Press Releases
Arkansas Injury Lawyer Indicates Medical Negligence Includes Misdiagnosing Necrotizing Fasciitis
Necrotizing fasciitis has been confused with cellulitis; with deadly consequences. Under circumstances like that, there may be a case for medical negligence.
Even though medical science has made enormous technological advances in the last decade or two, there are some things that still remain the same. One of those is that if a patient has necrotizing fasciitis, it needs surgery, no question about it. It is a fast moving, potentially deadly disease that can accomplish its grim work in a very short period of time.
“There are classic symptoms that are specifically unique to necrotizing fasciitis. Unfortunately, in the early stages of it developing, the signs may also be mistaken for cellulitis. That is a deadly mistake. The way to differentiate between the two diseases is through tests. This is vitally important if the patient has a compromised immune system. In other words, test first, ask questions later and do it fast if there is even the slightest hint of the possibility of necrotizing fasciitis,” said Michael Smith, an Arkansas injury lawyer.
Consider the case of a 51-year old woman, admitted to hospital with an abdominal tumor and suspected brain tumor. Surgery was performed to remove the tumor in the abdomen and the patient returned to her room. Two days later, she complained of pain in the vaginal area and around the stitches in her abdomen. The staff informed the doctor about the pain and on the physician’s initial examination, the diagnosis was cellulitis. The woman was given antibiotics.
At the end of the first day of antibiotics, the pain had increased for the woman to the point she required morphine. The vaginal area and the abdomen were grossly swollen and abscesses were visible in both locations. The doctor realized his mistake, diagnosed necrotizing fasciitis and ordered debridement of the tissue. The debridement didn’t get all the tissue and the infection spread like wildfire to her leg. Her leg was amputated to save her life.
“The patient filed a medical malpractice lawsuit indicating the doctor had not taken the time and care to order tests in the first instance of the presence of an infection; something that would have been the accepted medical standard. The case was eventually settled in favor of the patient. There was a valuable lesson to be learned there: that even though it is possible for a person in the early stages of necrotizing fasciitis to show signs that may mimic cellulitis, it is crucial to run diagnostic tests and find out what you’re dealing with,” said Smith. It is a difference that may save a life.
“If you have been in this kind of situation or know someone who has been, please, do not hesitate to call my office for legal counsel and to find out what your rights are. The first consultation is free. You may ask any questions you like and we can proceed from there, should you wish to retain my services,” Smith said.
Learn more by visiting Arkansaslawhelp.com
Arkansas Personal Injury Lawyer Indicates Elder Abuse Comes in Many Unusual Forms
Abuse is not always evident to the families of those in nursing homes. It pays to be alert and monitor any family members in care.
“Nursing home abuse isn’t always something that family members see right away. It may be subtle things that aren’t immediately detected like pinching, slapping, shoving or hair pulling. In some cases, it may even involve punching residents in locations the family does not see on a regular basis,” said Michael Smith, an Arkansas injury lawyer.
Even though nursing homes are supposed to be places where a family member in need of care is treated with respect and dignity and provided with superior care, the reverse is often true. Nursing homes are jammed to the gunwales, short staffed, overworked, underpaid and overwhelmed with the demands of elderly people unable to care for themselves.
“Unfortunately, along with getting older, you sometimes get cognitive deficits, dementia, Alzheimer’s and other diseases that affect the mind, memory and coordination of your loved one. While you would hope they would get the care they deserve, they don’t always. These days, you pretty much need to be a detective and check on your senior in care very carefully. If at any time you suspect there is something going on, come straight to my office and discuss the matter. There is something we can do about it,” Smith said.
“If you are faced with placing a relative in care, check the home out yourself. Check their reputation. Have they been reported for violations? Have they been sued? Check to see if you can find anyone with a relative there and ask them about any experiences they may have had. Watch how the staff treats the residents. This isn’t a fun thing to do and chances are placing a relative is going to one of the hardest things you will ever do,” Smith said.
Nursing home abuse is a silent and often ugly problem that people want to tuck away out of the light of day. No one wants to know about it. No one wants to see it. No one wants to take responsibility for it and no one wants to admit to abusing another.
