Archive for 2009
Financial Senior Abuse
Many people are familiar with the term senior abuse, but many don’t consider financial abuse to be a crime. Sadly, this crime is on the rise.
The lousy economy these days has led to a new form of senior abuse – financial abuse, as younger members of a family start to take advantage of older relatives who may have a nest egg stashed away. We may not be aware of this happening because in most instances it starts slowly and without any fanfare. It may start with a request for a few dollars here and there and over time escalate into cash being taken out of a senior’s wallet or purse or from their bank account.
Maybe taking a few bucks from a senior doesn’t seem like a big deal, but if it continues, there is the potential to totally wipe out that person’s life savings. This is abuse, financial abuse. It’s a temptation to those who have very little money to spare in this economy. However, this is a form of stealing, even if the person the funds are being taken from is a family member.
Why is this particular form of elder abuse so easy to perpetrate? It largely has to do with the fact that since housing is in such a mess, many people who should be out on their own with the own homes are having to abandon that home and move back in with parents or other relatives. This isn’t the most ideal situation in many cases and causes a lot of stress and pressure for seniors who happen to be a part of those “new” living arrangements. In addition, a lot of younger individuals may not deal well with the loss of a job, family or home and turn to drugs and alcohol to handle matters. The potential for violence increases in circumstances like this. If that violence spills over to a senior, elder abuse takes on a whole other ugly façade.
Sadly, statistics show that about one in close to 25 cases of elderly people being financially exploited happened to be reported. The National Center on Elder Abuse extrapolates those figures to mean that there may be close to 5 million elderly financial abuse victims in the U.S. every year. That is a shocking statistic. It’s not just financial abuse that is going on either; at least five out of six cases that involve elder abuse deal with neglect and exploitation, and these go unreported as well. Many people who deal with elder abuse in the system are reporting a significant increase in elder abuse since the recession crept in.
In any situation where a senior is being abused, whether it is physically, emotionally, mentally, psychologically or financially, it’s best to speak to an attorney with experience in this area. Justice needs to be done for our seniors and the only way this will happen is by speaking to an attorney who understands the ramifications of elder abuse, and who is able to put a stop to it.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Sports and Traumatic Brain Injuries
Head injuries sustained as a result of sporting injuries are serious and have the tendency to be cumulative, resulting in major trauma for the victim.
People are probably familiar with the term “Shaken Baby Syndrome” and understand immediately what that means in terms of damage to a baby. The result of a baby being shaken causes the infant’s brain to be bruised irreparably. Here is how that works. Inside everyone’s head there is a fluid filled space in between the actual skull and the brain. Apply enough force to the skull, say blunt force traumas that happen in sports, and the brain slaps up against the hard skull. The end result here is something called a concussion.
The other term for concussion is bruised brain and we all understand that some bruises are much worse than others. Watching hockey, football, soccer, polo or other body contact sports will inevitably show the viewer at least one bone crunching thump to the skull by one player to another. If the player has been in a particular sport for a number of years – say hockey for 5 or more years – they are likely to have sustained numerous concussions. Many of those hits to the head may not be that serious, but over a period of time the damage builds up and manifests itself in interesting and problematic ways.
For instance, cumulative damage may end up manifesting itself as short term memory loss or even pseudo-Parkinson’s disease. An example of a well-known sports figure who sustained cumulative brain damage is Mohammed Ali. His precise diagnosis is actually pseudo- Parkinson’s disease which is the adult equivalent of Shaken Baby Syndrome.
While everyone agrees that something needs to be done to make the sport safer, it still seems that no one knows exactly what to do or is hesitating to do it. Tighter chin straps would help, better helmets and decent mouth guards that actually allow a player to breathe through them would all be a great start. However, none of this addresses the legal ramifications of negligence in “not” providing players with the proper equipment, even when team owners are aware of the consequences of using improper gear.
It’s no laughing matter to get concussions on a consistent basis as a result of using not so safe paraphernalia. It’s no wonder that many people involved in sports are seeking legal counsel about the ramifications of being provided with improper gear. Only a skilled personal injury attorney will be able to address what this may mean in terms of compensation for personal damages sustained while playing sports.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Motorcycle Injuries Critical
It’s important to note that since people are now taking to the road by way of motorcycle, thanks to the economy, motorcycle injuries are on the rise.
