Archive for April, 2009
US Supreme Court Deals Blow to Veterans Seeking Disability Comp
The Supreme Court on April 21, 2009 struck a blow to veterans seeking to dispute medical claims denied by the Veterans Affairs Department. Reversing a lower court decision, the justices found that veterans must prove that any alleged mistakes made by the VA ultimately resulted in the denial of their claims. The lower court had ruled that the burden was on the VA. The case is Shinseki v. Sanders.
Challenges to the sufficiency of the notice given to vets by the VA in connection with a disbility claim has historically been a fertile source getting the Court of Appeals for Veterans Claims to remand cases where claim had been denied. This ruling will probably do away with most notice arguments, because the vet is required to show that the defective notice changed the outcome of his or her case, which is not possible in most instances.
Vets have to work for legislative changes to bring this archaic system into the 21st century.
For Fewer Car Crashes Watch the Manners
While one might wonder what good manners have to do with driving a car, it makes sense if road rage and aggression are factored into the equation. Having manners now makes sense for avoiding car crashes.
With the highest ever statistics on traffic accidents making the news on what seems like a daily basis, it is incumbent on drivers to start taking some responsibility for their behavior behind the wheel. It’s actually in everyone’s interest to drive safely, save lives and cut the enormous costs of insurance. Let’s face it, car crashes aren’t just about people and injuries, they are also about the cost of repairs and the skyrocketing prices for insurance premiums.
It’s a fairly straightforward proposition to smarten up and drive right, and if everyone did his or her small part, the overall effect would definitely be beneficial. To begin with, the driver needs to be road smart, the vehicle being driven needs to be in great shape, and there is no doubt in the driver’s mind that it IS in prime condition.
This means making sure all the regular maintenance requirements are met, the tires are not bald, the “check oil” light only comes on when the vehicle is started (normal) and all the lights work. Pretty basic stuff, but a lot of people don’t bother doing even the simplest of maintenance. This means they can never be sure about the safety of their vehicle for themselves, never mind the safety of others.
Don’t drink and drive. While this might be considered to be a total no-brainer, more often than not people think nothing will ever happen to “them” after they’ve been drinking. This is a bad assumption and many times has ended in tragedy for more than just the irresponsible drunk driver.
Don’t tailgate: a warning that really should not have to be issued, as following too closely is a guaranteed recipe for disaster; however, it does happen, and on a regular basis. Keep a safe distance between vehicles on all roadways – e.g. one vehicle length for every 10 kms per hour. So, if the rate of speed on the highway is 110 kms, there should be 11 vehicle lengths between cars, etc. traveling in the same direction.
And for the basic warnings, think smart and don’t try to pick up things off the floor mat, reach for something in the backseat, adjust the radio, talk on the cell phone, or change radio stations. Any distraction like this is a recipe for an accident in the making.
If being in a crash resulted in personal injuries due to the negligence of another driver, then be certain to contact a qualified personal injury attorney who knows their area of the law and will make certain justice is served.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock personal injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
One Death Every Sixteen Minutes Due to Big Rigs
Roughly every 16 minutes someone is fatally injured in a crash with an 18-wheeler or big rig.
Those statistics are pretty dismal when you think about it. There is, however, a certain sense of realism in that number when you take a look at just how many of those huge monsters travel the highways on a daily basis. In fact, it’s almost a wonder more accidents don’t happen. Suffice it to say that a rough average of at least 5,000 deaths a year is even more shocking.
The problem with large truck crashes is that quite often they are also involved in multiple vehicle pile-ups, which increases the death toll. By state the accident statistics tend to vary, but the three states with the highest death records due to 18-wheeler crashes are California, Texas and Florida. Not exactly a record that a state would want to brag about.
The point is that the trucking industry is making money hand over fist to the predicted tune of roughly $610 billion currently; a number that is expected to double by the year 2015. What trucking company in their right minds is going to stop hauling loads and cutting corners when it comes to safety, when they stand to make money like that?
What are the main causes of big rig crashes? Mostly the usual litany of things, that ranges from being under the influence of an illegal substance to driver fatigue, and from an improperly secured load to driver inattention. There are so many things that may go wrong with a big rig that it may seem like only a matter of time before something does happen.