It is time that abuse like this was exposed. The way to do that is to discuss any suspicions about abuse with a competent and dedicated Arkansas injury lawyer. “If you want to get to the bottom of a matter relating to a relative you suspect is being abused, I am here to talk to you about your rights and about what we can do to stop it,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Arkansas Lawyer Michael Smith Advises Investors be on the Alert for Scams
Investment scams are a dime a dozen on the Internet. Skepticism is wise when things look too good to be true.
“If you’ve spent any time online looking at the variety of investments you could make, you likely came away with your head spinning. There are literally hundreds of them, and some of them sound terrific. But, and that’s a big but, you need to carefully scrutinize what you are seeing, as there are so many scams these days, you could easily get taken to the cleaners. We only need to remember Bernie Madoff and how many people lost their shirts because of his shenanigans to want to proceed with caution,” said Michael Smith, an Arkansas business lawyer.
Those new to the Internet and to searching for and finding good investments need to put themselves in the scammer’s shoes and try to think like they do. For instance, most of the deals that scream “scam,” are literally too good to be true. They promise huge profits in a short period of time for very little work. “Frankly, there is no such thing,” Smith said. “If there were that kind of opportunity to make scads of cash without doing much, then we’d all be rich and we definitely aren’t.”
It goes without saying that people love to make money. It makes our lives a lot easier. This is the button that the scam artists push. They know people want to make millions without lifting a finger and that people’s greed often overrides their common sense. The point is that any legitimate and legal investment has risks associated with it because that is the way the stock market works. Remember that one rule and it may be easier to spot frauds online.
“If anyone ever tells you something to the effect that the details of the investment and how it works are kept from others, implying you are special, there should be a loud siren going off in your head. This is a favorite scam tactic to make people feel they have inside information, only for them,” said Arkansas business lawyer Smith.
Can’t get a straight answer for trying? No one will provide details of how the investment is supposed to work? “Run in the opposite direction, as this is yet another clear signal something rotten is afoot,” Smith said.
The bottom line is that if someone does get nicked by a scammer, they do have some options open to them and one of them is seeking legal counsel. While that may work, it may be a long and arduous battle to recover any funds.
“To keep your money safe and sound, keep it in investment vehicles that are safe and well regulated. While they may not be as pretty as some of the other offerings online, they will return money in the long run, not rip you off,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Business Disputes Can Get Ugly Admits Arkansas Business Lawyer
Keeping a lid on business disputes is not always easy. People will be people and disagree, even when it is counterintuitive to a functioning business.
“Believe it or not, even smart business entrepreneurs can get embroiled in a difference of opinion with someone else and get right out of hand over the whole thing. Yes, they may even go against their own self interests and compromise something of great value because they’re being irrational. It happens when business matters heat up and begin to involve emotions. When emotions are involved, it’s tough to do negotiations or come to a reasonable resolution,” said Michael Smith, an Arkansas business lawyer.
Ideally, when it comes to business, there is not any room for egos to bull into the arena and create havoc. Unfortunately, this happens more often than not when high stakes business ventures are on the table. Personalities get mixed into the milieu and one thing leads to another, creating a disaster and a call for legal counsel. Litigation is expensive and there are usually winners and losers. That is just the way it is.
“In this day and age, there are even more solutions to differences of opinions such as negotiation, mediation and arbitration. Using these alternatives may take the sting out of the ego and allow both sides to focus on what the real issues are – a different way of doing business that the parties involved aren’t sure will work. While ego has a place in business creation and success, it doesn’t have a place when it comes to resolving an issue that is ultimately for the good of the whole corporation and their customers,” said Arkansas business lawyer Smith.
Leaving the ego at the door is a marvelous idea that will, in the long-term, wind up with a just and equitable solution to a problem involving how a company is run. It is wise to have legal counsel on hand for matters such as this, as when spite is about to do something short-sighted and tank something that only needs a slight tweaking, legal counsel is the voice of reason. After all, some of the choices made by an irate businessperson may ultimately backfire legally. There is no point in that.
When all else fails, retreat is another position to consider. However, in order to keep the wheels of commerce on the bus, it’s best to slog through the dispute and ask for sound and knowledgeable legal advice from an Arkansas business lawyer and resolve the issue in favor of the consumers.
