Archive for 2010
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
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
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
Sexual assaults common in nursing homes
This type of abuse is not acceptable in any way, shape or form. Unfortunately, it happens far more often than we think.
Recent statistics dealing with nursing home abuse indicate that virtually 90 percent of all nursing homes in the U.S. – that bears repeating, 90 percent of ALL nursing homes in the U.S. – have been taken to task for violating federal safety and health standards. Think about that for a minute. What on earth are they thinking?
They are caring for our most precious loved ones in conditions that are unhealthy and unsafe. This should make you ask yourself whether or not it’s a good idea to admit your senior family members to a nursing home. It’s a fair enough question, and one that many people ask an Arkansas injury lawyer before their loved one is placed; largely to check if the home has been sued in the past for abuse and/or negligence.
At one time, privately owned nursing community homes were a great alternative. Today, 94 percent of them have been called on the carpet for the same violations as nursing homes. There is an epidemic of abuse and neglect, largely done in the name of the almighty dollar. It’s not that residents in these homes don’t have rights; they do, under the federal Nursing Home Reform Law (1987). It mandates that these facilities must promote and protect every resident’s rights. This obviously isn’t being done if you consider those awful statistics. Nursing home abuse is a crime – period.
Did you know that there were at least 14,000 nursing home deaths, due to neglect, from 1999 to 2002? You would have every right to think those numbers are even higher now. There are other numbers from the National Center on Elder Abuse that also show at least one resident in 20 becomes the target of abuse or negligence. Frankly, those numbers are probably higher. What is very disheartening is the further evidence that roughly 57 percent of nurses’ aides in long-term nursing homes either witnessed or took part in abusing a senior.
Right now, there are over 1.5 million people in our nation’s 15,000 nursing homes; statistics Arkansas injury lawyers work with when preparing a case of this nature. This is not just a number to be digested and tut-tutted over. This is a warning for those who will come next, that those facilities need to meet federal health and safety standards to qualify for Medicare and Medicaid.
This is important because those two health care programs cover at least two-thirds of nursing home patients and rack up a cost of $75 billion a year. Furthermore, if the basic health and safety standards are not being met, what does that portend for the residents regarding other personal care issues?
Nursing home abuse stalks the corridors of many long-term care homes and private facilities in the form of neglect, which may include the presence of bedsores, stiff joints, over medication to keep the patients quiet, disgusting personal hygiene, dramatic patient weight loss, physical abuse, withholding medical care and sexual abuse – yes, sexual abuse by staff and other patients. Approximately 10 percent or more of physical abuse cases involves sexual abuse.
Your loved one may not speak out for fear of retaliation, or may not be able to say anything due to physical or cognitive difficulties. Many seniors are unable to fend off sexual assaults. Watch for the following signs if you suspect sexual abuse: bruising in the breast area, upper abdomen or inner thighs, vaginal or anal bleeding, trouble walking or sitting, irritation or itching in the genital area or a sexually transmitted disease. If you see this, don’t think twice, head for the nearest Arkansas injury lawyer and discuss filing a lawsuit.
Michael G. Smith is an Arkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Nursing Home Abuse Sends Out Specific Signals
Nursing home abuse may be silent, but it does send out subtle signals. Be on the lookout for those signs.
Nursing home abuse is an abhorrent blight on society, and as a nation, we need to do something about it. If we don’t want to find ourselves in the same situation further down the road when we age, we need to take this bull by the horns.
“For those who have loved ones in nursing homes right now, you may want to keep your eyes open for signs that abuse is taking place. Often the signals are silent, because the family member is afraid to speak up for fear of retaliation, but if you spend time quietly observing what is going on, you will see a clear pattern of abuse if it is present,” explained Michael Smith, an Arkansas personal injury lawyer.
Things to be on the lookout for are bed sores, bruises and wounds, weight loss, verbal abuse, malnutrition, excessive medication and unsanitary conditions. Bed sores are caused because the patient has been lying in bed for too long without having any exercise. Wounds or unexplained bruises may be the result of inadequate assistance from the nursing staff. If the wounds are infected, that should immediately raise a red flag.
Any type of weight loss is usually associated with neglect or the onset of depression as a result of neglect. It may also indicate malnutrition. If the rooms and bathrooms at the home are not clean or are barely passable, this may indicate the home is understaffed and the patients are not getting the care they need. “If at any time you overhear insults or harmful comments, you will know there is a problem with the level of care your loved one may be receiving,” remarked Smith.
