Author Archives: Jay Butchko
FDA Recalls Brain Scanning Device Used by Surgeons (Medical Malpractice vs. Product Liability)
The U.S. Food and Drug Administration has recalled a device that was commonly used by surgeons during brain surgery. According to ABC4 News, the FDA labeled it as a “class 1 recall,” which means that using the brain scanning device may result in serious bodily injury or death. The brain scanning device is called… Read More »
How to Check Your Doctor’s Medical Malpractice History in Georgia
Many patients are curious to know whether their doctor has been sued for medical malpractice. Luckily, there are ways to check if your doctor has been sued before. However, doing so can be complicated. The most common reason why people want to know whether their physician has been sued for medical errors is that… Read More »
What is the Standard of Care in Medical Malpractice Cases in Georgia?
If a doctor has made a medical error that resulted in your injury, you might be able to sue the negligent physician for medical malpractice. However, filing a medical malpractice claim can be complicated because you are required to prove that the medical procedure or treatment fell below the accepted “standard of care.” Failure… Read More »
How to Deal with a Breach of Contract in Georgia Business Litigation
Business relationships typically involve a contract signed between the participating parties. The parties’ rights and duties are regulated by the terms and definitions contained within that contract. When a party fails to perform its obligations under a contract, the other party may be able to sue for specific performance or compensatory damages. However, your… Read More »
COVID-19: Defenses if a Party is Unable to Meet Their Contractual Obligations in Georgia
If the coronavirus pandemic has impacted your business’ ability to meet its contractual obligations, you may be considering your options to excuse performance. Fortunately, there are contractual defenses available, but it may be difficult to use any of them unless your particular situation meets very specific requirements. Invoking a force majeure clause may be… Read More »
Shareholder/Partnership Disputes When Imposing a Capital Call
The COVID-19 pandemic has had an unprecedented impact on entire industries and businesses across the nation. As many companies’ revenue has taken a nosedive, and some incurred additional expenses during the coronavirus crisis, partnerships may find no other choice but to request “capital calls” to address their financial struggles. What is a Capital Call… Read More »
How Majority Shareholders Can Remove Minority Shareholders or Reduce Their Value
Shareholder disputes between majority and minority stockholders are not uncommon in business litigation. There are ways shareholders who own the majority of the company’s stock shares can remove minority holders or reduce their value in the business. The motivation to reduce minority shareholders’ ownership percentage is usually rooted in the majority stockholders’ desire to… Read More »
Why Many Medical Cases Never Reach the Courthouse Steps
Medical malpractice cases are some of the most challenging and difficult cases to handle in the world of civil litigation. And the harsh reality is that most instances of medical malpractice never result in a lawsuit. This reality is a difficult pill to swallow for many, and understandably so, but the law is swayed… Read More »
Should Honest Mistakes Require Compensation?
One of the many traits we all share is our proclivity to make mistakes from time to time (albeit some more than others). Jim rear-ends the car in front of him while tuning his truck’s radio. Dr. Jackson botches a surgery because his mind is preoccupied with an impending divorce. Most negligence cases in… Read More »
Surgical Errors Are the Second Leading Cause of Medical Malpractice Claims, a New Study Shows
A new report concludes that surgery is the second most common cause of medical malpractice claims against U.S. doctors overall. Diagnosis-related claims made up nearly a third of all malpractice claims, according to the study by medical liability insurer Coverys. Coverys analyzed thousands of closed medical malpractice claims from 2014 to 2018 and found… Read More »