon superior knowledge of the landowner or proprietor of a hazardous condition that caused the injury. On the other hand, the standard of care to determine liability in a nursing home abuse or malpractice situation is generally that same care which other healthcare providers would have provided under similar circumstances, as determined by an appropriate medical professional. These tests and the resulting analyses of liability in a particular case are dramatically different.

Did the negligence directly cause a personal injury?

Assuming a mistake or negligent act occurred, the next inquiry is whether that mistake directly caused or contributed to the victim’s injury. While seemingly commonsense, this question can be quite tricky legally, and the analysis will be quite different from case to case. For example, in a situation of nursing home abuse and negligent care resulting in infected bedsores, one must prove that the bedsores and resulting infection and damages were directly caused by a lack of proper patient and skin care, and not some other source (such as a person’s pre-existing health conditions or infection resulting from a pathogen). Or in a premises liability case involving negligent security, a question to be asked and answered might be whether the landlord’s failure to provide adequate security was the legal cause of the client’s injuries, or whether a criminal act or some other event was the direct cause of injury. Again, an experienced personal injury lawyer can properly assess legal causation issues that could affect a case.

Do the injuries warrant a legal case?

While injuries can vary from incident to incident, in general the severity or permanence of the injury may dictate whether a legal claim or lawsuit can be economically pursued. Some cases, such as wrongful death, are generally presumed to have significant damages that are sufficient to warrant prosecution of an expensive, time and resource-consuming case such as a medical malpractice lawsuit against a doctor or hospital. But what about an automobile wreck where the victim had low back pain that soon resolved with conservative treatment such as physical therapy and resulted in relatively small medical bills. Does that situation warrant taking a case to trial where the jury or judge might award medical bills and perhaps only a little more for pain and suffering? On the other hand, a motor vehicle collision resulting in broken bones, brain trauma or internal injuries could have very significant damages making it economically feasible to litigate and try a case with problematic or weak liability. Properly and realistically evaluating damages (based on the lawyer’s experience and knowledge) is an important aspect of the overall assessment of any personal injury case.

No matter the situation, if a personal injury occurred, it is essential for an experienced personal injury lawyer to consider the facts and evidence involved. The trial attorneys at Brownstein and Nguyen have decades of experience consulting with injury victims and successfully handling personal injury cases in Atlanta and throughout Georgia. If you or a loved one has suffered a personal injury – no matter how severe – and would like to find out if you have a case, contact Brownstein and Nguyen. Personal injury consultations are always free.

Personal Injury Myths

Lawyer and attorney jokes are commonplace. Contrary to popular belief, most lawyers do have a sense of humor. However, many jokes and the underlying public’s negative perceptions serve to perpetuate damaging myths about personal injury lawyers and cases that are simply not true. For our civil justice system to work for everyone, it is important that the public be well-informed. So, we would like to take a moment to address a few common myths that we hear.

Dishonest Lawyer-Not at Brownstein and Nguyen

1. Personal injury lawyers are ambulance chasers

Not all lawyers are the same. Some spend enormous amounts of money on advertising, whether on television, buses, or the internet. Unfortunately, some ads are tasteful while others are not. Although advertising is legal, paying a non-lawyer a referral fee for a case is not. Unfortunately, there are lawyers who use runners and similar unlawful schemes to obtain clients. The majority of competent, highly-skilled lawyers – the kind you would want handling your case – must rely primarily on their reputation, experience and personal referrals to maintain their practices. At Brownstein & Nguyen, we have over 25 years of experience representing plaintiffs and personal injury clients. Our clients come to us from attorney and other referrals based on our reputation and results. We pride ourselves in our ethics and professionalism, and never engage in dishonest or improper means in obtaining clients.