Learn more by visiting http://www.Arkansaslawhelp.com
Arkansas Injury Lawyer Smith Advises Bruises May Be Sign Of Elder Abuse In Nursing Homes
Nursing homes are meant to be places of safety. Unfortunately, this isn’t always the case.
“If you’re in the situation where you need to place a loved one in a nursing home, you want to know they will be safe, treated with respect and dignity and will be well cared for. The last thing you want to find out is that they are being abused. While you might not want to think about that, this does happen in a great number of nursing homes. Your loved one may be facing physical or emotional abuse on a daily basis. Are you aware of what is going on in the nursing home?” asked Michael Smith, an Arkansas injury lawyer.
Those who aren’t certain what is going on in a nursing home and whether or not their relative is indeed safe should watch for the sometimes-subtle warning signs. This is actually a very significant responsibility for those with family members in a home, as seniors are not throwaway people to be ignored and treated badly. They are people who deserve respect and protection. If they are not getting what they deserve, it’s crucial to consult with an Arkansas injury lawyer to put a stop to the abuse.
Physical abuse tops the list of atrocities that seniors may face every day; abuse that inflicts physical harm. This may involve slapping, hitting, pinching, shoving or other forms of direct physical contact. There is also a more subtle form of indirect abuse that may involve food deprivation or withholding needed medications. This kind of abuse virtually ensures long-term trauma for seniors who have to rely on the help of others while in the home.
“While it might seem obvious to say look for bruises, I don’t necessarily mean bruises on their hands and arms, although that is a common location. There may be bruising and welts in other locations as well. Be aware of their physical condition at all times, as any change may signal they are being abused. For instance, inner leg bruising may indicate sexual abuse. If you don’t know, don’t waste time arguing with management, contact a skilled personal injury lawyer and find out what can be done,” Smith said.
In some cases, abuse manifests itself as broken bones, sprains and dislocations in the hip area; usually a result of being shoved and pushed about by a caregiver. This causes hip dislocation and a possible fall. Shoulder injuries may also arise from rough handling.
“Look for broken glasses that may be a result of someone applying force to their face. Also be alert for rope marks on wrists, a sign of illegal restraint. The bottom line is, if the nursing home isn’t happy to have you visit your mom or dad or grandparents alone, be wary and alert,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Arkansas Accident Lawyer Smith Sees Drop in Lawsuits When Doctors Say Sorry
Something as simple as an apology may reduce the number of medical malpractice lawsuits. It’s an innovative approach to a touchy problem.
“If your doctor said that he or she was really sorry about what happened to you, would you perhaps make the decision to not sue them for medical malpractice?” asked Michael Smith, an Arkansas accident lawyer. It seems that might just happen in some instances.
This is a new approach to doing medicine being implemented in the University of Michigan health system and is a deceptively simple program that has resulted in a dramatic drop in medical malpractice lawsuits. “What does it involve? Well, oddly enough, the program promotes medical professionals taking complete responsibility for any medical error they made and acknowledging it was an error. Evidently, malpractice suits have dropped by 60 percent,” Smith said.
This new way to practice medicine is patterned after the Texas program dubbed “Sorry Works,” and it seems to be working well for the University of Michigan. The program sees those who have made medical errors admit to the error, say they are sorry for the mistake, implement procedures to avoid it happening again and offering reasonable compensation for any harm caused. This simple, yet effective approach has diverted a lot of malpractice suits.
“Stop and think about that one for a minute. If you had come to harm at the hands of your doctor and they in turn denied responsibility and liability for the error, how would you feel? Most patients would feel victimized and want to sue to recover compensation for their medical bills, pain and suffering, etc,” said Arkansas accident lawyer Smith.
“On the other hand, if the doctor came to you and said right upfront that they made a mistake and were very sorry for it and worked to ensure it never happened again and even offered you compensation, what would your reaction be?” he asked. Chances are, if a patient injured at the hands of a medical professional gets a heartfelt apology, they won’t sue. Human beings appreciate sincerity and honesty, even when it comes to medical mistakes that may have harmed them.
This kind of an open approach to dealing with malpractice is a refreshing change from the deny everything routine and hiring the best defense lawyers going to squash the claim and the claimant. All victims really want is for someone to take responsibility for their mistakes, and that includes medical professionals – who are, after all, human beings who can and do make mistakes.
