News

Car Pedestrian Accident Leads to Death of Former Nurse

Reckless driving and DWI are to blame in an accident that killed one, injured another.

“A bizarre set of circumstances has led to the death of a former nurse,” said Michael Smith, an injury and accident lawyer, practicing personal injury law in Arkansas. This was a chain reaction crash, caused by two drunk drivers, both senior citizens.

“According to the police report, the 68-year-old former nurse stopped to help a pedestrian she had grazed with her car. She got out of her vehicle to help him off the street. As she was doing that, a Chevy Cavalier driven by an 84-year-old man sped through the intersection, slamming into the nurse and the man she was trying to help. As the nurse was lying in the middle of the road, the second driver, a 74-year-old who was drunk behind the wheel of his pickup truck, ran her over,” Smith said.

Although both drivers did initially stop at the scene of the horrific accident, the second driver fled as emergency response crews began to arrive. The nurse and pedestrian were taken to the hospital, where the nurse died. The pedestrian survived.

Police charged both with DWI. The first driver was also charged with second-degree vehicular homicide and assault by auto. He was held on a $50,000 bail bond and ordered to have an interlock device installed, presuming he was able to raise the bond money. The second drunk driver was charged with leaving the scene of a fatal accident. His bond was set at $25,000, and he was also ordered to have an ignition interlock installed.

“While both drunk drivers did pay a penalty of some sort, it won’t bring back the woman, nor heal the seriously injured victims of their reckless driving. Will the nurse’s family file a wrongful death lawsuit? It’s likely they will. Will the injured pedestrian file a personal injury lawsuit? He likely will. Each of the victims is seeking to recover compensation for their injuries,” Smith said.

To take a personal injury lawsuit to court, there must be negligence involved. It is clear from this accident that two people were negligent to the extent that it was the direct cause of the pedestrian’s serious injuries and the nurse’s death.

“If you’ve been in an accident, it’s important to know what your legal rights are. You will have bills to pay, insurance companies to deal with and a great deal of stress and anxiety. An experienced personal injury lawyer can help you deal with your case,” said Smith.

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

Michael Smith is an injury and accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting

 

Wednesday, July 11th, 2012 News No Comments

Tangled Web of Events Leads to Death of Former Nurse in Car Pedestrian Accident – Arkansas Injury Lawyer

Car accidents happen without warning. Serious injury or death is the result in many instances.

“This was an unusual case, in the sense that it was a bizarre set of circumstances that led to the death of a former nurse,” recounted Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. This was a chain reaction crash, initially sparked by two drunk drivers, both senior citizens.

Driver number one was 84-years-old. Driver number two, is now 74-years old. Police charged both with DWI and other traffic offenses in the crash that killed a 68-year-old former nurse; the Good Samaritan in this case. The other related offenses for the first driver were second-degree vehicular homicide and assault by auto. The second drunk driver was charged with leaving the scene of a fatal accident.

“According to the police report, the former nurse, stopped to help a pedestrian she had grazed with her car. She got out of her vehicle to help him off the street. Just as she was in the midst of doing that, a Chevy Cavalier blasted through the intersection, slamming into the nurse and the man she was trying to help. As the nurse lay in the middle of the road, the second driver, drunk behind the wheel of his pickup truck, ran her over,” Smith outlined.

Although both drivers did initially stop at the scene of the horrific accident, the second driver fled the scene as emergency response crews began to arrive. The nurse and pedestrian were taken to the hospital, where the nurse died. The pedestrian survived. One drunk driver was held on a $50,000 bail bond and ordered to have an interlock device installed, presuming he was able to raise the bond money. The second driver had a bond set at $25,000 and was also ordered to have an ignition interlock installed.

“While both drunk drivers did pay a penalty of some sort, it won’t bring back the dead, nor heal the seriously injured victims of their reckless driving. Car accidents can happen on the drop of a dime. Death often happens that way as well, particularly in cases like this one. Will the nurse’s family file a wrongful death lawsuit? It’s likely they will. Will the injured pedestrian file a personal injury lawsuit? He likely will. Each of the victims are, in their own way, seeking to recover compensation for their injuries,” Smith explained.

