Arkansas accident lawyer
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
The Convoluted System of the Veterans Benefits Administration
Battling the Veterans Benefits Administration for benefits is almost second nature to many Armed Forces personnel.
This is a story that highlights some of the incredible problems there are for vets who are trying to deal with the Veterans Benefits Administration (VA). It involves a case we heard about where a retired Marine Sergeant was shot in the head in Vietnam, which resulted in spinal-cord surgery that landed him in a wheelchair for the rest of his life.
The Marine was told by a VA doctor to file to get funding that would allow him to adapt his home and car to handle his wheelchair. Flash forward to 2010, and the Marine is still fighting to get his claims dealt with, since all that has transpired in the last ten years was what appears to be a monumental run around of claim denials, a few rounds with legal interpretations, and dealing with the government bureaucracy. This Marine would get some straightforward information from an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits.
Over the last ten years, the Marine took matters into his own hands and went ahead and did his home renovations to the tune of roughly $6,000. He also got his driver’s license suspended; not one of his finer moments, but he noted with some humor that the VA told him he could not drive without special equipment and then told him he couldn’t have that very same equipment for a service related disability. This Marine is definitely not alone in his fight to get his claim honored.
There may be some light on the horizon in the form of VA Secretary Eric Shinseki, who has indicated he wants to clean up the inefficiency and clean out backlogged claims. Sounds good on the surface, but what about the error rate for processing claims? The error rate is actually not the problem in and of itself; the problem is that the whole system needs overhauling (much like the health and immigration systems).
Dealing with the backlog of claims may be nice, but rushing to move them out doesn’t address the underlying problems when it comes to staff making errors. Hustling things along will only mean the claims may be processed faster, but with a higher error rate, because no one is taking the time to make sure they are right the first time.
Overall, Shinseki wants to hit an accuracy rate of 98% by 2015, which also sounds fantastic, but do some math first to figure out what that really means. Let’s say the VA processes 2 million claims; that means a 1% error rate would be 20,000 vets. That’s a whole lot of problems for the vets.
If you find yourself in the revolving door trying to deal with a VA claim and don’t feel like you are getting anywhere, contact a seasoned Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits. It may be the best thing you have ever done for your health.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Investment Fraud Stalks Unwary Buyers
Just about everywhere you turn these days, there is some kind scam going on. Sadly, investment scams are at an all-time high.
People want to invest money because they’d like to ultimately “make” money and be comfortable in retirement. Nice thought, and at one time, this was quite “doable.” Since the recession hit, those with investments have lost a lot of money, not their shirt – not yet – but it’s been a depressing ride for many. It’s hard not to understand why those who have lost funds would want to recoup them as fast as they can, any way they can – legitimately that is.
With that kind of investor mindset, it’s not much wonder there are scam and con artists out there that will set up schemes that are too good to be true and go trolling for unsuspecting investors. Unfortunately, even some pretty savvy people who do invest quite often get “had” by a scheme now and then. Of course, there are also the uninitiated investors who may be dabbling in the market and have an inkling of what they are doing, but not enough knowledge and intuition to spot a fraud when it raises its ugly head.
Here are a few things to be on the alert for if you are planning on doing some investing. If the rate of return on your investment is way too high – it sounds fantastic in fact – tone down your enthusiasm, because in cases like this it “is” too good to be true. The truth is that it is very rare for an investment to return more than twice the principle.
Keep in mind too that every investment must be audited and if this is not being done, your radar should go on high alert, prompting you to do some in-depth searching about the “opportunity of a lifetime.” Feeling rushed to fork over your cash? Being pressured to buy in or lose out? Back up a few steps and reconsider what you are doing. If the business offering the opportunity is legit and stable, they aren’t going to be out hustling customers and they won’t be using hard sell tactics either. This is when the word “No” should leave your lips promptly.
Sometimes all you have from the person who is trying to sell you something is their word about their firm or opportunity. Even though you may feel like its overkill to check out the firm’s rep and their investment offerings, do it anyway. The time you check may be the time you find out you should “not” invest your hard earned money.
If for some reason you got had by some smooth dude selling something that cleaned you out, speak to a qualified attorney with experience in this area of the law. You never know, you may be able to recover something.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting 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
Wrongful Death Case Compensation Complicated
Calculating the economic loss resulting from a wrongful death is tough. Many times the loss has to be reduced to today’s dollar values.
Most wrongful death claims are as a result of accidents; accidents that include car crashes, truck collisions, motorcycle accidents, exposure to toxic chemicals, as the result of a defective product or due to medical malpractice. In cases like this, the key here is that the death was caused by someone else and that negligence is usually a factor.
“The person who brings a wrongful death lawsuit is usually the spouse, children or parents of the deceased and they are often referred to as distributees in cases like this. Also, wrongful death is a type of personal injury claim and you would file the lawsuit against the people responsible for the death,” outlined Michael G. Smith, an Arkansas injury and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas.
Wrongful death cases require the services of an experienced attorney so the family is able to get fair and just compensation for things like, pain and suffering, funeral costs, loss of wages, medical expenses, loss of companionship and consortium, etc. “There may even be a valid claim for loss of inheritance. Since each state has a slightly different wrongful death statute, you’d need to ask your attorney about what the rules are in your state,” Smith remarked.
