Little Rock person injury lawyer
Watch Out for the Big Rigs
18-wheelers do not have the ability to stop quickly and the consequences are often death for those in other vehicles.
It’s a given that if a big rig crashes into another vehicle, the smaller of the two vehicles involved in the accident will bear the brunt of the damages. Big rigs weigh in at 40 tons or 80,000 pounds. The average car only weighs about 5,000 pounds. This is a bit like David versus Goliath.
When a vehicle that size is hurtling down the highway, it takes 40% longer for it to get stopped than it does an average vehicle. This has a lot to do with what type of load they have at the time. If it happens to be steel, add in an even longer period of time to stop.
Trucks only have ten brakes, not 18 despite what people think. However, no matter how many brakes a semi has, it still can’t stop suddenly. This is the reason that crashes are so devastating and the rationale behind many states investigating implementing driving campaigns targeted at regular car drivers who drive like maniacs around big rigs.
In Georgia, there are roughly 6,700 truck collisions yearly, resulting in close to 5,364 injuries and 235 deaths. Survivors of these catastrophic accidents often have brain damage, spinal and neck injuries, amputations, multiple fractures, and neurological disorders. These victims generally need extensive and expensive medical treatment. It is essential to hire an experienced Georgia trucking attorney to ensure personal injury damages are properly awarded.
Interestingly enough, not many people realize that nearly 60% of the time the trucker is not at fault in an accident. On the contrary, it is mainly other drivers that don’t respect the rules of the road or the space of the rigs while they’re on the same highway. A new program launched in Nevada has state Troopers hitch rides with truck drivers to see what really goes on when they’re trucking.
If a program like this was implemented in every state, it might just reduce the number of deaths as a result of a collision with an 18-wheeler. If it taught motorists hard facts about driving near a big rig, it would smarten some of them up. For instance, trucks have no-zones. This means if a person can’t see their mirrors, the trucker can’t see the other vehicle. It’s just that simple.
Seen from the other side of the wheel – inside the big truck – it puts a different spin on the real problems on the highways these days. Many of the truckers cite cars following too closely, cutting them off or being in their blind spot. No matter what the cause of an accident with a semi, the results are devastating. Hiring a skilled attorney is the best way to seek justice and an award (even a proportional one) that will deal with the lifelong injuries the victim will struggle to handle.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Anesthesia Malpractice a Concern
While anesthesia malpractice is not as common as other medical errors, it does still happen with devastating consequences.
We don’t often read about cases of anesthesia malpractice, but they do happen and may result in the death of someone undergoing surgery. For example in a Florida medical malpractice suit, an 18-year old girl died as a result of malignant hyperthermia. The plastic surgeon and anesthesiologist performing the operation on an out-patient basis were the defendants in the lawsuit.
The lawsuit alleged that the surgeon and anesthesiologist failed to meet acceptable medical standards when she had a life threatening reaction to the anesthesia administered for breast surgery. The case hinged on the fact that the doctors failed to recognize a reaction to the anesthesia and because they missed the signs of this deadly reaction, they didn’t give the proper treatment to save her life.
This patient survived long enough to be transferred to another medical facility where she succumbed to hyperthermia. Malignant hyperthermia is inherited and only one parent needs to be carrying the gene for a child to inherit it. It causes a rapid rise in body temperatures and severe muscle contractions as a result of receiving anesthesia. Signs and symptoms include bleeding, dark brown urine, muscle rigidity and aching, and a very fast rise in temperature to 105 degrees F or higher.
The Florida lawsuit alleged the doctors could have treated the patient with intravenous Dantrolene sodium (muscle relaxant) had they paid attention to the patient after surgery. Dantrolene sodium was given later at another medical facility, but it was too late.
At the root of this case is the contention that the doctors did not follow accepted medical practices in monitoring their patient, and as a result of that negligence, caused her death. If they had been paying attention and were capable of identifying malignant hyperthermia, the patient would still be alive today. Evidently, recognized medical standards were not followed with disastrous consequences.
It is medical errors like this Florida case where patients have the right to speak to a medical malpractice attorney about filing a med mal lawsuit. They need to know their rights and how to go about dealing with the devastation such cases dish out.
It goes without saying that we rely on doctors to do their jobs and not allow us to come to any harm. In instances such as this case, something went drastically wrong and an innocent victim paid the price.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Negligence Causes Car Accidents
Common sense would seem to dictate that when people are asked what causes car crashes, their first answer is usually someone else’s negligence.