To take a personal injury lawsuit to court, there must be negligence involved. It is clear from this horrific accident that two people were negligent, to the extent that it was the direct cause of the pedestrian’s serious injuries and the nurse’s sudden, brutal death.

“Have you been in an accident similar to this? If so, don’t wait another minute to find out what your legal rights are. You will have bills to pay, insurance companies to deal with and a great deal of stress and anxiety. It’s my job to help you deal with your case. I’d be happy to talk with you,” suggested Smith.

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

Michael Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting

 

Monday, June 11th, 2012 News No Comments

Hospital Errors Are a Silent Killer

There are over 200,000 deaths each year related to medical errors that go reported.

“People can and do die from strokes, cancer and similar diseases,” said Michael Smith, an injury and accident lawyer, practicing personal injury law in Arkansas, “but we rarely hear about the silent specter of death that walks down the hallways in hospitals: medical errors. They are more prevalent than anyone wants to admit because they don’t want to get sued.”

The leading cause of death in the U.S. is heart disease, followed closely by respiratory diseases, stroke and car accidents. The statistics are understandably difficult to unearth about hospital errors that result in death.

“The unnerving statistics that reveal death by hospital error are enough to make one wonder what is going on in the health care system today. There are over 200,000 deaths related to nosocomial infections and medical errors that aren’t noticed and aren’t reported. That is a staggering number of people whose lives are gravely affected or end in an unexpected death. In short, the health care system is killing patients by making mistakes,” Smith said.

There are an astounding number of injuries that may happen while a patient is in the hospital; they range from a doctor prescribed drug overdose to shredding internal organs during an operation, operating on the wrong person or body part, to surgical tools left inside the body. While it’s difficult to understand how such things could happen, they can and do.

“Why do hospital errors go unreported? The fact is there are only 20 states that mandate medical errors be reported. However, there is seemingly little in the way of enforcement and even less in terms of consequences. Throw in doctors who stand to lose a great deal by reporting an error, and the culture of silence continues to proliferate, even to the point of altering a death certificate. Add a hospital that stands to lose money by reporting errors, and the picture gets murkier. And what about the patient you ask? Good question. That’s what I am here for,” said Smith.


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

Michael Smith is an injury and accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting

Friday, June 1st, 2012 News No Comments

Think Insurance Fraud Is No Big Deal, Then Think Again Suggests Arkansas Injury Lawyer

There are many reasons why insurance premiums may be high. One of them is insurance fraud.

“Americans don’t realize that insurance fraud losses are reflected in higher premiums. If you think insurance fraud is not a big deal, consider the $14 million on the table that one major U.S. insurance company is attempting to recover from 111 defendants. That same insurance company has just launched its fourth major insurance fraud lawsuit for 2012, and the amount they want to recover is staggering,” explained Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.

Recovering money in a fraud situation, means filing a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO), in which defendants are alleged to have taken part in various schemes and cons, to submit false and misleading invoices for items such as orthotic devices, medical equipment and supplies. Since 2003, this insurance company has filed 40 fraud lawsuits seeking to recover over $217 million.

“It could well be viewed as an epidemic of greed on the part of those fleecing the insurance company. In retrospect, those who attempt to pull off this kind of scam should know there is an enormous risk of getting caught, and the consequences are not worth it,” Smith said. What this means for others, who submit legitimate claims and pay their premiums on time, is that they are paying out extra money to cover fraudulent claims. “Call it a fraud tax if you will,” he added.

Part of the problem, in some states where insurance fraud is rampant, is the state has a no-fault law, which companies and individuals find easy to exploit in a grab for more money.”The interesting thing is this; the lawsuits were not launched until relatively recently, which means it took the company some time to figure out where the losses were occurring. Fraudsters can be smooth and quite inventive in their quest to get rich quick on the back of insurance companies. However, justice does catch up with them eventually,” Smith observed.