In the alternative, there may be another option to consider; a survival action. This is when the family asks for additional compensation for the pain and suffering of the deceased. Typically though, those left behind must have lost money as a result of their family member’s death in order to file a wrongful death action.
“Calculating the financial loss for the death of a family member is no easy task, and the process usually starts with your attorney trying to negotiate a settlement. If there’s no dice that route, we’d go to court and let the jury and judge decide the matter,” observed Smith. The factors they would consider include the percentage of liability the defendant had for the wrongful death, the age of the deceased and other things like if the person didn’t have a job.
Liability isn’t always black and white which means that if the death was caused by someone’s negligence, how much could the person responsible have known about the risks involved in their actions? “This is sometimes a very tough question to resolve and there have been cases where a court decided the one responsible couldn’t have anticipated the outcome of their actions. In addition, the case may show the deceased was negligent themselves and contributed to the accident,” added Smith.
The bottom line when it comes to an award is that it may also be converted into today’s dollar amount; meaning while the jury award may be substantial, it may end up being reduced when it is converted. “This point, and a variety of other things, are crucial to know if you are about to file a wrongful death suit. Call me and I can outline the process,” offered Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
VA Benefits Act Has Mile Wide Loophole for Fraud
If you thought the VA was a cheap date when it comes to acknowledging claims, consider the fraud they deal with constantly.
In a recent article, we talked about veterans being denied medical claims possibly because of VA budget concerns. That might make some sense when one considers that over $100 million has been ripped off from you – the taxpayers – since 2003 by contractors who masquerade as disabled vets. That’s a whole lot of money that could have been used to settle vets’ medical claims.
The story goes that the Veterans Benefits Act (2003) was designed to offer sole-source government contracts to disabled vets who owned businesses. Someone blew the whistle on this rip-off and there was a huge investigation which did precisely zero. The rip-offs still continue today. Widespread fraud every year and for some reason, the government lets it happen. Would they have a reasonable, rational explanation for that? Chances are they wouldn’t, but it might be interesting to hear what they have to say.
The government is in fiscal disarray and US taxpayers and vets are paying for that mess in a very personal way. If fraudulent contractors posing as vets continue to dine out on our money, what does that say about the checks and balances that are supposed to be in place to ensure fairness? What does that say about the government’s commitment to resolving the country’s financial mess?
Unfortunately, current laws don’t have any penalties in place for this particular type or kind of fraudulent scheme. In fact, if you can believe this, the awarding criteria for the program is based on the honor system. Yes, the honor system. All companies that are applying for funds have to do is check a box on a form that says they meet the VA criteria and they’re in business. Follow-ups, you ask? No, no one confirms their eligibility.
The bottom line here is that government contracting officers know about this and don’t do anything. There is a move afoot to introduce legislation to criminalize misrepresenting a business as being owned by a disabled vet, when in fact it is not. Someone certainly needs to do something about it, as the people who are pulling this stunt are stealing money that is supposed to go to vets.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Big Rig Blows Stop Sign
This three vehicle pileup, the result of a big rig running a stop sign, killed one.
Traffic signs are put in place for obvious reasons. Those who fail to pay attention to those signs are running a very real risk of serious injury or death, as this case that we heard about demonstrates. A big rig driver blew a stop sign and because he did, he was involved in a crash with another semi and a minivan. The driver of the minivan was killed.
This accident happened when the driver of a tractor-trailer unit didn’t obey a stop sign at a road connecting with a highway. Just as he was sweeping onto the highway, he broadsided another 18-wheeler. The impact was so forceful that one rig was shoved into the northbound lane where it hit a minivan.
The driver of the van was virtually crushed into his vehicle like a sardine in a tin and the Jaws of Life had to be used to extricate him. Unfortunately, his injuries were so severe he died at the scene of the accident. As an Arkansas accident lawyer, we see cases like this quite often. They are never easy for the family and the shock of losing someone they loved is monumental.
Evidently, the drivers of the two big rigs were not badly hurt and managed to walk away from the scene with minor injuries. While the police report indicated that they didn’t believe drugs or alcohol were factors in this accident, there would be a full investigation to determine why the first trucker went through a stop sign.
On the face of this case, the trucker who went through a stop sign will likely be cited for failure to obey traffic signs and possibly speeding and driving while distracted. While there was no mention of a cell phone or laptop in the police report, it doesn’t mean the trucker wasn’t on his cell phone either talking or texting when he ignored the stop sign.
He may also have been hunting for a map, watching a movie on his laptop or picking something up off the floor. There may also be the possibility he was under the influence of prescription drugs or had been driving too long and was exhausted. If any of these scenarios is the case, the family of the minivan driver will have a good case to file for a wrongful death lawsuit with an Arkansas accident lawyer.
In cases like this, it is best to discuss all options with a skilled personal injury lawyer with extensive experience handling 18-wheeler accidents. There are usually a number of things that need to be done right away, not the least of which is to preserve evidence, gather reports, pictures and medical records. Time is truly the enemy in crashes involving 18-wheelers, so don’t wait to speak to an Arkansas accident lawyer to find out what your rights are and what to expect if you have a viable case.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Bill to Improve Veteran’s Health Services
A new act may finally provide the kind of care and support veterans and their families deserve.