While traveling to and from work and other places by motorcycle may be a smart way to save money on gas and registration, it’s just not like riding in the relative safety of a steel enclosure like a car, that has “some” safety features like bumpers, air bags, seatbelts, crumple zones and the like. Being out there in the wind with no protection tends to put a biker’s safety at a great deal of risk.
The odd thing is that even with the increase in motorcycle accidents, many people seem to be unaware or oblivious as to what types of injuries a motorcycle accident may cause. Many of the injuries for those that survive may result in a lifetime of therapy and treatment. Many also result in death. For those that do survive, it is crucial to speak to a skilled personal injury attorney to recover compensation for your injuries.
Some of the injuries that are a result of a motorcycle accident are spinal cord damage, brain and head trauma, badly broken or shattered bones and the usual cuts, scrapes and bruises. The more serious injuries, of course, are spinal cord and head trauma. The spinal cord may be crushed as a result of the accident and since the cord is largely responsible for sending brain signals to and from our organs, this is a serious trauma.
In many instances, a crushed spinal cord may result in paralysis. Whether or not that results in being permanently paralyzed is mainly a function of how quickly the proper medical treatment was implemented. Some bikers regain the use of their body parts if they are treated promptly and get the right medication.
Traumatic brain injuries are more problematic in that they cause the brain to be slammed from one side of the skull to the other, resulting in bruising and swelling. This is a life threatening injury and often results in permanent cognitive impairment. Most patients who sustain an injury like this suffer from memory loss that ranges from mild to severe, severe headaches and impaired thinking. Brain damage may be permanent.
When it comes to broken bones, a motorcyclist may sustain anything from a clean break at one location to a more serious situation when the bones in their legs or arms are crushed. Crush injuries that are severe enough often mean amputation to save the biker’s life.
Always remember that even if an injury seems to be minor on first blush, it may turn out to be more serious down the road. Always make sure to consult with a personal injury attorney with extensive experience in this area. They will know immediately if your injuries have the potential to develop into something long-term. External injuries are usually indications of more serious internal problems.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Motorcycle Crashes on the Rise
There isn’t much question that motorcycle crashes are on the increase. One only has to read the local news to see that.
Virtually every weekend someone is killed in a motorcycle crash. Whatever caused the accident, bad roads, bad weather, motorist inattention or even speeding; the statistics are mounting at a rapid pace. Just recently across the nation one weekend witnessed the deaths of at least 20 bikers for a variety of reasons. Sadly, in many of them, speeding was the critical factor that ultimately caused the deaths.
Overall statistics for biker deaths in America are quite alarming. For instance, in 2006 there were 4,837 motorcycle fatalities. In 2007, that figure went up dramatically to 5,154. That means that motorcycle fatalities accounted for 13% of all road fatalities in 2007, which was up from roughly 11% in 2006.
Typically most of the fatalities involved motorcyclists aged 20-29. And the more troubling statistic is the fact that roughly 25% of these people who died had invalid licenses. It doesn’t take a rocket scientist to see that motorcycles have the potential to be death traps for the inexperienced.
Speeding while on a motorbike is literally an accident looking for a place to happen. In one recent weekend incident, a biker slammed into the back end of a parked car at the side of a highway so hard, the car wound up on a guardrail. You can only imagine what condition the biker was in when the police finally dislodged his remains from underneath the car.
For those that do survive a motorcycle crash the injuries could range from scrapes and road rash to broken bones, traumatic brain injury, herniated discs, paralysis and death. Not exactly the kind of thing anyone wants to hear when they love riding their bikes. However, that is the reality of life and at times, life as a habit of biting people hard when they least expect it.
No matter what the reasons are for the accident you may have been involved in, you will need a skilled personal injury attorney to help you get damages. Those reasons may include negligence on the part of another person, improperly maintained roads, reckless driving on the part of another, or an improperly maintained bike.
All these things need to be factored into a motorcycle personal injury lawsuit or a wrongful death suit. Talking to your experienced personal injury attorney will make things clear on how to proceed with a potential lawsuit.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Taser Wrongful Deaths
There seems to have been a spate of wrongful death actions lately filed in relation to the use of tasers by the police.
