Fractured Femur Leads to Medical Malpractice Suit

Some days it doesn’t just rain, it pours. This medical malpractice case is a prime example of what can go wrong when you least expect it.

This reported case is one of those instances where you have to wonder if the defendant involved really knew what he was doing. Certainly accidents do happen, but when the defendant is an occupational therapist, the last thing you would expect to happen when you are at your appointment is for the therapist to fracture your femur. That is what happened to the 68-year-old man in this case. What further complicates this story is that the man is a paraplegic.

As a result of the fracture, the man needed surgery to repair it, and was then faced with the choice of also needing to have a colostomy, because he couldn’t do transfers from his wheelchair due to his broken leg. This is not a great choice to be faced with when what little independence you had was shattered thanks to the negligence of an occupational therapist. His quality of life went downhill and he tried to cope as good as possible as his medical costs skyrocketed.

The jury at the man’s trial agreed with the plaintiff that his damages were shockingly awful as the result of the therapist’s negligence and awarded him $1.05 million. The fact that the man would need full-time care from the point of his accident onward was certainly a consideration when the jury was deliberating. The defendant made no attempt to settle prior to trial. Was the amount of the jury award fair – most definitely.

Medical malpractice does not just involve a doctor. It can happen at any time, and to anyone if they are dealing with a medical professional who does not perform to the standards of the medical profession. Medical professionals need to be held accountable for their actions. If you have been in a similar situation, make your first call to a skilled Arkansas injury lawyer and find out what is involved in filing a medical malpractice case. Not all instances with a bad outcome by a medical professional are considered to be negligence. An Arkansas injury lawyer can outline what constitutes negligence and help you make an informed decision about moving forward with any potential lawsuit.

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

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

Racing and DUI Incident Creates a Deadly Night Out for Teens

Some days bring unmentionable grief. This reported case is a real tragedy, and something that did not need to happen. It is never ok to drink and drive, and it is never ok to use peer pressure to get your friends to ride with you. Life is full of choices and the choice to not drink is the most responsible one. In this story, the driver made two bad choices, and cost a young man his life.

The family of the dead young man filed a wrongful death lawsuit to make a point – that you should not drink and drive, and if you do, you need to take responsibility for the consequences. This was not the only lawsuit filed in this instance, as the parents of another dead teen also filed a lawsuit, along with a lawsuit filed by the family of the only survivor of the wreck, a young female.

20-year-old John Doe was charged with a misdemeanor for reckless driving as it appears he was chasing another teen’s vehicle at one in the morning down a rural road. What may have started out as a race ended horribly. Four young men were riding in a truck that was allegedly chasing the other teen’s car. At trial, the driver of the truck said the chase ended before the accident and they only knew about the accident because they continued driving in the same direction and saw the single car wreck. They did not stop to offer help.

What caused the chase in the first place? Evidently, the teens in the car were suspected of stealing plastic shot glasses from a party. Is this really worth losing your life? The 18-year-old driver of the car failed to make a curve because he was drunk with a blood alcohol content of .19 and was driving at 94 miles per hour. Added to this, the legal drinking age in that state is 21, and the underage drinker got caught in a deadly night out.

The truck driver who chased the car egged the teen into going faster, and was also driving under the influence. He was sentenced to probation and additionally charged with unlawfully purchasing alcohol as a minor. As you can see, there are a number of factors that once combined create a fatal accident. Will the wrongful death lawsuits against the car driver be successful? Likely, even though the young people riding in the car (and truck) knowingly got into a vehicle with a drunk driver. The bottom line is the driver was negligent on two counts: driving while drunk and speeding. The end results speak for themselves.

Have you been in a similar situation? If so, you need the experienced legal advice from an Arkansas injury lawyer. You need to know what your rights are, how they apply to your situation, what will happen next and what compensation you may expect for your injuries. Never try to settle a case like this without consulting a knowledgeable Arkansas accident lawyer. They deal with the insurance companies, so you do not need to.

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

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