Just last month a piece of bipartisan legislation quietly passed into law – the Caregivers and Veterans Omnibus Health Services Act (Caregivers Act). While the title might not say much about what it contains, the bill is designed to not only improve, but reform veteran’s health services.
The intention is that wounded vets get more support, as well as their caregivers (that includes family or others). Of note is a provision that expands care for female veterans (over 1.8 million), one that offers improved mental health services and one that provides increased access to health care for veterans living in rural parts of the US.
This type of legislation has been a long time coming and it is hoped it will make an enormous difference in the lives of those who volunteered to fight for their country; its right, its freedoms and its sovereignty. Many vets are hard pressed to get the help they need when they return from war zones.
Unfortunately, many veterans are injured in ways that cannot be “seen” – post traumatic stress disorder, traumatic brain injury, anxiety, etc. – and because no one can “see” their injuries, they are often shuffled around from pillar to post without getting the medical help they need. Filing for disability is typically a major undertaking. Many times veteran’s claims are denied and often it is many months, if not years, before a claim is resolved.
Statistics relating to veteran’s care indicate that at least 21% of active duty, 24% of retired or separated service members and 15% of those in the reserves are being cared for by a friend or family member who had to quit their job to care for them full-time. The Caregivers Act offers these caregivers assistance and support to handle the stress (mental health services and counseling) of caring for a disabled vet, as well as respite care for families and other caregivers. This new legislation’s intent is to provide health care and a service stipend for caregivers living with wounded vets from the Afghanistan and Iraq conflicts.
Many laws have been passed to help vets, all with seemingly good intentions. Unfortunately, most were ultimately watered down to the point of being completely ineffective by the courts’ interpretations. Only time will tell whether or not this new Act will accomplish what it says it intends to accomplish.
Michael G. Smith is anArkansas personal injury lawyer and Arkansas accident lawyer, practicing personal injury law and veteran’s benefits in Arkansas. Learn more by visiting Arkansaslawhelp.com
Veteran Gets Full Disability for Water Contamination
Veteran Gets Full Disability for Water Contamination
In what may be a first, a former Camp Lejeune Marine received full disability as a result of water contamination on the base during his service.
This is a first, and may be just the tip of the iceberg. It involves a former Camp Lejeune Marine who is suffering from a rare blood disease as a result of historical water contamination of the base’s water system. The former Marine is one of a small group of veterans to get full disability for the contamination.
“Former Marine Buckley was astonished to get the compensation, and even more surprised that his claim was granted in full. Usually, trying to get compensation out of Veteran’s Affairs it like pulling hen’s teeth,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and veteran’s law in Little Rock Arkansas.
This was by no means an easy victory for the 46-year-old Marine veteran. May 10th, 2006, was a signature day for the former Marine who became ill very quickly and just made it to a hospital emergency room where he promptly collapsed. He wound up being in a coma for ten long days. At the time he fell ill, his contract with the Marines had been over for at least 20 years.
“Oddly enough, the Marine was diagnosed with multiple myeloma, which is a very rare and usually incurable cancer. It also normally affects a different demographic than Buckley was in. Although the doctors who diagnosed him knew what he had, they were more than confused since it’s usually elderly people who contract this; ones who worked with certain chemicals,” added Smith. At the time Buckley fell ill, he was only 42 years old.
The doctors weren’t the only confused people in this piece; so was Buckley, as he had never been exposed to the kinds of chemicals that could lead to multiple myeloma. Then one day he received a newspaper clipping in the mail from his sister. “It was an article about contaminated Camp Lejeune drinking water that had been laced with benzene and other toxic chemicals from the 1950s to the early 1980s. Benzene is a primary cause of multiple myeloma,” Smith stated.
Turns out that a fuel spill in 1984 at Lejeune’s Hadnot Point polluted the water and it had much higher levels of benzene than records indicated. Buckley had lived on base for a year and a half in an area serviced by Hadnot Point water pipes. There were no other reasons why he would have contracted multiple myeloma.
His appeal was granted because his advocate had letters from the Agency for Toxic Substances and Disease Registry, patient treatment reports that showed no risk factors for this disease, other than being at Camp Lejuene and other pertinent information. “It was pretty clear that the water contained not only benzene, but TCE, PCE, DCE, vinyl chloride, radioactive material, pesticides (DDT), etc. All these compounds are known carcinogens. The upshot here is that his disease was directly linked to his military service,” said Michael G. Smith, an Arkansas injury lawyer, practicing personal injury law and veteran’s law in Little Rock Arkansas.
“While it may be difficult to chase down a favorable decision at times when dealing with the VA, it can be done by building a solid and well documented case. In this instance, justice was done. If others in similar circumstances also choose to file, there is every likelihood they will also succeed to varying degrees based on the facts of their case,” commented Smith.
Learn more by visiting http://www.Arkansaslawhelp.com
Michael G. Smith is an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. Learn more by visiting