Negligence plays a huge part in the accidents that occur daily across the nation that take the lives of at least 110 people everyday. Consider how many others are severely injured and have their lives change in the blink of an eye. When collisions start to become almost as prevalent as the common cold, it’s time to do something.
Bad drivers and what to do with them have occupied the minds of many a law enforcement agency over the years, but as yet, no successful program seems to be in place to combat lousy driving. Some have suggested that if those who drove carelessly were aware of the consequences of their actions – the death of another person – they might slow down. Others propose driving home the fact that negligence costs a lot of money in the form of a jury award for wrongful death or severe personal injuries. Unfortunately, there are many people who figure the law is not meant for them to obey and that nothing bad will ever happen to them – until it inevitably does happen.
Losing a family member is heartbreaking and life altering all at the same time. If there were other family members involved in the same car crash, they may have sustained injuries that left them requiring medical care for the rest of their lives. The total disruption of a family because of the negligence of another driver is absolutely devastating, but the other driver never seems to think of that when they are driving and talking on a cell phone or driving while under the influence of drugs or alcohol.
Personal injury law is all about righting the wrongs done to others by the negligence, thoughtlessness and carelessness of others. This is what personal injury lawyers do, help those who were victims recover damages for their losses. Those losses may include punitive and exemplary damages, funeral and medical expenses, loss of wages, pain and suffering, and other more intangible things like loss of companionship.
In the process of fighting for the rights of those who have lost a family member or are dealing with debilitating injuries as the result of an accident, other issues may also come to light that point the finger of negligence in another direction. This isn’t to say that the other driver who may have caused the accident in the first place isn’t at fault, but there may be things like a defective seatbelt or airbag that caused death or injuries.
Personal injury law is never dull and just because a case looks like it is straightforward and a death or severe injuries are the result of someone running a red light doesn’t mean that the accident itself was responsible for the drivers death (but may have contributed to it). This is precisely why a hiring a personal injury lawyer is a critical factor in any car crash case.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Slip, Trip, Fall and Injury
The quick explanation of a slip, trip and fall legal case is a person who fell after slipping or tripping on something like a puddle of water or a raised cement block.
There isn’t too much of a mystery about what a slip, trip and fall case is all about. The definition in this instance lies in the description of the actions that take place prior to a personal injury sustained as a result of the fall. While the definition is reasonably clear, there are certain circumstances that need to happen in order for a person to be able to file a lawsuit for damages against an entity or a person.
The first thing may seem rather obvious, but surprisingly isn’t to a lot of people who have been in the difficult situation of having fallen after tripping or slipping, and then found out they had no case. There needs to be an actual dangerous condition. In other words, the fall must come about as the result of a dangerous condition on private or public property.
The reason the law is exceedingly specific in this instance that a person “must” have fallen due to a genuine dangerous condition is because we all land on our rears or other parts of our anatomy many times over. It’s a fact of life. Obviously, the law would not allow you to recover damages every time you fall. Imagine trying to convince a court that tripping over the cat on the way to the bathroom at 3:00 am in the morning is worthy of compensation.
The law will, however, allow recovery of damages for personal injuries that happened because of a dangerous condition on private or public property with the caveat that the owners or people responsible for that property knew or should have known about the dangerous condition.
Knowing what a dangerous condition is may help a person assess whether or not they may have a valid case to discuss with an attorney. Some examples of hazardous conditions include cracks in sidewalks or other areas where people walk, badly maintained handrails or stairs, wet substances on the floor, uneven stairs, debris on the floor, food or other random objects left on a floor and dangerously slippery surfaces. There are a multitude of potentially precarious situations that have the real potential to cause a slip, trip and fall accident.
Another requirement to file a lawsuit is that the owner of the property where the accident happened, or whoever controls the property must either be aware of the treacherous condition, or in the alternative, known about the risky condition as a result of “reasonable” inspections. If they didn’t know or couldn’t have known, a person is not able to recover against them. To find out further specifics, it’s best to discuss a case like this with a highly skilled attorney.
In many instances, slip and/or trip and fall cases require an expert witness to prove an unsafe condition did exist and the owner, etc., either knew or should have known about it. This would shape up as the battle of dueling experts, as the defendant would also have an expert that states the exact opposite.
If someone has fallen as a result of a perilous condition, then consult with a qualified lawyer to determine if there is a potential lawsuit.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
An Unusual Type of Med Mal
Not many people have heard about iatrogenic medical malpractice lawsuits. Iatrogenic means adverse affects due to medical treatment or advice.