2. Personal injury lawyers are only interested in making money

Our founding attorneys have built our practice around just a few areas of law, including personal injury law. While a law practice is a business, our case selection decisions are not based solely on economics. We don’t take on every case. However, many of the personal injury cases we do take for well-deserving clients are risky and difficult, and have often been rejected by other lawyers. We take on these cases because our primary objective and priority is helping people whose lives have been disrupted, sometimes even shattered, as a result of an automobile accident, medical malpractice, or other injury. Our goal is to make sure that our clients will be taken care of financially in order to help piece together their lives after a tragic event.

3. If my injuries are minor, I do not need a personal injury lawyer

Even seemingly minor injuries may necessitate hiring an attorney. Many times, an auto accident may not seem major; perhaps it looks like just a fender bender. However, if a car has sustained damage, there’s a good chance that the persons involved may have experienced an injury, as well. This is because of physics and the forces involved in collisions between steel objects weighing several thousand pounds and movable human objects inside of them. Often, muscle and other soft-tissue strains, sprains or soreness are not felt until several days after a collision. Even more serious injuries may not be discovered until days, weeks or even months later. If you or a loved one is in a truck or car wreck, you should first and foremost seek medical treatment for your injuries, without delay.

4. Personal injury lawyers are dishonest and can’t be trusted

Reputable lawyers play by the rules, not only in how they obtain clients but also in how they handle cases. Lawyers are bound by strict professional rules of ethics and are subject to harsh discipline, including suspension or even disbarment, for violating those rules. Lawyers are also considered officers of the court and owe duties of candor and honesty to clients, parties, opposing counsel, and the courts. At Brownstein & Nguyen, we cherish our professional reputation as honest and ethical attorneys , and would never do anything to damage our reputation as premier personal injury lawyers in Atlanta. We tell clients the hard truths about their cases; we are professional and respectful in our dealings with opposing parties and counsel; and we use facts and evidence to aggressively and honestly represent our clients and uphold the truth. We win cases, the right way.

If you or someone you know has experienced a personal injury due to an automobile or trucking accident, medical malpractice, elder abuse or other negligence and would like a free consultation, contact Brownstein and Nguyen personal injury attorneys in Atlanta. With our years of expertise, our reputation, and our willingness to represent the injured and needy in tough cases, we promise you will receive the attention and high caliber legal representation you deserve.

Does healthcare insurance lower mortality rates?

The death rate in Massachusetts dropped following the 2006 adoption of mandatory healthcare insurance. Is this a coincidence, or is mandatory healthcare insurance responsible for the decreased mortality rate?

Is preventative care key?The New York Times reports that from a recent study of mortality rates in Massachusetts, which compares the death rates to counties with similar populations outside the state, we don’t yet know the answer to the question. However, the study, published in the Annals of Internal Medicine, provides some evidence that healthcare insurance may be closely linked to reducing mortality.

With coverage now being more widely available and accessible to those who would otherwise be uninsured, doctors and hospitals have observed a difference in the willingness of patients to pursue treatment. The New York Times referenced multiple reports by doctors in which uninsured patients would delay or forego medical care and treatment. More often than not, the ultimate reason they chose to do so was the financial cost involved. Unfortunately, medical conditions for some untreated patients grew into more serious (and costly) health issues that might have been avoided had treatment been sought early on.

As alluded to by the study, if more patients have healthcare insurance, they are more likely to pursue and receive preventative care, which leads to a healthier population, reduces overall healthcare costs, and relieves taxpayers of the burden of government care for the uninsured. It further suggests that to be effective, healthcare insurance must be within the financial means of families and individuals. Unfortunately, our current healthcare delivery system allows for hidden and questionable healthcare expenses that continually drive costs higher, making it unreachable for many.

If you, your family, or a loved one believe you have been overcharged, denied proper treatment or provided unnecessary treatment in connection with insurance or billing issues, you may have legal rights to pursue justice. Contact Brownstein and Nguyen, your Atlanta healthcare whistleblower attorneys, for assistance regarding healthcare coverage issues, medical expenses and billing fraud.

What should you do if you are the victim of medical malpractice?

