By Aaron Marks
Marks Law Group

At least 1.7 million traumatic brain injuries (TBI) occur each year according to the Centers for Disease Control and Prevention. TBIs occur when great force is exerted on the head by a fall, blow, or penetration. Common causes of TBIs include falls, auto and truck accidents, physical violence, and combat injuries. TBIs can cause temporary or permanent impairment. In my practice, I have handled several TBI cases, and while each case has its own challenges, there are some recurring issues that set these cases apart from other personal injury cases.

Recognizing TBI

The first hurdle of handling TBI cases is that the injuries are often not easily recognized. All too often TBIs are not diagnosed quickly, and the injured party suffers twice: first, from the actual injury, and later, when the injury is questioned or doubted, and the injured party must prove he or she actually suffers from a TBI and is not “malingering.”

By Mary Lewis
The Law Office of Mary D. Lewis, LLC

Editor’s Note: This article is an opinion editorial and does not reflect the opinions of the DeKalb Bar Association.

Georgia Senate Bill 141, also known as the Patient Injury Act, is up for consideration in the upcoming state legislative session. This piece of legislation has generated a great deal of controversy, and for good reason. Proponents assert that SB 141 represents a constitutional effort to improve injured patients’ access to courts and to reduce health care costs in Georgia. However, in this author’s opinion and as discussed below, a closer look at the bill reveals not only that it is unconstitutional, but that it will in no way improve injured patients’ access to courts or reduce costs. Instead, as the author will discuss in this article, SB 141 proposes an expensive, complex and unprecedented statutory scheme that is overreaching, fraught with potential for abuse, and highly susceptible to the rule of unintended consequences.

Family Law Section members gathered for breakfast in November at the Old Courthouse on the square in downtown Decatur. The guest speaker was Judge Mark Anthony Scott. The FLS meets every first Tuesday of the month for a delicious buffet…

The DeKalb Bar Association is proud to announce that Jessica Lee Reece will serve as the editor of the newsletter for 2013-2014. Jessica practices exclusively in the area of family law with the law firm of Hedgepeth, Heredia, Crumrine & Morrison, LLC (HHCM Family Law). Prior to practicing at HHCM Family Law, Jessica practiced as an associate at the law firm of Smith, Gambrell & Russell, LLP.

Casey Anthony’s lawyer, Jose Baez, (with authors).

By Bob Rubin, Doug Peters and Jason Sheffield

Editor’s Note: Given the recent barrage of media attention dedicated to cases in the Atlanta metro area, the authors—Bob Rubin, Doug Peters and Jason Sheffield—were asked to share what they have learned about dealing with the media. This is their story and their advice.

In 1963, Bob Dylan sang, “You better start swimmin’, or you’ll sink like a stone . . .”. Fifty years later, these lyrics ring especially true for lawyers dealing with the media in highly publicized cases.

In State of Georgia v. Hemy Neuman, we handled one of the most highly publicized cases in DeKalb County history. Neuman was charged with the murder of his employee’s husband at a Dunwoody day care. Both the State and the defense alleged that it was a romantic relationship between Neuman and his employee that led to the shooting. The media latched onto the idea of a love triangle leading to murder and the case drew national, even international, attention. Though we had handled newsworthy cases in the past, we had never experienced the media frenzy we faced while representing Neuman.

The Family Law Section (FLS) gave a warm welcome to Kim Oppenheimer, Ph.D., guest speaker at the June breakfast. The title of her talk was "When Kids Don't Want to Visit . . . Is It Really Alienation?" Incoming Chair…

by John Radford
Student, Champion Theme Middle School

There are some people who are realizing the dream, but the dream is not being realized for all. Realizing the dream can mean many things. For some, their realized dream could be opening their own business or buying their first house. To others it can mean seeing their sons and daughters graduating and getting married and having their own families. The dream realized is a broad term and one for which everyone may have his or her own definition.