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by The Stoddard Firm - February 9th, 2024
Medical treatment should always be harmless, or at least calculated to minimize risk while giving the patient the best possible chance at their desired outcome.
Doctors, nurses, and other medical personnel study this ideal and its nuances in school. However, there are some medical treatment risks that doctors and nurses don’t control — their equipment suppliers do.
Legally, product manufacturers of all kinds are bound by this same basic ethical principle. If a product has the potential to cause harm, the company has a duty to make it as safe possible, and to be honest with its customers about any lingering risks, so that they can make informed decisions about their own safety.
Sadly, good safety engineering is expensive, and warning labels don’t make for good marketing. Because manufacturers are motivated by profit, many don’t adhere to their legal and ethical safety obligations, even within the medical industry.
Just a couple days before Christmas last year, a home caught fire on Willis Mills Road SW, in Atlanta. One person was found dead in the wreckage, and another was pulled from the blaze alive but succumbed to fatal injuries under hospital care.
The fire department would later disclose that there was at least one additional fatality associated with the fire as well.
A neighbor told reporters that the victim found inside the wreckage of the home had been suffering from ongoing health problems and relied on medical oxygen, sometimes storing as many as 10-15 oxygen cannisters in her room and hallways. The neighbor believed that these cannisters were the source of the multiple explosions that witnesses heard coming from the home.
Although the cause of this fire is still under investigation, medical oxygen does play a role in an average of over 200 home fires every year.
Supplemental oxygen is a life-sustaining treatment for people with a variety of respiratory conditions, and on its own, it is not flammable or explosive. Oxygen is, however, an essential part of the combustion process for flammable materials. Adding more oxygen to an environment allows other materials to burn faster and hotter, and to ignite at lower temperatures.
Additionally, virtually any compressed material, including oxygen, can expand when exposed to heat, causing the container around it to explode.
Companies that make products for oxygen users know about these dangers, and have a duty to take every reasonable precaution to address them. For example, equipment designed to be used with oxygen should not incorporate flammable lubricants, or electronics that are prone to sparking.
While it’s not possible to completely eliminate the risks associated with medical oxygen, handling oxygen correctly can greatly reduce the chances of an accident. As well as being designed with safety in mind, oxygen products should include clear safety instructions, advising users to:
Companies that profit from medical oxygen without giving their customers proper fire safety support can be held liable for resulting accidents.
If you are next-of-kin to the victims of the Willis Mill Road fire, or if your family has also suffered a medical oxygen accident, reach out to the Stoddard Firm to learn more about your rights.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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