Ask Key QuestionsAll patients have certain rights and responsibilities as outlined by the National Health Council. The saying “a patient is his own best advocate” is true. For the best possible healthcare, a patient should be informed and take the initiative. Investigating and asking questions about general care, health issues and potential procedures is necessary to be proactive regarding one’s health. Having all questions answered before a major or even minor procedure is especially important.

While medical professionals are highly trained and strive to provide the best care possible, medical errors do occur in the healthcare industry. Medical malpractice encompasses a variety of areas and can include many types of errors or mistakes made by a doctor, surgeon, nurse, or other healthcare provider.

If you are a loved one has suffered from medical malpractice, or even suspect that wrongdoing may have occurred, here are a few important suggested steps to follow:

1. Gain access to medical records

It is important to gain prompt access to complete medical records relating to a procedure or event, including the healthcare provider’s records and hospital or facility records. A timely legal and medical review of relevant records must be done to determine if malpractice occurred. Contact medical professionals, hospitals or other facilities involved so that records can be promptly obtained after suspected malpractice has occurred. The law has strict time limits on bringing claims for malpractice; obtaining all records as soon as possible is a critical part of the process.

2. Ask key questions

Not only is it important to be proactive about one’s health before a medical procedure, but it is equally important to be proactive afterwards. If a medical outcome is not as expected or hoped, or there is any uncertainty, ask your doctor or medical professional specific questions to determine if a problem exists and how it might be remedied. If you’re unsatisfied with any answers, seek a second opinion from another medical  professional. Again, as the patient you are your own best advocate.

3. Contact an attorney

Since malpractice laws vary from state to state, it is highly recommended that an experienced attorney be contacted if malpractice is suspected. The medical malpractice attorneys at Brownstein and Nguyen have over 20 years of experience in medical malpractice cases in the greater Atlanta metropolitan area. They will review your case free of charge, discuss your potential claim(s), and provide expert legal advice regarding your options.

Contact Brownstein and Nguyen regarding any medical malpractice questions or concerns that you may have.

Bedsore Prevention and Awareness

Pressure ulcers or decubitus ulcers, commonly referred to as bedsores, are serious and sometimes fatal injuries typically afflicting the elderly, bedridden and wheelchair populations including stroke victims, paralysis and dementia patients. Most bedsores occur in hospital or nursing home settings. With proper care and prevention, however, the risk of bedsores and resulting complications can be greatly reduced, if not eliminated, for at-risk patients.

High risk population for bedsoresWhat is a pressure ulcer or bedsore?

A pressure ulcer or bedsore is as an area of unrelieved pressure in a defined area, usually over a bony prominence (such as the tailbone, ankle or elbow), resulting in ischemia, cell death, and tissue necrosis. Essentially, the pressure prevents blood from getting to the tissue, which breaks down and eventually dies. Once a bedsore develops, depending upon age, nutrition and other medical factors, the skin may not heal and a life-threatening systemic infection can result. Risk factors for pressure ulcers include inactivity, immobility, diabetes, advanced age, impaired cognition, and bowel or bladder incontinence.

Pressure ulcers are classified and treated according to clinical “stage” based on certain criteria. Assigning a pressure ulcer stage is based on visual inspection to determine the extent of tissue destruction and wound depth. Pressure ulcer staging also requires an understanding of the anatomy of skin and underlying tissues. In stage I, the skin is not broken but is red or discolored without fading thirty (30) minutes after pressure is removed. By stage II, the topmost layer of skin is broken, creating a shallow, open, painful sore.  A stage III pressure ulcer is a full-thickness skin loss involving damage or necrosis of the underlying tissue that may extend down to, but not through, muscle or bone. Drainage may or may not be present in stage II and stage III pressure ulcers. Stage IV describes a pressure ulcer involving extensive destruction of tissue with tissue necrosis or damage to muscle, bone, or supporting structures. Usually, dead tissue and drainage are present in stage IV pressure ulcers.

