Archive for February, 2011
Counting Sponges after Surgery May Avoid Med Mal Lawsuit Says Arkansas Injury Lawyer
Medical malpractice may be the result of something really shocking. That something may be a missing surgical sponge.
“While you might think that went you go to hospital for surgery that the team in the OR would keep track of all of their instruments and sponges, you might be surprised to find out that leaving surgical sponges behind seems to be a relatively common event,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas
Consider the case of the man who went to the hospital to have his gallbladder removed. He came to the hospital by way of the ER and was in excruciating pain and presented with a fever. Supposedly, he had his gallbladder removed, but on follow up later, a CT scan showed that not only had his gallbladder not been removed, there was a surgical sponge left inside him.
“What was removed was a large abnormal mass where a sonogram indicated the gallbladder should be. Sure enough, the patient did improve after surgery. Ultimately, the removal of the gallbladder was not the issue for the jury in that case. The issue was the sponge being left behind. That case netted the plaintiff $4.08 million in damages,” Smith said.
Unfortunately, once the sponge was found, the patient required more surgery and spent close to 80 days in hospital; a stay that came to about $290,000. He is incapacitated for life despite the defense indicating he had abdominal problems before he came to the hospital the first time and that the hospital should only take responsibility for the lost sponge.
“If you have been the victim of surgical malpractice, please, call my office and I will talk to you about your case. You need to know what your rights are and how to move forward,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Pay Attention when Driving or Risk Seriously Injuring a Biker
Bikers often get a bad rap for being accident prone because they are riding a motorcycle. However, it is usually the other vehicle that caused the accident.
Often the best way to illustrate a principle of law or what needs to be done in the case of an accident is to outline a case that happened to someone else. In this particular instance, the courts awarded a biker and his wife a total of $2,251,940 for an accident that ended with the man’s left leg being amputated.
The biker was minding his own business and obeying the rules of the road when along came a woman in her car who could not see where she was going. For whatever reasons, she thought it would be safe to drive and re-wet her contact lenses at the same time. As a result of that, her vision was blurred. She was also reaching down to get a pair of sunglasses from the passenger’s side of the car. Not only couldn’t she see what she was doing while she was driving, she was driving while distracted by reaching for her glasses.
While trying to see and reach for her glasses, she hit something. That something was the biker, who was trying to get out of her way because she was driving erratically. He went to hospital and lost his leg. At trial with representation by a skilled injury lawyer, the jury handed down an award that included lost wages, loss of consortium with his wife, money for his permanent impairment to earn wages and funds for past, present and future mental, emotional and physical pain and suffering.
Not every personal injury case is the same, but this case serves to point out what types of damages may be awarded in injury accidents where there is permanent impairment, such as the loss of a body part. Most often, damages handed out by the courts are predicated on the seriousness of the injuries, their duration and how those injuries affect the person and their life. With life-altering injuries, a plaintiff’s life is never going to be the same as it was before their accident.
If you have been in a similar situation, speak to an experienced Arkansas injury lawyer to find out what your rights are, how to proceed to trial or settlement and what you might expect when you get there. Never be shy to ask questions, as that is what an Arkansas injury lawyer’s job is all about; helping people who have been hurt as the result of someone else’s negligence.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Car Wrecks may Result in Apportionment of Liability Explains Arkansas Injury Lawyer
On the surface, some car wrecks look like only one person caused the crash. In reality, the liability may be apportioned.
“In Arkansas, there is comparative negligence. While it may seem like this is a distinction without a difference, there is indeed a distinct difference. Comparative negligence lets victims demand compensation for injuries that were not their fault. A good example would be if you were in a wreck and were deemed partially at fault. That means you many still ask for damages from the other party, also at fault, based on a percentage of fault,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
While this may seem about as clear as mud, there is method to what appears to be madness. The method is the legal equivalent of fairness prevailing, if more than just one person was responsible for an accident and that leads one to the explanation of contributory negligence, if the state a victim lives in has it. Arkansas does not have that system.
“This is a defense that may prevent victims from getting any compensation for an accident that they are in any way responsible for. I should add that there is pure contributory negligence in some states and pure comparative negligence in others. It’s important to know the difference and that is something legal counsel will explain,” Smith said.
In Arkansas, modified comparative negligence is what is used to determine responsibility in cases where more than one person was at fault. It means that if a driver is 50 percent or more at fault, they are not able to collect damages for any injuries they may have. If they are 49 percent or less at fault, they may still ask for compensation for personal injuries.
Consider the case of John Doe, who was in a car wreck when another man hit him. Doe’s judgment was reduced by 40 percent as a result of comparative negligence, but he was still able to win a decent award to pay the medical expenses for his spinal cord injury and subsequent surgery. The court judgment was for $257,000.
Many people do not understand why they cannot collect in full for their injuries if they have been involved in an accident. If they were partially responsible for that accident and live in Arkansas, they are subject to the modified comparative negligence doctrine.
“Yes, it’s confusing, but it does end up being an equitable resolution to accident cases where both parties were at fault. If you have been in an accident like this, give me a call and we can discuss how this works in greater depth,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
In the Blink of an Eye the World Exploded in Car Versus Pickup Truck Wreck
Traveling the highways in the winter is an adventure – one that may have a fatal outcome if one driver has been drinking.
This brutal accident came as a complete surprise to all of those involved. It happened in the blink of an eye and the consequences were utterly devastating. This case happened in early December, near Salt Lake City, Utah and it serves as a reminder to all of us that anything can and does happen when we least expect it. One minute things on the roadway were business as usual, and the next minute, three people were killed and many more injured as several cars wound up in a tangled heap on the highway.
It had been snowing lightly and the roads were not in the best condition. To top that off, the police report of the accident indicated that alcohol and drugs played a role in this fatal accident. The three dead were riding in a green GMC Jimmy. The fourth passenger was taken to hospital in critical condition.
The driver of the Jimmy lost control of the vehicle and it started to spin, sideswiping a car carrying a mom and two kids. Shortly after that, the Jimmy was T-boned by a pickup truck. One Jimmy passenger was completely ejected, one partially ejected and one trapped in the back seat. It was a gruesome accident scene.
Police found beer cans in the Jimmy and called for further testing for drugs. This four-car pileup involved 11 people, hurt because someone was drinking and driving and likely on drugs as well. It is a case that may resonate with anyone who has ever been involved in a DUI accident. It is an example of how easy it is to lose control of a deadly vehicle while under the influence and just what the consequences may be for doing something that stupid.
For those seriously hurt in accident like this, the only way to make sure you get fair and equitable compensation for your medical bills and other expenses is to discuss your case with a skilled Arkansas injury lawyer. Without their help, you will be stuck in an insurance nightmare trying to battle it out with insurance adjusters; adjusters whose sole goal is to settle as low and as fast as possible.
With effective legal representation on your side, you will not need to deal with adjusters who want to minimize your injuries or pretend they are not as serious as they actually may be. You do not need the indignity of dealing with people who will try and twist your words and use them against you, so their company can save money. When you need help after a wreck, seek experienced counsel from an Arkansas injury lawyer who will make sure you get justice.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas business dispute lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
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