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Arkansas Personal Injury Lawyer Says Justice Is Not Always Fully Served, Disgracing the Justice System
Two women served a mere 42 days for abusing nursing home residents. This is not right.
“This case just made me see red,” indicated Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “Residents in nursing homes are in need of special care. They are there because they need help, and are to be treated with dignity, respect and caring. When a nursing home caretaker commits abuse, the most fundamental trust of all is shattered. It is unconscionable.”
The facts of this case are highly disturbing, not just because of the age of the perpetrators and their trusted role in caring for home residents, but because of the nature of their disgusting actions. The two women in question worked for a home run by a local society; a home that took care of Alzheimer’s patients. The two women were two of six charged with disgraceful, and illegal conduct that included physical, emotional and sexual abuse of patients*
When all was said a.d done, it turned out that the pair only served 42 days of their 180 day sentences, and were released. For some inexplicable reason, t(e two were handed a sentence of three separate 60 days periods behind bars, but were allowed to petition the court, after they concluded their first 60 day incarceration, to waive the remainijg sentences. This despite the horrific nature of their deeds; actions thaT had one acc5sed sobbing in court and stating she was extremely sorry, and the other admitting her actions were dumb and harmed others.
Perhaps part of the reason why the abusers sentences were staggered in such an odd manner, and apparently treated with a troubling degree of leniency, is the fact they were each charged with three counts of disorderly conduct by a caregiver. This hardly reflects the nature and extent of their inexcusable actions.
“There are times when justice is not totally served. That is obvious in this particular case, and life has a way of leveling the playing field in time for the convicted abusers. However, having said that, cases I have worked on had totally different outcomes, and justice ‘was’ done. That is my job; to ensure that someone who is harmed in a nursing home is vindicated and kept safe from further harm. If you suspect someone you care about is being abused, call me. Together, we ‘will’ put a stop to it,” Smith said.
Learn more by visiting http://www.Arkansasdawhelp.com
Michael Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting
Doctors Lie to Patients to Avoid Accountability Says Arkansas Personal Injury Lawyer
We trust our doctors to do what is right for us. Are they lying to us?
“The hard to swallow truth is that doctors do lie to their patients, and they have admitted that themselves in a recent survey,” says Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “Shocking? Perhaps not, as many of the medical malpractice clients I speak to are certain their doctor lied to them. Often, they are right.”
People trust their doctors to get it right the first time, to diagnose what is going on with us and to recommend a course of treatment or surgery, as required. It is expected that the doctor, with all that medical training, will not make a mistake. That trust is often misplaced, as a recent survey shows. The study, headed up by the Mongan Institute at Massachusetts General Hospital, took a look at 1,800 doctors, and asked them about hiding medical errors from their patients.
“The results were rather disturbing, and showed that one third of those surveyed did not totally agree with telling their patients about serious medical mistakes. Furthermore, one fifth disagreed with a statement that said doctors should never tell a patient something that is not true. As for a physician’s relationship with drug and medical device companies, many felt they did not need to tell patients about their financial links,” Smith added.
Nearly 20 percent of the 1,800 doctors participating in this survey indicated they held back information from a patient about medical mistakes during the past year. Researchers who analyzed this data also pointed out that the results just show the tip of the iceberg, meaning doctors are likely hiding more than they are willing to admit to anyone.
While many Americans were brought up to not tell lies, it seems doctors across the nation have either forgotten that past lesson or are deliberately ignoring it. “My money is on ignoring it, for the very reason that they do not want to be held accountable for medical errors. I could name a long list of medical malpractice cases in which the patient suffered horribly due to medical negligence, and it was quite plain to see. Nonetheless, on the other side of the court room, the order of the day was deny, deny, deny. Something is wrong with that picture, and patients know it,” Smith insisted.
Michael Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting
Med Mal Looks Different from the Point of View of a Victim
Medical malpractice takes on a life of its own when a questionable doctor’s treatment history is revealed. Most patients do not know the real secrets hiding in a doctor’s track record.