If there are a significant number of residents in the home that are over medicated so the staff’s job is easier, run to the nearest phone and call an Arkansas personal injury lawyer. This is called chemical restraint and it must not be allowed to happen.
“While it would help if you could ask your family member precisely what is going on, that isn’t always possible if they have dementia or don’t understand what you are asking them. Basically, your intuition is a good indicator of something being wrong. After all, you ‘know’ your family member, and if something changes for the worse, you know something isn’t right. This is the time to give me a call and we will discuss what is happening,” added Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Medical Malpractice and Bribery May Go Hand-in-Hand
Med mal is still very prevalent in the US. Lately, another issue has surfaced, illegal kickbacks to doctors.
When a patient goes to hospital to get well and winds up having to speak to a med mal lawyer because the doctor was negligent and caused serious harm, that is a grave issue. Lately, another critical issue has been rearing its ugly head – illegal kickbacks to doctors. This is something that people may have heard about, but have not personally seen or witnessed. “This isn’t really too much of a surprise,” commented Michael G. Smith, an Arkansas malpractice lawyer and Arkansas accident lawyer, practicing personal injury law.
“Drug companies have a huge role in the occurrence of med mal, even in light of their attempts to supposedly improve health care standards. What role do they play? It all boils down to Big Pharma relying heavily on hospitals and physicians to promote ‘their’ products,” he explained. The kinds of products often being “pushed” are medical tools and devices and prescription drugs. The prescription drugs are an enormous profit pool for drug companies and thus they pressure doctors and hospitals to promote “their” brand name drug versus the generic brands.
“It goes without saying that the pressure is of the ‘you scratch my back and I’ll scratch yours’ variety, where the physicians get cash, trips, meals and/or expensive gifts, which is utterly tempting to say the least; utterly compromising for the patient’s health to say the worst,” observed Smith. By recommending or prescribing a drug that may cause a patient more harm than good, the patient is the one that will ultimately pay a price for the doctor getting presents.
“If you have been in a situation like this and are certain that you were given a drug only because the doctor was trying to promote it in return for a payoff of some kind, it’s a good idea to speak to an Arkansas malpractice lawyer with experience in this area. To say that things like this should not happen, is a major understatement,” Smith added.
Learn more by visiting http://www.Arkansaslawhelp.com
The Convoluted System of the Veterans Benefits Administration
Battling the Veterans Benefits Administration for benefits is almost second nature to many Armed Forces personnel.
This is a story that highlights some of the incredible problems there are for vets who are trying to deal with the Veterans Benefits Administration (VA). It involves a case we heard about where a retired Marine Sergeant was shot in the head in Vietnam, which resulted in spinal-cord surgery that landed him in a wheelchair for the rest of his life.
The Marine was told by a VA doctor to file to get funding that would allow him to adapt his home and car to handle his wheelchair. Flash forward to 2010, and the Marine is still fighting to get his claims dealt with, since all that has transpired in the last ten years was what appears to be a monumental run around of claim denials, a few rounds with legal interpretations, and dealing with the government bureaucracy. This Marine would get some straightforward information from an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits.
Over the last ten years, the Marine took matters into his own hands and went ahead and did his home renovations to the tune of roughly $6,000. He also got his driver’s license suspended; not one of his finer moments, but he noted with some humor that the VA told him he could not drive without special equipment and then told him he couldn’t have that very same equipment for a service related disability. This Marine is definitely not alone in his fight to get his claim honored.
There may be some light on the horizon in the form of VA Secretary Eric Shinseki, who has indicated he wants to clean up the inefficiency and clean out backlogged claims. Sounds good on the surface, but what about the error rate for processing claims? The error rate is actually not the problem in and of itself; the problem is that the whole system needs overhauling (much like the health and immigration systems).
Dealing with the backlog of claims may be nice, but rushing to move them out doesn’t address the underlying problems when it comes to staff making errors. Hustling things along will only mean the claims may be processed faster, but with a higher error rate, because no one is taking the time to make sure they are right the first time.
Overall, Shinseki wants to hit an accuracy rate of 98% by 2015, which also sounds fantastic, but do some math first to figure out what that really means. Let’s say the VA processes 2 million claims; that means a 1% error rate would be 20,000 vets. That’s a whole lot of problems for the vets.
If you find yourself in the revolving door trying to deal with a VA claim and don’t feel like you are getting anywhere, contact a seasoned Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits. It may be the best thing you have ever done for your health.
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
Investment Fraud Stalks Unwary Buyers
Just about everywhere you turn these days, there is some kind scam going on. Sadly, investment scams are at an all-time high.