In addition, given the fact that many of these big rigs put on some really punishing miles each year, there are the usual mechanical failures from shredded tires to failed brakes, and from transmission problems to defective steering. In all instances where there has been a big rig crash, immediately contact a highly skilled 18-wheeler attorney who will begin to piece together the information needed to present a case in court.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock personal injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Medical Malpractice Is Quite Variable
Most people tend to think of medical malpractice as something a doctor does to people. In reality, medical malpractice applies to all health care providers.
Medical malpractice may mean a less than stellar performance of their job, right up to failure to act in a timely manner. The truth of the matter is that there are literally hundreds of injuries that may happen during a medical procedure – some that result in serious injuries, and some that result in death.
If you’ve spent any time reading about the health care system, then you have a pretty good idea that it isn’t in the best shape financially. It is over burdened, overused and overwhelmed. All these factors have contributed to a medical malpractice epidemic over time. Think about it. Virtually every time you go for coffee at the local eatery, there is always one story or another about doctoring gone wrong.
Malpractice laws exist because the patients have the right to be protected from the negligence of health care providers. There also needs to be some way for injured parties to seek damages for things such as lost wages, mental anguish, loss of consortium and medical bills, etc. In the greater scheme of things medical malpractice lawsuits are deterrents to health care providers.
Don’t make the mistake of thinking that every state has the same laws relating to medical malpractice, because that is not the case. They vary by state and it is best to speak to an expert medical malpractice attorney about what laws apply in your state and potential case.
As for what kinds of acts are considered to be negligent, this varies as well, however, some acts are things like not responding promptly to fetal distress, not providing the patient with enough information to make an informed consent to a procedure, not promptly treating an illness, and misdiagnosis of a condition. There are many others areas where medical malpractice may raise its head from misdiagnosing lab results to mistakes in medication.
Don’t wait too long to see an experienced medical malpractice attorney if you feel you have been a victim of medical malpractice, as each state also has a statute of limitations (in most instances between 2-3 years) and only a competent attorney will be able to advise you of what you need to do to claim damages and get justice.
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 personal injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
The Subtle Signs of Nursing Home Abuse
Nursing home abuse isn’t always that evident, particularly if it happens to be mental or emotional abuse. However, there are some subtle signs that should put you on alert.
In some cases, a nursing home resident is able to speak for themselves if something very bad has happened, but in most instances, it is the family that will need to be the voice of the resident. In any suspected case of nursing home abuse, immediately contact an attorney who has a track record in this area of the law. Only a nursing home attorney with experience in this area will be able to handle these sensitive issues.
Aside from the major issues that have the potential to go wrong in a nursing home or long-term care center, there are the smaller, subtler things that make people wonder if they should even bother to call a lawyer. After all, what if they are just imagining things? If your instincts tell you something is wrong, chances are there is, and you need to go with those feelings and speak to a lawyer.
The whole point of contacting an attorney is to stop the abuse in its tracks, as many cases of nursing home abuse take place on a continuous basis. If you disregard your instincts your loved one may continue to suffer unnecessarily. So, pay attention to those subtle signs, most of which are usually physical. You need to be vigilant as residents are often frightened to report their caregivers for fear of reprisal.
Pay attention to things such as repeated falls, extensive or frequent bruising, cuts or infections that never seem to heal properly, a change in demeanor and a reluctance to participate in activities, etc. Once you begin to see a pattern, don’t wait to contact an attorney. Do it right away and also find out about your state’s statute of limitations.
Contacting an attorney now will get an investigation started and guarantee an extensive review of your loved one’s medical records. It takes a long time to successfully pursue this type of case, which is another reason why contacting a lawyer sooner rather than later makes the most sense.
The bottom line in all cases like this is to remember that the main party involved, your loved one, needs to be properly represented. Do not take anyone’s word for it that they will make things better, or things will change, or that it will never happen again. The world is full of people who make promises they don’t keep. Always seek legal help if you think your loved one is dealing with abuse in a nursing home or long-term care home.
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.
RECENT POSTS
- Car Pedestrian Accident Leads to Death of Former Nurse
- Tangled Web of Events Leads to Death of Former Nurse in Car Pedestrian Accident – Arkansas Injury Lawyer
- Hospital Errors Are a Silent Killer
- Think Insurance Fraud Is No Big Deal, Then Think Again Suggests Arkansas Injury Lawyer
- Arkansas Personal Injury Lawyer Indicates the Golden Years are a Myth When Abuse is Involved
CATEGORIES
ARCHIVES
- July 2012
- June 2012
- May 2012
- April 2012
- February 2012
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009