Archive for June, 2009
Beware Nursing Home Care
Knowing that we live longer now thanks to the marvels of modern science, we should be made aware that if we do go into a nursing home, there may be problems.
It’s a well-known fact that we are now living longer lives. In fact there are now at least 1.7 million Americans in long-term care. In some cases, this is a real joy and a much-appreciated event. In others, especially if we or a loved one is placed into a long-term care home or nursing home, this is not always the experience that we anticipated it to be.
To say that nursing homes and long-term care facilities experienced an enormous boom in business is a serious understatement. Think about this as well when the future of our lives is being contemplated. “Virtually one quarter of the population today, and that may include those who are reading this release, may need to receive long-term care in a facility,” said Arkansas super lawyer Michael G. Smith of Little Rock.
Just because medical science has advanced and allows us to live longer does not mean that nursing homes and long-term care facilities have kept pace with the prevailing opinion on how people, particularly our elders, should be treated. One would think with the advent of more nursing homes being built that the new facilities would be a significant step up in care for our seniors. Such is not always the case. “Nursing home abuse and negligence is far more prevalent than we would like to believe,” added Smith.
“The most disturbing thing about this type of abuse is that while the government is aware of it, thanks to studies they have conducted in this area, nothing much seems to be done to resolve the issue. This state of affairs is not only shocking; it is discouraging, because our seniors should be treated with dignity and respect,” added Smith.
Those federal government studies actually came to the conclusion that roughly 30% of all nursing home facilities perpetrate some from of medical malpractice and that includes mental and physical abuse and other forms of psychological harm. “Cited in those studies were the most common forms of abuse. Some of them were patient dehydration, malnutrition, infections left untreated, pressure sores, bedsores, medication errors, slip and fall accidents, and untreated pain,” explained Arkansas super lawyer Michael G. Smith of Little Rock.
If a loved one is being mistreated while in care, it needs to be reported immediately to the administrator. File a complaint with the department in your state that regulates nursing homes and immediately call a qualified nursing home abuse 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.
Auto Accident Rates Far Too High
There are almost 5 million auto accidents a year in America, representing at least 20,000 deaths and close to 2 million injured.
“If a claim is handled through insurance, the settlement may cover the compensation due as a result of injuries sustained in a car crash. And then again, it may not,” explained Arkansas super lawyer Michael G. Smith of Little Rock. This is where a highly skilled personal injury attorney comes into play – meaning they will ensure a just settlement if the insurance companies are playing musical insurance policies with the victims involved in the crash.
Unfortunately, although insurance companies do offer us coverage on our vehicles and offer funds if there has been an accident, in most cases, the settlement amounts are no where near what they may need to be depending on the severity of the accident and the extent of the injuries suffered. “Nor do they address other issues such as pain and suffering and loss of wages,” added Smith.
It’s not uncommon for insurance companies to try and lowball settlement for those involved in accidents to try and get them to settle for far less than what they would be entitled to if they went to court and successfully sued for compensation. “The fact is that insurance companies are not anyone’s friends and that is quite evident when it comes to their accident settlement techniques,” explained Arkansas super lawyer Michael G. Smith of Little Rock.
Never take the first offer an insurance company makes as the result of an accident. In fact, don’t take the second offer either. Instead make tracks to talk to a highly skilled personal injury attorney who will assist in dealing with the insurance companies. “In most instances, the presence of a lawyer to settle a claim speeds it up and often may increase the settlement amount,” said Smith.
The ultimate big stick of course is the lawyer taking the insurance company to court, something most insurance companies hate with a passion and strive to avoid the costs. If an insurance problem involving a car crash is being shuttled about without any satisfactory ending in sight, speak to a top-notch attorney to get things sorted out fast. One such attorney is Arkansas super lawyer Michael G. Smith of Little Rock.
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.
Birth Injury Med Mal
There are many things that have the potential to go wrong when a newborn is trying to make its way into the world. We fervently hope that none of them happen, however if there is a problem, the parents have a right to file a birth injury lawsuit.
One of the difficulties that a newborn may face on their journey into this world is shoulder dystocia, defined as the baby’s head being delivered, but the shoulders are stuck and the baby is unable to be delivered naturally. This is an emergency situation and requires prompt action by the doctor doing the delivery to avoid any complications.
Shoulder dystocia is a term that actually means difficult birth, and indeed it is when the baby is stuck, unable to move forward without help. This may be caused if the baby is a large one, but may also happen with any size. There are several methods doctors may use to help the baby along, including fondal pressure (but not excessive) forceps or even vacuum assisted delivery.
Lately there has been a move to rotate the baby’s head during birth to prevent dystocia, which, if done correctly, assists in a proper birth. If done incorrectly, it causes dystocia. The other method of delivery involves lateral traction. This happens when there is a little delay after the baby’s head has cleared the birthing canal. This may be a natural delay, but some doctors panic and use lateral traction. Many doctors are now finding that lateral traction pushes the baby’s head towards its shoulders, which causes shoulder dystocia.
There are other causes of shoulder dystocia, but suffice it to say that in some instances, it may be the result of medical malpractice. Unfortunately there is a high risk of brain and nerve damage in babies with shoulder dystocia. The nerve damage is a brachial plexus injury, otherwise called Erb’s palsy and it affects the nerves that control movement and sensation in the fingers, hands and arms.
If you feel that you have been the victim of medical malpractice, call a knowledgeable attorney to discuss your potential birth injury case. Your lawyer will ensure you are informed of your rights and keep you apprised of everything happening on your file as your lawsuit progresses.
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.
The Doctor Got It Wrong
There are five words that no one wants to hear when they go get a second opinion for a medical issue and they are “The doctor got it wrong.”
The problem of medical misdiagnosis in America is bigger than many people think. It happens when a doctor does not diagnose a condition properly, or incorrectly diagnoses someone’s condition. While neither of these problems happens to be intentional, they often result in medical malpractice because they are based on negligence. Of interest is the fact that the Journal of the American Medical Association, indicate the rate of misdiagnoses in the US has not improved much since the 1930s. Doesn’t that revelation make you stop and think?
Victims of medical malpractice have the right to file a lawsuit and recover damages for things like the expenses related to the initial misdiagnosis, lost wages (not just for the future and the present, but for the past) and the mental anguish the misdiagnosis caused. In instances where death was a result of the misdiagnosis, the family members may be able to file a wrongful death suit and be compensated for the death.
Medical malpractice lawsuits must be filed within a certain period of time, and this tends to vary with each state, so make sure to speak to a knowledgeable attorney about the time limits. For instance, in Arkansas a medical malpractice suit must be filed within two years after the date of the incident.
The most common instances where medical misdiagnosis has happened usually occur when potentially dealing with cervical, lung, colon and breast cancer, blood clots, stroke, heart attacks, severe infections, meningitis and diabetes. At one time, it was thought that roughly 20% of every deadly disease diagnosed was wrongly diagnosed. Unfortunately, it’s likely this statistic from 2006 has increased.
How does medical misdiagnosis happen? It is usually the result of a doctor making the wrong call on whether or not a tumor is benign or malignant; not ordering screening for a condition a patient is at high risk to develop; doesn’t do necessary testing or refer to a specialist; misreads lab tests, doesn’t listen to the patient closely and doesn’t properly handle lab specimens.
If you suspect you may be the victim of medical malpractice (medical misdiagnosis), contact a medical malpractice attorney to discuss your case. Remember, time is of the essence in these cases, so do not wait until it is too late.
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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