People want to invest money because they’d like to ultimately “make” money and be comfortable in retirement. Nice thought, and at one time, this was quite “doable.” Since the recession hit, those with investments have lost a lot of money, not their shirt – not yet – but it’s been a depressing ride for many. It’s hard not to understand why those who have lost funds would want to recoup them as fast as they can, any way they can – legitimately that is.
With that kind of investor mindset, it’s not much wonder there are scam and con artists out there that will set up schemes that are too good to be true and go trolling for unsuspecting investors. Unfortunately, even some pretty savvy people who do invest quite often get “had” by a scheme now and then. Of course, there are also the uninitiated investors who may be dabbling in the market and have an inkling of what they are doing, but not enough knowledge and intuition to spot a fraud when it raises its ugly head.
Here are a few things to be on the alert for if you are planning on doing some investing. If the rate of return on your investment is way too high – it sounds fantastic in fact – tone down your enthusiasm, because in cases like this it “is” too good to be true. The truth is that it is very rare for an investment to return more than twice the principle.
Keep in mind too that every investment must be audited and if this is not being done, your radar should go on high alert, prompting you to do some in-depth searching about the “opportunity of a lifetime.” Feeling rushed to fork over your cash? Being pressured to buy in or lose out? Back up a few steps and reconsider what you are doing. If the business offering the opportunity is legit and stable, they aren’t going to be out hustling customers and they won’t be using hard sell tactics either. This is when the word “No” should leave your lips promptly.
Sometimes all you have from the person who is trying to sell you something is their word about their firm or opportunity. Even though you may feel like its overkill to check out the firm’s rep and their investment offerings, do it anyway. The time you check may be the time you find out you should “not” invest your hard earned money.
If for some reason you got had by some smooth dude selling something that cleaned you out, speak to a qualified attorney with experience in this area of the law. You never know, you may be able to recover something.
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
Big Rig Texting Deadly
If a semi driver is texting while driving, get out of his way. This is an accident looking for a place to happen.
Many people don’t realize that over 100,000 people end up being seriously hurt every year thanks to being in an accident with a big rig. It’s a no-brainer to think about the total destruction that results when something that size hits something a great deal smaller.
Often the other vehicle’s occupants die in the carnage.
“While size alone may make them the “Kings” of the highway, this doesn’t mean they are exempt from following the rules of the road, just like the rest of us. In fact, you’d think it would make them ‘more’ aware of what they were doing ‘because’ of their size and deadly potential,” noted Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
“Here is an interesting fact for you. Commercial trucks account for approximately 3% of all motor vehicle registrations. Doesn’t sound like much does it? Unfortunately though, they are responsible for roughly 12% of all yearly traffic fatalities,” observed Smith. The government does seem to be working toward making highway travel safer by putting stricter rules and regulations into effect that target truckers; specifically to get them to take precautions to avoid fatigue and distracted driving.
The statistics for big rigs crashes show that distracted driving tops the list of fatal driving errors. That list includes three kinds of distracted driving: taking their eyes off the road, taking their hands off the wheel, and disengaging their minds. This likely won’t surprise you in this day and age of texting, but truck drivers causing accidents while texting is negligent and deadly, and the very worst combination of the top three distractions,” Smith outlined.
“Maybe you haven’t heard about the case where a trucker killed a mom and her young child because he was watching a porn movie on his laptop while driving. Of course this is the high end of recklessness, not to mention stupidity, but it points out that some really strange things can and do happen,” added Smith.
Some other research just done recently by the Federal Motor Carrier Safety Administration revealed that truckers who text do so while taking their eyes off the road for 5 out of every 6 seconds. “If they are traveling at 55 mph, the trucker actually travels the full length of a football field without looking at the road. Pretty scary stuff, isn’t it?” asked Smith. On top of that frightening revelation, big rig truckers are up to 20 times more likely to get into an accident while texting on their cell.
The good news here is the DOT has now banned texting for truckers. If they follow the rules, this should help reduce accidents as a result of texting. If they don’t follow the rules, and let’s face it, some people won’t, there will still be death by texting while driving a big rig. “Yes, there is a fine if they’re caught texting. Lawyers can now also go for punitive damages to make a point that texting while driving is deadly,” said Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Learn more by visiting http://www.Arkansaslawhelp.com
Wrongful Death Case Compensation Complicated
Calculating the economic loss resulting from a wrongful death is tough. Many times the loss has to be reduced to today’s dollar values.
Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.
“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.
In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.
“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.
Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.
The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
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