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Arnold & Stafford Legal Blog

How might changes in DUI laws affect Georgians?

Recent changes to the evidentiary rules in driving while intoxicated (DUI) arrests can affect Georgia drivers' constitutional rights against self-incrimination.

Known as the Elliott decision, this decision by the Georgia Supreme Court determined that it's unconstitutional for police and prosecutors to submit evidence that a driver refused a breath test. The state high court found that violated defendants' Fifth Amendment rights.

Could you have suffered a surgical error?

If you wind up in the hospital for surgery, you depend on your surgeon to execute the procedure without causing you additional harm. But unfortunately, things can occur that are termed "never events" because if the proper protocols are followed, theoretically they never should have occurred.

Health care facilities sometimes deem these incidents as serious reportable events regardless of whether a patient's life or health is compromised.

How do different levels of alcohol affect driving ability?

Due to the risk of a crash, it is illegal in all 50 states to drive if you have a blood alcohol concentration level of .08% or above.

But what if your BAC level is only .02% or .05%? Take a look at different levels to see how they affect your ability to drive safely.

Is it legal to buy and use kratom in Georgia?

Georgia has never been a state known for its lax drug laws. The police are eager to arrest those they suspect of drug use, possession and sales, and the courts will prosecute defendants without question.

The opiate problem hasn't spared our state, either. Many addicts seeking legal relief from the scourge of addiction, as well as patients suffering from chronic pain, have sought relief in the use of kratom. But is it legal?

Beware of Thanksgiving DUI charges

As you make your Thanksgiving plans for later this month, don't forget to plan for a sober ride to and from all of the festivities. You certainly don't want to wind up with a drunk driving charge by getting behind the wheel after you've had a few drinks.

One of the busiest nights for liquor sales for bars is the night before Thanksgiving, or "Black Wednesday." If you think about it, it makes a lot of sense. Colleges and universities are on break now and the students return home to celebrate the holiday with their families. They wind up getting together with old friends from high school and raise a few cups of cheer. Pretty soon, they are tanked and in no shape to drive home.

Were you misdiagnosed by a doctor?

Are you one of the approximately 12 million individuals in the United States who was misdiagnosed this year? Roughly half of those patients face severe harm as a result of their misdiagnoses.

Not only can misdiagnoses delay proper treatment to be rendered, being misdiagnosed can cause you to be exposed to harmful treatments or surgeries for conditions you do not suffer from. Each year, around 40,500 people are admitted to intensive care units with misdiagnoses that prove to be fatal.

Did a nurse's sleep deprivation affect your care?

If you go into the hospital for surgery, you expect that the nurses and doctors responsible for your care and treatment will be at the top of their games. They certainly would be sober, as well as alert and well-rested, right?

But as it turns out, sleep deprivation in medical professionals is a real problem. Medical Daily reports that roughly 30% of the adults in the United States suffer from the condition — and some work in the medical field.

Arrested on drug charges? Call us!

If you are facing charges for possessing prescription medication illegally, this is something to take very seriously. A conviction can have life-altering complications that can dog your steps for the rest of time.

Even an arrest can be enough to derail a promising career and slam the door on many opportunities for you. You may not even realize right now the chances that will be denied to you if you get arrested and convicted of a drug offense.

How to assert your right to remain silent

The first 10 amendments to the United States Constitution confer a variety of rights on U.S citizens. While you probably know about your rights to speak freely, practice your religion and carry a firearm, you have also probably heard about your right to remain silent during police questioning. You may not, though, understand how to assert this right effectively. 

Law enforcement personnel can be intimidating. Nonetheless, if you are a suspect in a criminal matter, what you say and do not say may have a tremendous effect on your case's outcome. Before submitting to a detective’s interrogation, you may want to think about exercising your right to remain silent. Here are some options for doing so: 

What do they mean by 'never events' in the medical field?

The term "never event" is a bit of a misnomer since these disastrous medical mistakes happen with alarming frequency. A former chief executive officer (CEO) of the National Quality Forum (NQF) coined the term back in 2001 to refer to errors that should never have occurred and which put patients at extraordinary and needless risk.

One example of this is wrong-site surgical events like a doctor removing a patient's healthy kidney instead of its withered and diseased counterpart. In the ensuing years, the definition has expanded to include seven categories comprising 29 serious reportable events:

  • Product or device
  • Surgical or procedural
  • Environmental
  • Care management
  • Patient protection
  • Criminal
  • Radiologic
  • Peer Review Rated 2011 | For Ethical Standards and Legal Ability | 2018
  • GTLA
  • Atlanta Bar Association | Lawyer Who Serve
  • State Bar of California
  • State Bar Of Georgia
  • American Association For Justice
  • ABA
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