Although medical mistakes resulting from faulty equipment or inadvertent human errors are not particularly uncommon, many do not expect intentional malfeasance on the part of medical professionals. However, even if a situation is not anticipated, it certainly does not mean it’s impossible. Indeed, in a recent decision, Jefferson v. Houston Hosps.,…
Lawsuits against the government, either state or federal, often come with a variety of specialized procedural hurdles. In Georgia, among these particular requirements that catch hapless litigants by surprise are the many special notice requirements that preclude a litigant from bringing suit against a state entity unless he or she…
As strides in medical treatments and technologies continue to be made, the life expectancy of Americans continues to rise. However, notwithstanding the benefits associated with increased life expectancy, many of those of advanced age will need living assistance of some variety at some point, including hospice care in the later stages…
Assumption of risk is among the most commonly invoked defenses in negligence cases. Given that the defense has existed as long as the common law and is so frequently raised by defendants in negligence cases, courts have been forced to address the contours of the defense’s applicability for hundreds of years. In…
Although we consider gamesmanship in the selection of where a case should be filed to be a more prevalent issue in the federal court system, arguments regarding the venue of cases are not uncommon in Georgia courts. Plaintiffs may often find a material advantage to having a case heard in a…
Although we generally associate the challenging of a judge’s ruling with part of the appeals process, there are many instances when a litigant may request a judge to reconsider his or her own decision. As one can expect, asking a judge to reverse himself can be a tricky proposition. Indeed, as…
Obtaining recovery for physical injuries or property damage resulting from a car accident is often not a straightforward endeavor. Indeed, many drivers involved in car accidents expect to deal with some amount of insurance wrangling or, in more complex situations, litigation. However, as the plaintiff in a recent case before…
There are many fears one may have when faced with the prospect of going under anesthesia for a medical procedure. Not likely among the many thoughts you may have, however, is that a medical professional would take advantage of you while in this vulnerable state. Even though this risk may not spring…
Elevators are among the tremendously useful inventions of the modern era. Indeed, buildings would have never reached even half of the astronomical heights they have attained in the elevator’s absence. Along with being a modern necessity, however, elevators can be incredibly dangerous when not properly maintained. Although a shoddy cable…
Under Georgia law, a defendant’s admission of liability may be presented as evidence in a negligence case. Admissions of liability can have considerable influence on juries, so determinations regarding which evidence may properly be considered an admission are often hotly contested. Although trial courts have considerable discretion in making such evidentiary…