According to the National Quality Forum, a non-partisan consortium of healthcare professionals and organizations, stage III and IV and unstageable pressure ulcers that develop after admission to a facility are considered Serious Reportable Events (SRE) that are preventable and should never occur. Unfortunately, bedridden, wheelchair bound and other at-risk patients don’t always receive the necessary care to prevent pressure ulcers. All too often, infected pressure ulcers lead to systems failures and ultimately death for at-risk patients at hospitals, nursing homes, acute and long-term care facilities. According to the National Pressure Ulcer Advisory Panel, a non-profit devoted to the prevention and care of pressure ulcers, each year approximately 2.5 million patients are treated for pressure ulcers in U.S. acute care facilities and as many as 60,000 U.S. hospital patients die each year from pressure ulcer complications.

Causes and prevention of bedsores

Pressure ulcers or bedsores are commonly caused by a combination of four factors: pressure, shearing forces, friction and moisture. The key to prevention is pressure reduction.

Good skin care begins with an initial risk assessment and the creation of a skin care plan specifically tailored to the patient’s condition and setting. Prevention of skin breakdown, pressure ulcers and tissue or blood infections is an essential aspect of care. Upon admission to a hospital, acute care or other facility, patients should be evaluated by a physician, qualified nurse of other medical professional for the risk of skin breakdown taking into account numerous variables and risk factors. Thereafter, regular skin assessments should be performed on a regular basis (daily in an acute care setting), especially if a skin problem is suspected or has been observed. Initial and periodic assessments should contain accurate measurements of the length, width, and depth of a wound. Drainage type, color and odor, and the color of wound tissue should be noted, as well as staging of the wound.

At a minimum, patients identified as at-risk for skin breakdown should be repositioned at least every two (2) hours. However, regular repositioning may not be enough for patients at higher risk levels or if a pressure ulcer has already formed. A pressure-reducing surface like a foam or inflatable mattress cushion should be used for those patients. To minimize the risk of skin breakdown from shearing forces, the head of the bed should be maintained at the lowest degree of elevation necessary based on medical conditions and other factors. Friction injuries may be reduced by the use of protective dressings and barriers. Pressure ulcers must be kept clean, dry and protected from sources of contamination such as feces and urine. This typically requires frequent cleaning of the patient and changing of the wound dressing.

What to look for?

Pressure ulcers can develop quickly – within days or even hours – depending on a patient’s condition and setting. The most common site where pressure ulcers occur in bedridden patients is the buttocks area, over the tailbone. Because of this, developing bedsores may be difficult to detect for family members not involved in the daily care of a patient. There are, however, certain observable factors and symptoms might indicate the presence of a bedsore warranting further examination and treatment. They can include:

  • lengthy period of immobility
  • generalized or local discomfort or pain when not being moved or touched
  • generalized or local discomfort or pain when being repositioned, turned, or moved
  • foul odor from of undetermined origin
  • evidence of lack of proper turning or re-positioning
  • poor hydration and/or nutrition
  • lack of proper hygiene and cleaning of incontinent patients

What to do?

If you suspect that a family member or loved one is at-risk or suffering from a bedsore, you should immediately notify the healthcare professionals in charge of their care. Proactive oversight and management of your loved one’s care is the best way to ensure they are receiving the proper care.

If your loved one is the victim of negligent care resulting in a pressure ulcer or decubitus, contact the experienced Atlanta Georgia elder care, bedsore and medical malpractice attorneys at Brownstein & Nguyen today for a free consultation. We handle cases involving preventable bedsores and the serious health complications and deaths that result. We’ll confidentially review the case, and discuss your legal rights with you.

Preventable Deaths from Medical Negligence

In a September 2013 article, the Journal of Patient Safety reported that patient deaths as a result of medical errors are on the rise. The article estimates that the range of annual premature deaths that are associated with preventable harm in hospitals is between 210,000 and 400,000. This estimate represents a significant increase from the reported range in the 1999 article To Err Is Human: Building a Safer Health System, which estimated the annual range of premature deaths to be between 44,000 and 98,000.