While tasers may have their place in law enforcement, there is a burning question about the number of deaths resulting from the use of this weapon on suspects. Just recently a man involved in a traffic stop, who bolted when he saw police, died as a result of the use of a taser to disable him to arrest him. The autopsy reports are expected to show that the taser played a part in his demise.
This is just one more death in a long laundry list of them that hit the media over the use of tasers instead of talking to arrest suspects. Has the company that makes tasers been taken to court in a wrongful death action? Indeed it has and in most cases, it was not found liable. However, that all changed one day in September 2008, when Taser International was deemed partially liable in a wrongful death lawsuit.
Interestingly enough, until September 2008, Taser International had won 45 wrongful death or injury cases. In that landmark court case, it lost a $6 million wrongful death suit. The door swung open that day on the issue of their liability in the future for taser deaths.
Granted the court’s findings in that case apportioned liability to the deceased plaintiff and the company as being 85% to 15%, but the decision had an even greater ripple effect. It saw Taser International stocks plummet.
The facts are that if the company is found liable for damages done after tasing a suspect, they could lose their shirts. It doesn’t matter if the suspect may have had heart damage, the fact remains that if police are chasing a criminal, they aren’t going to stop and ask if the person has a heart condition.
Families faced with the death of a loved one due to the possible questionable use of a taser need to consult with a highly skilled wrongful death attorney to determine their path to justice for that death. It’s not just the police force that may wind up being cited as defendants in such a case.
Often the maker of the product that caused the serious injury or death is joined in this kind of a lawsuit. Keep in mind that wrongful death suits are “not” criminal cases and do not go through the criminal courts. A wrongful death case is conducted in civil court and the standards of proof are different. This makes it essential to discuss the case in detail with an expert wrongful death attorney.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Watch Out for the Big Rigs
18-wheelers do not have the ability to stop quickly and the consequences are often death for those in other vehicles.
It’s a given that if a big rig crashes into another vehicle, the smaller of the two vehicles involved in the accident will bear the brunt of the damages. Big rigs weigh in at 40 tons or 80,000 pounds. The average car only weighs about 5,000 pounds. This is a bit like David versus Goliath.
When a vehicle that size is hurtling down the highway, it takes 40% longer for it to get stopped than it does an average vehicle. This has a lot to do with what type of load they have at the time. If it happens to be steel, add in an even longer period of time to stop.
Trucks only have ten brakes, not 18 despite what people think. However, no matter how many brakes a semi has, it still can’t stop suddenly. This is the reason that crashes are so devastating and the rationale behind many states investigating implementing driving campaigns targeted at regular car drivers who drive like maniacs around big rigs.
In Georgia, there are roughly 6,700 truck collisions yearly, resulting in close to 5,364 injuries and 235 deaths. Survivors of these catastrophic accidents often have brain damage, spinal and neck injuries, amputations, multiple fractures, and neurological disorders. These victims generally need extensive and expensive medical treatment. It is essential to hire an experienced Georgia trucking attorney to ensure personal injury damages are properly awarded.
Interestingly enough, not many people realize that nearly 60% of the time the trucker is not at fault in an accident. On the contrary, it is mainly other drivers that don’t respect the rules of the road or the space of the rigs while they’re on the same highway. A new program launched in Nevada has state Troopers hitch rides with truck drivers to see what really goes on when they’re trucking.
If a program like this was implemented in every state, it might just reduce the number of deaths as a result of a collision with an 18-wheeler. If it taught motorists hard facts about driving near a big rig, it would smarten some of them up. For instance, trucks have no-zones. This means if a person can’t see their mirrors, the trucker can’t see the other vehicle. It’s just that simple.
Seen from the other side of the wheel – inside the big truck – it puts a different spin on the real problems on the highways these days. Many of the truckers cite cars following too closely, cutting them off or being in their blind spot. No matter what the cause of an accident with a semi, the results are devastating. Hiring a skilled attorney is the best way to seek justice and an award (even a proportional one) that will deal with the lifelong injuries the victim will struggle to handle.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Anesthesia Malpractice a Concern
While anesthesia malpractice is not as common as other medical errors, it does still happen with devastating consequences.
We don’t often read about cases of anesthesia malpractice, but they do happen and may result in the death of someone undergoing surgery. For example in a Florida medical malpractice suit, an 18-year old girl died as a result of malignant hyperthermia. The plastic surgeon and anesthesiologist performing the operation on an out-patient basis were the defendants in the lawsuit.
