Archive for November, 2011
That memory of 9/11 will be with everyone until the day they die. It will never fade from the minds of Americans.
Aside from the anguish of 9/11 and the heart-wrenching deaths, there is another side to this story. Many stories unfolded in court in the form of wrongful death lawsuits that arose from those terrorist attacks. The last of the suits was settled in early October 2011. The Bavis family’s goal was to inform the public about the weaknesses in America’s air safety system.
When they had done what they could to draw attention to serious security risks, they let the memory of the Los Angeles Kings hockey scout rest in peace with the knowledge that they had given him a voice, even after death. In part, the family settled with United Airlines and the security company, Huntleigh USA Corp., as they found out the trial, slated for November 7, 2011, would be limited to three weeks.
The focus of their suit was security lapses on the day that is forever burned into the world’s collective consciousness. The family wanted important information about airport and airline security to be put into public record so Americans understood, in part, what happened on September 11. That day, Mark Bavis, whose remains other than a miniscule bone fragment have never been found, was on United Airlines Flight 175 at Boston’s Logan Airport. His mom, Mary Bavis, filed the suit and the terms of the eventual settlement were not released to the public.
The family’s desire to keep awareness on airport screening has not dimmed. Their drive is to make future travel for others safer, and they will not stop until they have achieved their goal. It is something that would have perhaps saved hundreds of lives that day, had those that killed Americans been nabbed prior to boarding.
The Bavis family points a finger squarely at Huntleigh and United for security failures that allowed the terrorists to hijack the flight their son was on. These failures involved not hiring and retaining qualified screeners or properly training them in light of heightened terrorism threats.
This became the focus of the lawsuit when it was discovered that at least nine airport security screeners, immigrants who spoke limited to no English, did not even know that the threat level had been raised to the likelihood where terrorists would attack civil aviation targets. Those same nine screeners had no clue who Osama bin Laden was and had not heard of al-Qaida.
It was not just the screeners that did not know the threat level had been raised. It was management too, as the shocking fact that the security company’s director of training and its general manager at the airport had never heard of bin Laden or al-Qaida. Management and screeners allowed knives, pepper spray and Mace onboard that fatal flight.
None of it should have happened; none of it. It left the world in tatters and will haunt everyone forever. Nothing can be done to turn the clock back, but one thing is certain – if you are dealing with a situation in which a loved one lost their life due to the wrongful actions of others, do not hesitate to contact a skilled and compassionate Arkansas injury lawyer.
If you seek justice for harm done to you, the only way to get a fair hearing and be fully informed of all your options is to discuss your case with an experienced Arkansas injury lawyer.
One wonders about doctors that stop medication for patients before it is wise to do so.
In this interesting, yet disturbing medical malpractice case, a man stabbed his mother to death a few days after being taken off anti-psychotic medication. The man’s father filed a medical malpractice lawsuit against the physician who made that decision.
In this reported case, the story began in 2001, when John Doe (names have been changed to protect their identities) first started treatment for violent tendencies and sexual compulsions at a local health center run by Dr. X. A part of the treatment for John Doe was anti-psychotic medications, which seemed to deal with his symptoms well enough that they were subdued. Doe was on a cocktail of medications to alleviate his angst.
In 2002 however, the doctor took Doe off two of the most powerful medications he was taking as there were concerns that the medication might lead to a potentially dangerous syndrome. Once taken off those drugs, Doe started experiencing horrendous nightmares about the devil wanting him to do evil things. A few days later, Doe attacked his mother and killed her by hitting her in the head with a battery charger and stabbing her 72 times.
Doe’s father consulted a personal injury lawyer and filed a medical negligence lawsuit against the doctor, stating that in making the decision to take his son off his anti-psychotic medications, it had caused him to kill his mother. The first time the case went to court, the judge said the doctor was not at fault for Doe’s action. On appeal though, the decision was reversed, sending the case on its way to the Georgia Supreme Court.