“There are many ways to regard medical malpractice, and typically, a victim will look at it differently than someone who has had no problems with a practitioner. The thing is, many people are not aware of their doctor’s track record, unless something bad happens. For instance, take the case of a St. Louis neurosurgeon, who had been sued for malpractice nine times. If his patients had any inkling of that, they’d probably have switched doctors,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
Or, consider the case of a Duluth doctor who had so many lawsuits about to be filed against him, that it turned into a class action lawsuit representing 21 female victims. The reason for the suit? The doctor was inappropriately touching women during examinations.
“There are countless other cases that we have heard and read about. The disturbing thing is that many victims don’t understand that being sued for malpractice or settling a med mal case doesn’t mean the physician is guilty or they are admitting they did wrong. In the eyes of a court of law, a settled med mal case is ruled as dismissed,” Smith said.
And what do hospitals say in response to questions about a member of their staff being sued so many times it becomes shockingly clear there is something wrong? “Many hospitals will take a defensive stance and offer the observation that the doctor’s legal problems are no worse than other doctors practicing in the same area. While that may or may not be the case, you have to surmise that is a large number of people are filing a lawsuit and competent medical malpractice lawyers are representing the clients, something’s up,” Smith said.
Med mal lawyers just do not take any old case to court. They go, knowing they have a solid reason to be there, and can likely prove negligence. If the state where the alleged act took place has med mal damages caps in place, they go knowing their client will not get what they deserve, but they go because the issue is important and the case needs to be heard.
“Tort reform is not what it is cracked up to be. It would be a good idea to check that out before assuming that all med mal cases are frivolous and only launched due to a jackpot mentality. That is not the truth,” Smith said.
Learn more by visiting http://www.Arkansasdawhelp.com
Pogo Sticks the Cause of Personal Injuries for Children States Arkansas Injury Lawyer
Most slip and fall accidents happen when someone slips on something and hits the ground. Bravo Sports has turned that concept on its head with failing pogo sticks.
“It had to happen. Someone creates a product that kids, and adults who feel like kids, use for the fun of it, and that defective product causes them to fall, putting them at risk for serious lacerations, head and spinal cord injuries and broken bones,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
Over 169,000 pogo sticks have been recently recalled when it was revealed that the bottom of the stick’s frame may break or come apart, and that the spring holding it in place can break. When that happens, the user generally hits the ground.
“Who inspects these things before they get to market anyhow? And why don’t they catch things like this before someone is hurt? These are questions I hear quite a bit from those injured in accidents involving defective/recalled products. These are personal injury accidents and the maker of the product is liable for any harm caused a consumer. When that harm comes to a kid, that is reprehensible,” Smith said.
The pogo stick maker only knew about the problem with the sticks when they started to get calls about children being hurt. As a result of those reports, which thankfully did not initially involve very serious injuries, the sticks were called back. The recall affected Twin Stick Pogo, Monster Stick Pogo, Pop Stick Pogo and Rocket Stick Pogo.
Consumers could get a complete refund for the product, which is nice, but if someone did not hear about the recall, as does happen in many cases, anyone harmed, despite the recall notice, would be able to sue the maker of the product and possibly the product’s seller.
“Sometimes people buy a product, experience problems with it and just toss it out. Those are the lucky ones. For those who get a product that is capable of doing serious harm, such as a chainsaw with a faulty finger guard, this is another matter. These pogo sticks have the potential to really cause bad injuries, as odd as that may sound. But consider what happens when a young child falls off a pogo stick and happens to hit their head on the ground. If you have any questions about a similar situation, don’t hesitate to call a personal injury lawyer. It’s your right to do so,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Tiny Sewing Needle Results in Lawsuit Reports Arkansas Injury Lawyer
Truth is stranger than fiction. That was certainly the case when a woman found a 2-inch long needle in her food while eating at a restaurant.