When it’s evident a mistake has been made and the doctor/nurse denies it, many patients seek legal redress out of desperation and a sense of being wronged. “Which, when you mull that over, makes perfect sense. It’s being betrayed by someone you are supposed to trust and when they don’t take responsibility for their screw up, it hurts, angers, aggravates and drives people to sue,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Personal injury responsibilities that others don’t take seriously
Those hurt in an accident are often shocked when the party responsible doesn’t step up to pay for medical bills. They’re too busy trying to cut their losses.
These people should be paying the bills for the victims. After all, the accident was their fault. While it may have been the other person’s fault, many people shrug off the responsibility of the consequences of an accident because of the money involved. In fact, the person or people at fault could even have been uninsured or underinsured, driving without a license or driving while suspended.
“Many people involved in an accident don’t want to get wrapped up in a court case that drags out and costs them money. They need a quick resolution to their claim so they can recover lost wages and/or pay their medical bills. Unfortunately, they can’t accomplish that on their own, as dealing with insurance companies is something best left to competent accident lawyer with experience in handling them,” said Michael Smith, an Arkansas accident lawyer.
Insurance companies are not accident victim’s friends. They are running a business. The bottom line of that business is to save money on accident claims and not pay it out in high amounts, whether the settlement is warranted or not. “If you have a lawyer working with you on your car accident claim, chances are you will get a much higher settlement because they know you are serious about going to court if the claims negotiation process does not work,” Smith said.
Those who think they can handle their own insurance claim often find out later that they signed something that they shouldn’t have – something that gave away their rights to sue. Unfortunately, once a claimant has signed away his or her rights, the insurance case file can’t be re-opened. It’s for this reason that it’s smart for the victim to not sign anything until he or she has spoken to an Arkansas accident lawyer.
“In fact, I’d suggest you bring any papers the insurance company wants you to sign to me. I will go over them and we can discuss precisely what they mean to your claim and how they may affect your rights,” Smith said. For example, a victim may well be entitled to current, past and future lost wages and medical bills for therapy. The claim may also apply to living expenses. Unfortunately, those trying to handle their own claims don’t think about these things and/or don’t know about them, and you can bet the insurance company won’t tell you about them, because they cost money.
“If you have an accident claim, let’s discuss it and see how to best ensure you get a fair settlement without having to deal with any of the runaround typically handed out by insurance companies. While we’re discussing your claim, I will also let you know what your legal rights are,” Smith said.
Learn more by visiting http://www.Arkansaslawhelp.com
Nursing Home Abuse Sends Out Specific Signals
Nursing home abuse may be silent, but it does send out subtle signals. Be on the lookout for those signs.
Nursing home abuse is an abhorrent blight on society, and as a nation, we need to do something about it. If we don’t want to find ourselves in the same situation further down the road when we age, we need to take this bull by the horns.
“For those who have loved ones in nursing homes right now, you may want to keep your eyes open for signs that abuse is taking place. Often the signals are silent, because the family member is afraid to speak up for fear of retaliation, but if you spend time quietly observing what is going on, you will see a clear pattern of abuse if it is present,” explained Michael Smith, an Arkansas personal injury lawyer.
Things to be on the lookout for are bed sores, bruises and wounds, weight loss, verbal abuse, malnutrition, excessive medication and unsanitary conditions. Bed sores are caused because the patient has been lying in bed for too long without having any exercise. Wounds or unexplained bruises may be the result of inadequate assistance from the nursing staff. If the wounds are infected, that should immediately raise a red flag.
Any type of weight loss is usually associated with neglect or the onset of depression as a result of neglect. It may also indicate malnutrition. If the rooms and bathrooms at the home are not clean or are barely passable, this may indicate the home is understaffed and the patients are not getting the care they need. “If at any time you overhear insults or harmful comments, you will know there is a problem with the level of care your loved one may be receiving,” remarked Smith.
If there are a significant number of residents in the home that are over medicated so the staff’s job is easier, run to the nearest phone and call an Arkansas personal injury lawyer. This is called chemical restraint and it must not be allowed to happen.
“While it would help if you could ask your family member precisely what is going on, that isn’t always possible if they have dementia or don’t understand what you are asking them. Basically, your intuition is a good indicator of something being wrong. After all, you ‘know’ your family member, and if something changes for the worse, you know something isn’t right. This is the time to give me a call and we will discuss what is happening,” added Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Medical Malpractice and Bribery May Go Hand-in-Hand
Med mal is still very prevalent in the US. Lately, another issue has surfaced, illegal kickbacks to doctors.
