When doctors sue other doctors for medical malpractice, the case gets interesting

This unusual case involves two physicians; one treated negligently and the other who acted negligently.

“This is a rather unusual case and it involves two doctors – one who was the patient of another and who suffered serious injuries as a result of what turned out to be negligent treatment. The plaintiff was Dr. John Doe 1, a well respected and well known cardiovascular surgeon. The defendant was Dr. John Doe 2, who evidently used the wrong medical instrument when he performed surgery on Doe 1’s bladder in 2006,” said Michael Smith, an Arkansas malpractice lawyer.

The filed suit contends that Dr. Doe 2’s actions during surgery were negligent, and because of that negligence, Dr. Doe 1 suffered bladder damage that caused him to have reoccurring bladder stones, continual urinary problems, chronic incontinence and sexual difficulties.

The case unfolded in 2006 when Doe 1 visited Doe 2 after finding blood in his urine. He had survived radiation treatments for prostate cancer and Doe 1 suspected he had radiation cystitis (bleeding bladder), a condition that may be fixed by cauterizing the tissues. Doe 2 booked Doe 1 for a process called fulguration; a process that destroys damaged tissue using electricity.

Evidently, Doe 2 didn’t have the right tools at his clinic and had Doe 1 admitted to the local hospital where he expected to have a cystoscopy, a bladder biopsy and the fulguration. During surgery, Doe 2 expanded the neck of the bladder with a “sound.” The lawsuit says the sound was too large and permanently damaged Doe 1’s bladder.

If the plaintiff had known about the risks involved in this procedure, he would have opted for alternative treatment options. “As a result of his botched surgery, Doe 1 has had continual medical treatment in various hospitals, with his bills running close to $60,000,” Smith said.

There are two things interesting about this case. The first one being that it shows medical malpractice doesn’t just happen to the average person; it can happen to a doctor as well. “The second thing is that in instances like this, a medical malpractice case is difficult to prove because expert witnesses are needed to state that the defendant’s actions were negligent – meaning not up to the normal standard of care that other surgeons in the same line of work would offer,” said Smith, the medical malpractice lawyer.

“The fact is that any medical malpractice case may be tough to prove largely because of several factors,” said Smith. “Those factors include improperly kept records, missing records, too much time has passed since the initial incident and, last but not least, there are some circumstances where what you may have experienced with your doctor – a bad outcome – is not classified as medical malpractice.” This is the major reason why anyone who feels they may have been the victim of medical malpractice should talk to a qualified Arkansas malpractice lawyer. “When in doubt, call me. I can answer questions about your case,” Smith said.

Learn more by visiting http://www.Arkansaslawhelp.com

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Careless driving causes death and serious injuries

Not a day goes by that there isn’t a car accident somewhere in the United States. Some of them may result in serious injuries, others, in death.

Statistically speaking, it’s well known that car wrecks happen every day in the U.S. Whether they are minor fender benders or full-out total wrecks, someone is usually hurt, if not killed. “The thing people need to remember in car accidents is that even though an injury seems minor, it may develop into something worse later. This is more often the case with brain injuries, but having said that, always remember that you should not sign anything an insurance company gives you without talking to an Arkansas accident lawyer,” said Michael G. Smith, an Arkansas injury and accident lawyer.

“Insurance companies are not your friends, and it is best to maintain an arm’s length relationship with them through your lawyer. Let the lawyer handle them because that is what they do, and they know how to do it, and make the insurance company do right by you instead of diminishing your claim,” Smith said. Accident victims don’t need to be hassled over the nature and duration of their injuries, not when they are trying to recover and are worried about how to pay their bills.

The more complex the legal action involved in a claim, the more imperative it is to hire an Arkansas accident lawyer. Take the case where one woman was killed after being ejected from a van, and four others were critically injured. This was a single vehicle crash involving a van whose rear tire tread separated. The driver, who was speeding and driving recklessly at the time, lost control of the vehicle, causing it to smash into a guardrail and flip over. One person was ejected and died instantly.

The other passengers were critically injured. The van’s reckless driver apparently made it out of the wreck with just minor injuries. The police charged her with reckless driving. “In this case, there could be one wrongful death lawsuit and three personal injury suits based on the fact that the driver was negligent. Any one of the people injured has the right to sue the driver for their medical expenses, lost wages, pain and suffering, etc. The estate of the woman who died also has the right to sue for similar compensation,” Smith said.

“Never assume that you can handle a car wreck claim and negotiate with an insurance company. That is a mistake that could very well cost you a great deal of money in terms of a settlement. The injuries in cases like this one were quite serious and the medical expenses enormous. Someone has to pay for that. Someone has to pay for the death of [the woman who was ejected], who was in the wrong place at the wrong time. If you’ve been in a similar situation, call me, I would be happy to discuss your case with you,” Smith said.

Learn more by visiting http://www.Arkansaslawhelp.com

Tags: Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer

18-wheeler multiple crash causes severe injuries

Some accidents never should have happened. A string of errors in this instance caused significant injuries to the survivors.

This multiple vehicle wreck was a dramatic sight to behold, and wound up injuring three people when four cars and an 18-wheeler collided. It created quite the mess on the highway, and left law enforcement officials trying to figure out how it happened in the first place. The names of the victims have been changed to protect their identities.

Evidently, driver number one, John Doe, had parked his sedan by the side of the road to replace a flat tire. Driver number two, Bill Smith, parked his F-150 truck behind Doe’s sedan to help him change the tire. Along came a pickup truck, driven by driver number three, Jane Thomas, who fell asleep at the wheel of her vehicle and hit the rear of Smith’s truck, which then rammed into Doe’s vehicle.

Things got more complicated from there. The impact force of the chain collision pushed one of the cars out into the oncoming lane of traffic, where it was hit by another car being driven by driver number four, a 76-year old man. The same car that was shoved out into highway traffic was then hit once again by an 18-wheeler.

When EMT crews arrived on scene, they took Doe and Smith to hospital for medical care. The other victims had varying degrees of injuries, but amazingly enough, they all survived. The chain of liability in this case would be terribly confusing, but suffice to say, driver number three, Jane Thomas, would likely be the “at fault” negligent driver for falling asleep at the wheel.

Where it may go from there would depend on the evidence at the scene, but there may also be questions about the elderly driver not paying attention to where he was going and driver number five, the trucker, speeding and driving inattentively.

While this particular case may be a tad unusual, accidents tend to happen every day. Knowing what to do if you have been in one is the key. If you have been involved in a crash where you are certain the other driver was negligent, and you have sustained injuries, call an Arkansas accident lawyer. You will want to find out what your legal rights are, how negligence is defined, how it applies in your case and how to file a lawsuit to recover compensation.

While some accident victims do attempt to settle crash claims on their own, they generally find they have problems with the insurance company. If you involve an Arkansas accident lawyer in the claim from the start, the insurance company is usually more cooperative about paying reasonable damages and won’t spend time trying to diminish or dismiss your injuries.

Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com

Tags: Arkansas accident lawyer, Arkansas injury attorney, Arkansas injury lawyer, Arkansas malpractice lawyer, Arkansas personal injury lawyer, Arkansas wrongful death attorney