Will the recovery of the lost millions result in lower premiums over time? “Good question and you would like to think that would happen. However, that may not be the case. Operating at a deficit for a period of time tends to strain company resources. Even recovery of the money may not completely cover the long-term losses, but instead, may put the company back on track,” he remarked.

“For those thinking about ripping off an insurance company, be aware that your actions will be detected. Are the ill-gotten gains of crime worth risking your reputation and that of your company? That depends on how much time you want to spend in jail,” Smith observed.

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

Michael Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting

 

Friday, May 11th, 2012 News No Comments

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

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Tuesday, August 9th, 2011 Auto Accidents, News No Comments

Deceased Doctor Pedophile Sued for Medical Malpractice

This is one of the most bizarre cases on record. A deceased doctor’s estate sued for medical malpractice.

Just when you think you might have heard just about everything, and nothing would surprise you, along comes a truly strange tale; a tale from the grave. This is a reported story about a doctor who, during the course of what he referred to as “growth studies,” took thousands of pictures of naked kids as he was masturbating them. It’s a story about a hospital that let the man run amuck without supervision. It’s a story about innocent children who were victims of a warped mind.

The malpractice suit stated that the hospital failed the children, thanks to negligent supervision, and also breached their special duty of care to them. The defense argued it was not their job to supervise the unknown, kinky behavior of the doctor in charge of a project and their main concern would have been to supervise research protocols. The plaintiff is asking the court for between $5 and $8 million. There was not just one plaintiff involved in this horrendous case; there were an estimated total of 94 plaintiffs, seeking justice.

The shocking revelations that the deceased Dr. Reardon had engaged in sexual abuse came to light as the result of a strange twist of fate. The new owner of the doctor’s house was remodeling, when he broke open a wall where a cache of over 50,000 pictures were nestled – slides of naked girls and boys, with some of them posed in sexually provocative positions.

Evidence at trial showed that the hospital did not take any measures to check Reardon’s “growth study” between the mid-60’s and 80’s, when the first of many complaints were made to the state medical board. Dr. Reardon died in 1998, with no one the wiser about his unethical activities, until the pictures were found in 2007. He was never sued civilly.

The deceased doctor had children come into the hospital on a regular basis and measured their genitalia with calipers, roughly every six months. Although no one was quite sure why a doctor with zero for experience in the area of pediatric medicine was conducting this study, no one asked any questions.

In the meantime, Reardon, the chief of endocrinology, was masturbating children on a regular basis. Counsel for the plaintiff suggested that if the hospital had bothered to supervise the study, Reardon would have been caught and the pain and humiliation his victims suffered would have been put to a stop. All it would have taken was a systematic review of what the doctor was doing in his office on the fourth floor of the hospital. After all, the hospital bought enough film for 38,000 pictures. Wasn’t anyone wondering where those pictures were and what they entailed? Evidently not.

Medical malpractice? Yes, in a different form than what we typically think of malpractice as being, but malpractice nonetheless. Not everyone will be involved in a case like this, but obviously, the truth is stranger than fiction. This is one of the reasons why, if you suspect you have been the victim of some form of medical malpractice at the hands of a medical professional, don’t wait at home, second guessing whether you have a case or not. Pick up the phone and call a seasoned medical malpractice lawyer and find out if you “do” have a case and cause worth pursuing in the courts.

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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Wednesday, June 15th, 2011 Medical Malpractice, News No Comments

Gruesome Auto Accident Kills Tow Truck Driver Reports Arkansas Personal Injury Lawyer

Personal injury accidents resulting in wrongful death may be horrific. This case is a prime example.

“This was a horrible case and the man killed suffered terribly before he died. His family faced a very difficult time trying to cope with his loss and move forward with their lives,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “While I was not involved in this case, when I read it, it brought to mind that personal injury accidents may happen anytime, anywhere and those involved would need skilled legal assistance.”