39169436These articles and the research behind them point to a harsh and unfortunate reality: our health care system is not safer and is failing to take necessary steps to prevent death and serious injury resulting from medical mistakes. In fact, the problem has gotten much worse. An increase of between 400 and 500 percent in 15 years in the number of preventable deaths from human error is totally unacceptable. In 1999, the authors of To Err Is Human outlined several steps recommended by the Quality of Healthcare in America Committee of the Institute of Medicine to improve safety and help decrease the number of preventable deaths and injuries. Some of these suggestions seem obvious, such as implementing better hygiene and patient safety protocols for the delivery of care to reduce mistakes such as preventable infections and medication errors. Apparently, either these suggestions have not been implemented industry-wide or they have been ineffectively implemented.

Perhaps the health care industry as a whole should revisit the original strategy for the improvement of care proposed by the Institute of Medicine.  That proposal included a four-tiered approach, which included:

  • Establishing a national focus to create leadership, research, tools, and protocols to enhance the knowledge base about safety.
  • Identifying and learning from errors by developing a nationwide public mandatory reporting system and by encouraging health care organizations and practitioners to develop and participate in voluntary reporting systems.
  • Raising performance standards and expectations for improvements in safety through the actions of oversight organizations, professional groups, and group purchasers of health care.
  • Implementing safety systems in health care organizations to ensure safe practices at the delivery level.

For the victims of medical mistakes and their families, the devastating losses associated with these errors such as overdosing patients and other medication errors, surgical mistakes, and acting on incomplete or incorrect patient health histories, do not make sense. How does one come to accept that their loved one’s death was the result of an error? How does one recover from such a devastating and preventable loss?

Atlanta law firm, Brownstein and Nguyen, has first hand knowledge and experience in working with families who have suffered tragic losses from preventable deaths and serious injuries due to medical mistakes. We are dedicated to advocating for families and loved ones who suffer. For more information about medical malpractice and negligence cases, click here. Contact us today for a free consultation and case review.

Healthcare-Associated Infections

Hospital care is often required for those who are ill or injured. However, there are unseen dangers involved in our healthcare system according to a recent report from the Centers for Disease Control (CDC). This report detailed the prevalence of healthcare-associated infections (HAI) that can be contracted during the course of hospital care.

Hospital infections and medical malpracticeIt is amazing that in 2014 it is still possible to contract an infection as a result of a lack of hand washing. However, the numbers reported in recent studies show that healthcare-associated infection is more than just a possibility – it is a danger all hospital patients face. According to CDC Director Tom Freyden, more than 200 Americans will die each day as a result of an infection contracted during a hospital stay. Freyden goes on to state: “The most advanced medical care won’t work if clinicians don’t prevent infections through basic things such as regular hand hygiene. Health care workers want the best for their patents; following standard infection control practices every time will help ensure their patient’s safety.”

The Multistate Point-Prevalence Survey of Healthcare-associated Infections, published in the New England Journal of Medicine, reports the most common infections related to hospitalization. These include pneumonia, surgical site infections, gastrointestinal infections, urinary tract infections, and bloodstream infections. While not all of these infections result in death, it is certain that these infections make recovery from surgery, illness, or other reasons involving hospitalization, more difficult.

Infections that result from a lack of hand washing and other preventive measures or safety issues such as unsterilized equipment, unsafe handling of blood and other substances, etc. may fall in the category of medical malpractice. Medical malpractice claims in Georgia are difficult to pursue, but the attorneys at Brownstein and Nguyen in Atlanta have extensive experience in litigating these types of cases. If you or someone you know has suffered from a serious infection as a result of medical malpractice or negligence, contact our Georgia malpractice attorneys for a free consultation today.