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Posted On: February 18, 2009

Atlanta lawyer files suit against hospital alleging that its employees sexually assaulted patients

A lawsuit was recently filed against WellStar Kennestone Hospital in Marietta alleging that the hospital failed to properly hire, train and supervise certain employees that may have sexually assaulted patients at the hospital.

The Atlanta Journal Constitution has the story.

The lawsuit alleges that three employees of the hospital sexually assaulted at least 6 patients and one visitor to the hospital. Apparently, other victims have come forward since the lawsuit was filed.

Our crime victim advocates and trial attorneys have assisted sex crime victims recover significant monetary damages that they could not have recovered if they just relied on the criminal justice system.

As this lawsuit claims, employers may be liable for the criminal acts of their employees if they have been negligent in their hiring, training or supervision of their employees. There may also be liability when the crime occurs within the scope of the employee's job.

It is important to remember that crime victims have rights that extend beyond the criminal justice system. An experienced attorney can often help crime victims recover at least a little of what they lost.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims and people who have been defrauded by deceptive business practices or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

Posted by Pate & Brody | | Email This Post

Posted In: Crime Victims' Rights , Inadequate Security , Personal Injury , Sex Crime Victims

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Posted On: February 10, 2009

Georgia trial lawyer wins $2.5 million verdict in fraud case in Cobb County

A Cobb County Superior Court judge awarded $2.5 million to Susan Farhadi, a woman who was defrauded by Vesta Strategies.

The Atlanta Journal Constitution has the story.

Apparently, the lawsuit alleged civil fraud claims, RICO and breach of fiduciary duty. Because Vesta is no longer in business, it is unclear whether the lawsuit was defended, or whether the judge simply made a decision on damages after entering a default judgment against the company.

As the economy continues to worsen, it is likely that we will see more of these frauds come to light. Once the music stops playing, there are never enough chairs to go around.

Our trial attorneys work hard to protect consumers and investors who have been defrauded by unscrupulous businesses in real estate and investment scams. We have had no shortage of calls this year from people who have been victimized in these schemes.

If you have lost money as the result of fraud, it is very important that you act quickly. It is the only way to try to recover money that may otherwise be gone for good.

Posted by Pate & Brody | | Email This Post

Posted In: Business Fraud , Crime Victims' Rights , Theft and Fraud Victims

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Posted On: February 8, 2009

Civil rights lawyer successful in appeal of federal false arrest case

In Nguyen v. US, the 11th Circuit recently held that a doctor who was unlawfully arrested could sue the federal government for false arrest, false imprisonment, and malicious prosecution under the Federal Tort Claims Act.

The facts of the case are interesting. Dr. Nguyen was born in Vietnam and served in the South Vietnamese army as a combat physician during the Vietnam War. He was imprisoned and forced to do hard labor for a year after the Communists took control. Upon his release, he attempted to escape the country multiple times which resulted in additional arrests. Eventually, he made his way to America after spending months in a refugee camp in Thailand. He attained an American medical license, and in 1984, he bought a practice in Trenton, Florida. He was the only physician for the small town of 1,500 residents. Dr. Nguyen then became a US citizen in 1986.

In 2000, Dr. Nguyen was arrested for the delivery of a controlled substance that was not prescribed in good faith. Specifically, he was said to have given Valium and Lortab to a patient that was a confidential informant without first conducting a medical exam. But two months later the charges were dropped due to insufficient evidence.

The negative publicity and harm done to Dr. Nguyen’s practice was tremendous. Many health insurance companies canceled their contracts with him causing his practice to lose a crippling amount of patients. It also took months for Dr. Nguyen to reestablish his prescription privileges. The damage done to his practice was the same as if he had been found guilty of the charges.

The record clearly revealed that no crime existed. All evidence showed that a medical examination was conducted each time the confidential informant went to Dr. Nguyen for treatment. The evidence consisted in part of videotapes which actually captured each examination. The sheriff’s deputy who made the arrest made it clear that he relied on the statements from the DEA agent in charge of the case when typing the arrest affidavit. It was based on these false statements that an arrest warrant was issued.

Dr. Nguyen brought suit against the sheriff’s deputy, the sheriff, and the United States; however, the trial judge dismissed the claim against the U.S. based on sovereign immunity. A jury returned a verdict in favor of Dr. Nguyen for over $1.8 million against the other defendants. Dr. Nguyen then appealed arguing the US should not have been dismissed, because the US had waived its sovereign immunity in the Federal Tort Claims Act (FTCA). The 11th Circuit agreed.

We did not represent Dr. Nguyen, but our civil trial lawyers have assisted other clients who were falsely arrested and prosecuted for something they did not do. It is difficult to bring malicious prosecutions and false arrest cases because the amount of proof needed to win such a case is high. But, once the case gets to a jury, the verdict can be very large. Juries seems to understand that law enforcement should be certain that someone has committed a crime before they arrest that person and put them through the humiliation of a criminal prosecution. Dr. Nguyen's jury understood that.

Posted by Pate & Brody | | Email This Post

Posted In: False Arrests/Excessive Force , Personal Injury

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« January 2009 | | March 2009 »

Contributors

Page Pate
Page Pate is an accomplished trial lawyer and founding partner of Pate & Brody. Page has been recognized by both Georgia Trend Magazine and Georgia Super Lawyers as one of the state’s elite trial lawyers…

Bernard Brody
Bernard Brody is an experienced trial and appellate lawyer and founding partner of Pate & Brody. Bernard has won trials and successfully resolved difficult criminal and civil cases in courts across Georgia…

Jess Johnson
Jess Johnson graduated first in his class from the University of Georgia in 2006, where he attained degrees in political science and sociology...

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