The man went to work as he always did every day and hopped into his tow truck, wondering what the day would hold for him. He got a call to tow an illegally parked SUV. In the middle of trying to hook it up to tow away, the woman who owned the vehicle got into it and drove away. The man’s leg was tangled in the tow cable used to hook the SUV to the truck. It broke as the SUV was speeding away.

As the SUV was racing off, it was dragging the man behind it. As a consequence of this brutal dragging, his leg was torn from his torso and both his legs were ultimately severed. Although he was rushed to hospital, he died a short time after arriving. “The police tracked down the driver of the SUV. The outcome of this case will be anyone’s guess, but the family of the deceased man will no doubt want to talk to a skilled injury lawyer,” Smith said.

Cases like this are incredibly difficult to handle for everyone involved, particularly given the cause of death and the circumstances leading up to it. Negligence? Certainly a case could be made that the driver was negligent in driving away while the tow truck operator was right there hooking her vehicle up. Recklessness? It was definitely reckless to take off speeding when a person was right behind her vehicle. She also dragged him far enough that she should have realized something was wrong.

Wrongful death? Yes, definitely. And in this case, there may be the possibility of punitive damages for egregious behavior. Certainly there would be a case for substantial damages given the nature of the case and the trauma the man suffered prior to his death.

“While no one wants to think they are profiting from a loved one’s death, the facts are that in cases like this there is generally insurance money involved. The deceased’s family should be entitled to that after all they have been through. They have lost a loved family member, they should not be left financially destitute as well,” Smith said.

To get aggressive representation and a fair and equitable settlement or court verdict, a case like this would be best in the hands of a skilled Arkansas injury lawyer.

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

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Tuesday, May 31st, 2011 News, Press Releases No Comments

Big Rigs Cause Major Injuries in an Accident Indicates Arkansas Injury Lawyer

The highways of the nation are crawling with traffic. Just about seven out of every 10 vehicles is a big rig.

“It is not much of a surprise that big rigs accidents are quite common, not when you have as many of them on the roads as the statistics indicate – just about seven out of 10 vehicles are 18-wheelers. The more of these big guys you have, the higher your accident rates,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.

Who causes those big rig versus car accidents? That is a good question and one that varies, given the circumstances. It may be that the big rig driver changes lanes without taking a good look in his mirrors, or it may be that just when he goes to change lanes, someone moves into his blind spot. Perhaps car drivers are dogging the big rig, getting too close to the tail end. If that rig slows down, the driver too close to the semi usually ends up under it.

There are also drivers who, for whatever reason, pull right out in front of an oncoming rig. The writing is on the wall in that case. The trucker cannot stop and may not be able to swerve. If they can swerve, this often results in a jackknife accident. “In other words, if you are driving in the presence of big rigs, get educated and stay out of their way. It may save your life,” Smith said.

In the aftermath of a rig versus car crash, even though the injuries are fresh and pain clouds clear thinking, act fast to contact an Arkansas injury lawyer. Preserving evidence of the wreck is crucial in cases like this. If the plaintiff has not contacted a lawyer, they run the risk of evidence being lost or misplaced; evidence that could help them win a good settlement in court.

“When we look for evidence, we’re searching for the trucker’s log book, the black box, the maintenance log book for the truck and the trucker’s driving record. We don’t leave any stone unturned, but in order for us to provide the maximum legal assistance to a trucking accident victim, we need to be there within hours of the wreck,” Smith said.

Take the case of the trucker who rammed into another light truck in the middle of a major intersection during morning rush hour. The 18-wheeler driver said he had a green light. The light truck driver said he had a green light. Since there cannot be two green lights at once, the plaintiff’s lawyer demanded the truck’s black box and called in an expert witness; an accident reconstructionist. The end result? The trucker had a red light and ignored it, trying to run a yellow. The jury found for the plaintiff, who would never walk again.

If faced with a situation like this, make the first point of contact for legal help, an Arkansas injury lawyer. “It’s my job to help you get justice and fair compensation. It’s my job to make sure you are treated with fairness and have your rights protected. If you have any questions about a situation like this or an accident you may have been involved in, don’t hesitate to call me,” Smith said.