The Georgia Supreme Court ruled that the father could move forward with his lawsuit, despite the fact that there were many painfully evident questions about Doe’s competency and sanity at the time of the killing. Will they win their case against the doctor? Chances are the family will likely win the case, as there may well be enough evidence to prove direct causation between Doe being taken off his medications and the subsequent attack that killed the mother.
Cases like this typically employ the use of expert medical witnesses to testify as to whether Dr. X was negligent in taking Doe off two of the medications that were keeping him under control. Certainly, there will be a “risk of keeping him on the drug versus him not being on the drug” kind of analysis to address whether or not another doctor in the same area of practice would have done the same thing, and therefore it would be acceptable.
Based on the cursory facts that we do know, there does appear to be a chance the family may win its case. However, having said that, each case is different and the expert medical witness testimony will be crucial to the eventual outcome.
Have you been in a similar situation, where a doctor has given you medications that caused a mental, emotion or other dangerous side effect? If so, do not second guess your feelings. Call an experienced Arkansas injury lawyer for advice. It will be a call well worth making. An Arkansas injury lawyer will be able to advise you on the nature of your case, and whether there is enough evidence to move forward to justice.
Running a business is not the easiest thing in the world. Knowing how to resolve business disputes is a major asset.
Running a business is something most entrepreneurs revel in. They thrive on the adventure and develop some finely tuned skills to run their businesses. If their business gets big enough, they may even hire people to work for them. Success is something most business owners strive for and the best way to be successful and on top of your form is to know how to solve and resolve business disputes. We’re all human and from time to time, things hit the fan. It’s the mark of a smart businessperson to know how to nip disagreements in the bud.
The first thing to try is direct negotiations. Cut to the chase and get it done. This is considered to be one of the most cost effective ways of handling disputes. That isn’t to necessarily say this is an easy method, because it often isn’t. Before jumping off into uncharted waters and attempting direct negotiation, look at the issue causing the problem from every possible angle.
For example, one of the things you need to ask yourself before you start is if you really want to keep a relationship with the other party now or for the future. You might also want to consider if you really want to deal with the dispute at all. For extra input on your situation, contact a knowledgeable Arkansas business dispute lawyer.
While that may sound counterintuitive, there are situations where some things are best left alone for a variety of reasons. Know what those reasons are before starting something you might not be able to finish. Also, walk a mile in the other side’s shoes. This gives you a much broader perspective from which to work. It may also provide a solution to the sticking point.
Mediation is also a good recourse, where a neutral third party moves things along to resolution. The mediator is not the decision maker, but instead, the facilitator who helps both sides reach a mutually agreeable resolution. Keep in mind that any talks during mediation can’t be used in court for the simple reason that the information is confidential. If you aren’t sure about the rules, call an Arkansas business dispute lawyer for help.
You might also want to try arbitration, where an arbitrator hears both sides and then makes a decision; sort of like a judge. In arbitration, the decision is binding and even if the parties involved don’t like the decision, it’s a done deal. This process is generally longer than mediation.
When all else fails, there is always litigation, something most people want to avoid due to the costs. The case goes to court and the judge makes a decision based on the evidence – meaning which party is in the wrong. If you have to go to court, then you do what you have to do. But the vast majority of business disputes are settled out of court, usually because each side figures they might lose if they actually start a trial.
When in doubt about what will work in your situation, contact a seasoned Arkansas business dispute lawyer for advice. It’s the best money you will ever spend.
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 Pedestrian Accident Leads to Death of Former Nurse
- Tangled Web of Events Leads to Death of Former Nurse in Car Pedestrian Accident – Arkansas Injury Lawyer
- Hospital Errors Are a Silent Killer
- Think Insurance Fraud Is No Big Deal, Then Think Again Suggests Arkansas Injury Lawyer
- Arkansas Personal Injury Lawyer Indicates the Golden Years are a Myth When Abuse is Involved
- July 2012
- June 2012
- May 2012
- April 2012
- February 2012
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- August 2010
- July 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- December 2009
- November 2009
- August 2009
- July 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009