The lawsuit alleged that the surgeon and anesthesiologist failed to meet acceptable medical standards when she had a life threatening reaction to the anesthesia administered for breast surgery. The case hinged on the fact that the doctors failed to recognize a reaction to the anesthesia and because they missed the signs of this deadly reaction, they didn’t give the proper treatment to save her life.
This patient survived long enough to be transferred to another medical facility where she succumbed to hyperthermia. Malignant hyperthermia is inherited and only one parent needs to be carrying the gene for a child to inherit it. It causes a rapid rise in body temperatures and severe muscle contractions as a result of receiving anesthesia. Signs and symptoms include bleeding, dark brown urine, muscle rigidity and aching, and a very fast rise in temperature to 105 degrees F or higher.
The Florida lawsuit alleged the doctors could have treated the patient with intravenous Dantrolene sodium (muscle relaxant) had they paid attention to the patient after surgery. Dantrolene sodium was given later at another medical facility, but it was too late.
At the root of this case is the contention that the doctors did not follow accepted medical practices in monitoring their patient, and as a result of that negligence, caused her death. If they had been paying attention and were capable of identifying malignant hyperthermia, the patient would still be alive today. Evidently, recognized medical standards were not followed with disastrous consequences.
It is medical errors like this Florida case where patients have the right to speak to a medical malpractice attorney about filing a med mal lawsuit. They need to know their rights and how to go about dealing with the devastation such cases dish out.
It goes without saying that we rely on doctors to do their jobs and not allow us to come to any harm. In instances such as this case, something went drastically wrong and an innocent victim paid the price.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Negligence Causes Car Accidents
Common sense would seem to dictate that when people are asked what causes car crashes, their first answer is usually someone else’s negligence.
Negligence plays a huge part in the accidents that occur daily across the nation that take the lives of at least 110 people everyday. Consider how many others are severely injured and have their lives change in the blink of an eye. When collisions start to become almost as prevalent as the common cold, it’s time to do something.
Bad drivers and what to do with them have occupied the minds of many a law enforcement agency over the years, but as yet, no successful program seems to be in place to combat lousy driving. Some have suggested that if those who drove carelessly were aware of the consequences of their actions – the death of another person – they might slow down. Others propose driving home the fact that negligence costs a lot of money in the form of a jury award for wrongful death or severe personal injuries. Unfortunately, there are many people who figure the law is not meant for them to obey and that nothing bad will ever happen to them – until it inevitably does happen.
Losing a family member is heartbreaking and life altering all at the same time. If there were other family members involved in the same car crash, they may have sustained injuries that left them requiring medical care for the rest of their lives. The total disruption of a family because of the negligence of another driver is absolutely devastating, but the other driver never seems to think of that when they are driving and talking on a cell phone or driving while under the influence of drugs or alcohol.
Personal injury law is all about righting the wrongs done to others by the negligence, thoughtlessness and carelessness of others. This is what personal injury lawyers do, help those who were victims recover damages for their losses. Those losses may include punitive and exemplary damages, funeral and medical expenses, loss of wages, pain and suffering, and other more intangible things like loss of companionship.
In the process of fighting for the rights of those who have lost a family member or are dealing with debilitating injuries as the result of an accident, other issues may also come to light that point the finger of negligence in another direction. This isn’t to say that the other driver who may have caused the accident in the first place isn’t at fault, but there may be things like a defective seatbelt or airbag that caused death or injuries.
Personal injury law is never dull and just because a case looks like it is straightforward and a death or severe injuries are the result of someone running a red light doesn’t mean that the accident itself was responsible for the drivers death (but may have contributed to it). This is precisely why a hiring a personal injury lawyer is a critical factor in any car crash case.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Slip, Trip, Fall and Injury
The quick explanation of a slip, trip and fall legal case is a person who fell after slipping or tripping on something like a puddle of water or a raised cement block.
There isn’t too much of a mystery about what a slip, trip and fall case is all about. The definition in this instance lies in the description of the actions that take place prior to a personal injury sustained as a result of the fall. While the definition is reasonably clear, there are certain circumstances that need to happen in order for a person to be able to file a lawsuit for damages against an entity or a person.