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

Monday, May 30th, 2011 News, Press Releases No Comments

Even Cops Get Into Car Accidents As Shown in Arkansas Case

Being a cop these days is not an easy job. The risks they take on a daily basis often see many injured in the line of duty.

“Take this reported case,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “The officer was parked on the side of the road, doing traffic watches for a ticket campaign to warn drivers about speeding and other road hazards, when another car rammed into his cruiser.”

The officer on duty had already flagged over another motorist for a traffic violation, and when he got back into his vehicle, another vehicle slammed into him. The impact was so shockingly severe that the emergency responders were amazed the officer was not killed. “That has to tell you that the other vehicle was speeding and not paying attention,” said Smith.

The other driver that careened into the cruiser may be charged with a felony, as that is the rule of law in the state where this accident happened. Unfortunately, the accident serves as a visible and visceral warning that when drivers see a police car or construction workers pulled over of the side of the road, slow down and play it safe. “Really, is it worth speeding, not paying attention, landing up in a car wreck and potentially killing another person or yourself? If you don’t slow down, and do wind up in a collision, your only options may be prison time and/or fines. It is worth it?” Smith asked.

Reckless drivers are the bane of police forces everywhere, and unless those who speed, text while they drive, drive while distracted, drive while under the influence or just plain do not follow the rules of the road, get with the program, more lives could be lost.

“Driving is about respecting the rules of the road for the safety of others and for taking care of another’s life. This is a significant responsibility and one that should be respected. If more drivers took this seriously, there would be fewer accidents. For the love of life, yours and others, slow down, take care, follow the rules of the road, and we won’t need to meet to discuss personal injury damages and how you will pay for your medical bills due to a life altering accident,” Smith said.

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

Thursday, May 19th, 2011 Auto Accidents, News No Comments

Drug Prescribed by Doctor Used to Overdose 4 year Old Girl Reports Arkansas Personal Injury Lawyer

When a wrongful death involves a young child, it is heartbreaking. In this case, the parents and the child’s psychiatrist were guilty of causing the child’s death.

“This was a really tough case and it resulted in the wrongful death of a 4-year-old little girl who is dead as a result of an overdose of psychiatric drugs prescribed by the doctor named in the suit. Shockingly, the parents were convicted of killing their daughter by negligently giving her drugs for ADHD and bipolar disease,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.

The settlement in the case was based on the maximum amount of medical malpractice insurance that may be paid out on behalf of a doctor. Because there was a full payout to the maximum allowable limit, the family may assume that the doctor was indeed culpable in the child’s death, even though there was no admission of wrongdoing on the part of the doctor.

“At the time of the little girl’s death, all three of the children had been seeing the same doctor and were receiving the same medications. There were questions about why the doctor was not held criminally negligent in the death as well. Testimony at trial indicated the psychiatrist had been duped by the parents into believing their children had major psychiatric problems. Evidently, this was done so the parents could collect federal disability checks,” Smith said.

The sad part of this whole affair is that the doctor seemingly did not know that the parents were giving extra medication to their children. While it is nice that the case was settled in favor of the estate of the 4-year-old girl, no amount of money will ever make the situation right or bring her back to life. That is part of the reason why people file wrongful death lawsuits – to obtain justice and to get financial compensation for the loss to allow them to continue on with their lives.

Wrongful death lawsuits are not about getting even with the people who caused the death, as compensation will not make up for the loss of a loved family member. Suing for compensation is not about greedy people wanting to punish someone and get money. It is about making the life of the survivors easier. They should not have to suffer financial ramifications as a result of a death caused by someone else.

“Do you know when you have a wrongful death case? If the death of your loved one happened as the result of a drunk driver, reckless, speeding trucker, auto accident, unsafe premises or a defective product or a medication error, like this case, you may have a wrongful death case. By all means, if you aren’t sure, give my office a call. I would welcome the chance to talk to you,” Smith said.

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

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Wednesday, March 30th, 2011 Medical Malpractice, News, Press Releases No Comments