When a patient goes to hospital to get well and winds up having to speak to a med mal lawyer because the doctor was negligent and caused serious harm, that is a grave issue. Lately, another critical issue has been rearing its ugly head – illegal kickbacks to doctors. This is something that people may have heard about, but have not personally seen or witnessed. “This isn’t really too much of a surprise,” commented Michael G. Smith, an Arkansas malpractice lawyer and Arkansas accident lawyer, practicing personal injury law.
“Drug companies have a huge role in the occurrence of med mal, even in light of their attempts to supposedly improve health care standards. What role do they play? It all boils down to Big Pharma relying heavily on hospitals and physicians to promote ‘their’ products,” he explained. The kinds of products often being “pushed” are medical tools and devices and prescription drugs. The prescription drugs are an enormous profit pool for drug companies and thus they pressure doctors and hospitals to promote “their” brand name drug versus the generic brands.
“It goes without saying that the pressure is of the ‘you scratch my back and I’ll scratch yours’ variety, where the physicians get cash, trips, meals and/or expensive gifts, which is utterly tempting to say the least; utterly compromising for the patient’s health to say the worst,” observed Smith. By recommending or prescribing a drug that may cause a patient more harm than good, the patient is the one that will ultimately pay a price for the doctor getting presents.
“If you have been in a situation like this and are certain that you were given a drug only because the doctor was trying to promote it in return for a payoff of some kind, it’s a good idea to speak to an Arkansas malpractice lawyer with experience in this area. To say that things like this should not happen, is a major understatement,” Smith added.
Learn more by visiting http://www.Arkansaslawhelp.com
Big Rig Texting Deadly
If a semi driver is texting while driving, get out of his way. This is an accident looking for a place to happen.
Many people don’t realize that over 100,000 people end up being seriously hurt every year thanks to being in an accident with a big rig. It’s a no-brainer to think about the total destruction that results when something that size hits something a great deal smaller.
Often the other vehicle’s occupants die in the carnage.
“While size alone may make them the “Kings” of the highway, this doesn’t mean they are exempt from following the rules of the road, just like the rest of us. In fact, you’d think it would make them ‘more’ aware of what they were doing ‘because’ of their size and deadly potential,” noted Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
“Here is an interesting fact for you. Commercial trucks account for approximately 3% of all motor vehicle registrations. Doesn’t sound like much does it? Unfortunately though, they are responsible for roughly 12% of all yearly traffic fatalities,” observed Smith. The government does seem to be working toward making highway travel safer by putting stricter rules and regulations into effect that target truckers; specifically to get them to take precautions to avoid fatigue and distracted driving.
The statistics for big rigs crashes show that distracted driving tops the list of fatal driving errors. That list includes three kinds of distracted driving: taking their eyes off the road, taking their hands off the wheel, and disengaging their minds. This likely won’t surprise you in this day and age of texting, but truck drivers causing accidents while texting is negligent and deadly, and the very worst combination of the top three distractions,” Smith outlined.
“Maybe you haven’t heard about the case where a trucker killed a mom and her young child because he was watching a porn movie on his laptop while driving. Of course this is the high end of recklessness, not to mention stupidity, but it points out that some really strange things can and do happen,” added Smith.
Some other research just done recently by the Federal Motor Carrier Safety Administration revealed that truckers who text do so while taking their eyes off the road for 5 out of every 6 seconds. “If they are traveling at 55 mph, the trucker actually travels the full length of a football field without looking at the road. Pretty scary stuff, isn’t it?” asked Smith. On top of that frightening revelation, big rig truckers are up to 20 times more likely to get into an accident while texting on their cell.
The good news here is the DOT has now banned texting for truckers. If they follow the rules, this should help reduce accidents as a result of texting. If they don’t follow the rules, and let’s face it, some people won’t, there will still be death by texting while driving a big rig. “Yes, there is a fine if they’re caught texting. Lawyers can now also go for punitive damages to make a point that texting while driving is deadly,” said Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Learn more by visiting http://www.Arkansaslawhelp.com
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Recent Posts
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