The first thing may seem rather obvious, but surprisingly isn’t to a lot of people who have been in the difficult situation of having fallen after tripping or slipping, and then found out they had no case. There needs to be an actual dangerous condition. In other words, the fall must come about as the result of a dangerous condition on private or public property.
The reason the law is exceedingly specific in this instance that a person “must” have fallen due to a genuine dangerous condition is because we all land on our rears or other parts of our anatomy many times over. It’s a fact of life. Obviously, the law would not allow you to recover damages every time you fall. Imagine trying to convince a court that tripping over the cat on the way to the bathroom at 3:00 am in the morning is worthy of compensation.
The law will, however, allow recovery of damages for personal injuries that happened because of a dangerous condition on private or public property with the caveat that the owners or people responsible for that property knew or should have known about the dangerous condition.
Knowing what a dangerous condition is may help a person assess whether or not they may have a valid case to discuss with an attorney. Some examples of hazardous conditions include cracks in sidewalks or other areas where people walk, badly maintained handrails or stairs, wet substances on the floor, uneven stairs, debris on the floor, food or other random objects left on a floor and dangerously slippery surfaces. There are a multitude of potentially precarious situations that have the real potential to cause a slip, trip and fall accident.
Another requirement to file a lawsuit is that the owner of the property where the accident happened, or whoever controls the property must either be aware of the treacherous condition, or in the alternative, known about the risky condition as a result of “reasonable” inspections. If they didn’t know or couldn’t have known, a person is not able to recover against them. To find out further specifics, it’s best to discuss a case like this with a highly skilled attorney.
In many instances, slip and/or trip and fall cases require an expert witness to prove an unsafe condition did exist and the owner, etc., either knew or should have known about it. This would shape up as the battle of dueling experts, as the defendant would also have an expert that states the exact opposite.
If someone has fallen as a result of a perilous condition, then consult with a qualified lawyer to determine if there is a potential lawsuit.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
An Unusual Type of Med Mal
Not many people have heard about iatrogenic medical malpractice lawsuits. Iatrogenic means adverse affects due to medical treatment or advice.
While the vast majority of people have never heard of iatrogenic, it is actually far more common than one would think. In fact there is a rough estimate of 120,000 to 225,000 deaths in the U.S. every year that may be tracked back to iatrogensis. Unfortunately, there is no mandatory reporting system for iatrogenic injuries or deaths. To say that would make it a bit difficult to police and control, or even develop procedures to prevent it would be a major understatement.
Iatrogenic means something caused by accident by a doctor, a diagnostic procedure or medical treatment. In other words, it’s the adverse effects or complications resulting from advice from a health care professional and that includes a dentist, nurse, pharmacist, therapist, doctor, psychologist and as a result of alternative medical treatment and advice.
The causes of iatrogenisis are quite varied and include adverse reactions, medication errors, medical misadventure and noscomial infections.
Adverse reactions are, generally speaking, the result of someone having a bad reaction to a medication, which may be an allergy or a potentially fatal side effect. The American Medical Association estimates at least 108,000 deaths due to adverse reactions. Quite a shocking statistic, isn’t it?
According to the Institute of Medicine, there have been close to 7,000 deaths attributable to medication errors. Another good reason to double check what you are being given when you pick up a prescription or are handed something in the hospital.
Medical misadventure is an injury or other adverse effect that is the result of medical treatment. These misadventures are usually preventable medical errors, which tends to not give people a lot of faith in doctors or other health care professionals.
Noscomial infections originate in a hospital and manifest themselves by causing inflammation, swelling, infection, night sweats and breathing difficulties. This kind of infection may be responsible for the death of 80,000 annually.
Most of the figures discussed in this article deal with patients actually in a hospital. They do not cover outpatient clinics, long-term care home residents, patients not in the hospital or dental patients. It goes without saying that iatrogensis rears its head in those settings as well. Based on just these figures alone it would be enough to give anyone needing medical treatment in a hospital setting second thoughts. Another chilling aspect of iatrogenic diseases is that they are not always easy to identify. E.g. drug interactions.
Proving someone died as a result of an iatrogenic disease is a complex process. If you have lost a loved one and feel their death was the result of an adverse reaction or complication due to medical treatment, get in touch with an experienced medical malpractice attorney and discuss your potential case.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
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