“When you hear about this kind of story, it makes you think twice about eating out. Sure, these days you potentially deal with contaminated, poorly cooked or spoiled foods, along with other cooking disasters, but no one would have ever dreamed they would find a 2-inch sewing needle in a plate of mashed potatoes and ribs,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
In a story right out of a bad horror movie, a woman went out for an evening meal at a local restaurant and was mid-way through a plate of ribs and mashed potatoes when something sharp pierced her tongue. It turned out to be a 2-inch, razor sharp sewing needle. “Certainly not something you would ever want to experience for any reason,” Smith said. “On pulling the needle out of her tongue, the workers at the restaurant whipped it out of sight. Later, when the family went back to get the needle to get it tested, the management refused to turn it over.”
The woman eventually filed a lawsuit when it took the restaurant 52 days to send the needle to a lab to be tested. “Thankfully, it was clean for hepatitis, HIV and other potential infections, but the nursing mother had to stop giving her baby breast milk in the meantime, just in case,” Smith said. “Not to mention spend 52 days or longer with the anxiety of wondering if she had contracted anything as a result of having her tongue involuntarily pierced by the needle.”
The twist to this story is that it is believed that the needle belonged to one of the chefs on staff and he used it to clean his marijuana pipe. And, not only that, but that it appeared that the rest of the staff and management were aware of the chef’s ongoing use of the drug. Talk about a bizarre twist to a personal injury story.
“Would this woman get compensation in a court? Likely, given the nature of the event and the concern about having contracted an infectious disease. Would the restaurant be held liable for negligence? Possibly, yes. Would the chef be held liable for negligence? Most definitely, unless he could prove that it was not his needle and that someone else used it. Really, who smokes marijuana and cleans their pipe out while they are cooking?” Smith asked.
Personal injury cases are not always straightforward, as this one clearly demonstrates. What is clear is that any negligent action that one person engages in may have an impact on another. For those serving others, in any capacity, they must offer their product in a safe manner and if they do not do so, there are typically consequences that they must take responsibility for in the final analysis.
Learn more by visiting http://www.Arkansaslawhelp.com
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
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
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
Make Sure an Insurance Policy Really Exists Cautions Arkansas Personal Injury Lawyer
Just because someone pays for insurance and gets a receipt, it does not mean they actually have insurance. A person should always confirm that they have it.
“This case stunned a whole lot of people who trusted and relied on an insurance agent to do what she said she would do, but ultimately, never did. It seems this case involved an insurance agent/broker who was consistently stealing the insurance premium money from her clients,” said Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.
The woman’s home community was in shock when they found out the local insurance broker had been stealing premiums from her clients. Unfortunately, it did not appear that this latest case was something new. In fact, two local residents had filed a lawsuit in 2008 after they had an accident and found out they did not have insurance coverage. The light-fingered broker agreed to pay the plaintiff in that case $8,500.
In April 2009, another insurance broker sued the broker in small claims court for $5,100 that was a down payment for 26 car insurance policies. The thieving female broker did not show up for court and there was a default judgment issued. “In May of the same year, the female broker was sued by another insurance agency claiming she sent fraudulent checks that bounced. She once again chooses to not go to court and the plaintiff is awarded a default judgment in the amount of $16,213,99,” Smith said.
In 2010, there were a further two small claims actions against the same female broker, for similar reasons. The end result of all this illegal activity? The woman was charged with 33 felonies on behalf of 13 clients, covering the time period from 2006 to 2010. The key to her scam appeared to be that she sold homeowners and auto insurance, but did not turn in the paperwork or all of the premiums collected. Since the full premiums were not sent in and there was no paperwork, the policies were never issued.
“In one other case involving the female insurance broker, she charged a 94-year old woman close to $3,000 over four years for an insurance policy she did not have. If there had been a fire, the elderly woman would have lost everything she had,” Smith said about a situation too distressing to consider. There are still investigations into who else did not get insurance, despite paying premiums.
“It seems the scams did not end with stealing premiums and the woman also handed out insurance ID cards for invisible, nonexistent auto policies. It turns out that five of her clients were involved in accidents and all of them thought they had insurance, but did not. It is quite the mess and the lesson here is to always make sure you do have insurance,” Smith said.
“This type of conduct is reprehensible and it appears that it is also far too common in the insurance industry. While you may think you know your insurance agent, double check to make sure you actually have insurance,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
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
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