While the vast majority of people have never heard of iatrogenic, it is actually far more common than one would think. In fact there is a rough estimate of 120,000 to 225,000 deaths in the U.S. every year that may be tracked back to iatrogensis. Unfortunately, there is no mandatory reporting system for iatrogenic injuries or deaths. To say that would make it a bit difficult to police and control, or even develop procedures to prevent it would be a major understatement.
Iatrogenic means something caused by accident by a doctor, a diagnostic procedure or medical treatment. In other words, it’s the adverse effects or complications resulting from advice from a health care professional and that includes a dentist, nurse, pharmacist, therapist, doctor, psychologist and as a result of alternative medical treatment and advice.
The causes of iatrogenisis are quite varied and include adverse reactions, medication errors, medical misadventure and noscomial infections.
Adverse reactions are, generally speaking, the result of someone having a bad reaction to a medication, which may be an allergy or a potentially fatal side effect. The American Medical Association estimates at least 108,000 deaths due to adverse reactions. Quite a shocking statistic, isn’t it?
According to the Institute of Medicine, there have been close to 7,000 deaths attributable to medication errors. Another good reason to double check what you are being given when you pick up a prescription or are handed something in the hospital.
Medical misadventure is an injury or other adverse effect that is the result of medical treatment. These misadventures are usually preventable medical errors, which tends to not give people a lot of faith in doctors or other health care professionals.
Noscomial infections originate in a hospital and manifest themselves by causing inflammation, swelling, infection, night sweats and breathing difficulties. This kind of infection may be responsible for the death of 80,000 annually.
Most of the figures discussed in this article deal with patients actually in a hospital. They do not cover outpatient clinics, long-term care home residents, patients not in the hospital or dental patients. It goes without saying that iatrogensis rears its head in those settings as well. Based on just these figures alone it would be enough to give anyone needing medical treatment in a hospital setting second thoughts. Another chilling aspect of iatrogenic diseases is that they are not always easy to identify. E.g. drug interactions.
Proving someone died as a result of an iatrogenic disease is a complex process. If you have lost a loved one and feel their death was the result of an adverse reaction or complication due to medical treatment, get in touch with an experienced medical malpractice attorney and discuss your potential case.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
Settle or Litigate Business Disputes
If you’re ever involved in a business dispute, you have a variety of options to settle it.
You don’t always have to sue if you’re involved in a business dispute. However, it is one of the options available if other things don’t work out. Ideally, in a perfect world, the difference of opinion would be resolved amicably and through negotiations. Having said that, sometimes things just don’t go the way you want them to go.
Generally speaking business owners have four different avenues to handle customer, vendor or partner disputes. They each have a different price tag, so it pays to have a working knowledge of them. The four avenues are direct negotiation, mediation, arbitration and litigation.
In terms of saving money, direct negotiation is often the least expensive method to use. This isn’t to say that it’s the easiest, but it is a good place to start. During this process both parties need to make it really clear what they want, why they want it and what will happen to future relations between the them. It goes without saying that both sides in direct negotiations need to look, listen, ask questions and pay sharp attention to the discussions. In other words, make use of good communication and planning skills during the negotiations. If everything holds together, the outcome should be an agreement that works for everyone. It beats the alternative, which may be an all out war.
Mediating is another good solution and only addresses how to fix the problem at hand. Meeting with a neutral third party that acts as a facilitator is often a smart business move. Understand that the mediator doesn’t make decisions but helps both sides come to a solution that works. Anything said in the presence of a mediator and all related documents are not admissible in court, so if mediation doesn’t work out, there are a couple of other routes left to try.
Another route to settle disputes is handing the whole thing over to a neutral arbitrator. In this instance, the arbitrator does make a binding decision based on the facts of the situation. Because arbitration is in essence a fact finding venture, it does take more time and money than mediation, but still doesn’t take as long as litigation.
The last resort is litigation and this involves letting a judge decide which party wins based on the facts of the case and the law. The court would make a determination of who is right and who is wrong. This is applicable “if” the case gets that far, as many of them don’t and wind up being settled out of court. This usually happens if one party doesn’t want to run the risk of losing in court. Frankly, there are a couple of cons to actually litigating a business matter: the negative effect it has on future relations and the cost, time and stress. However, if you have exhausted all other efforts, this may be a viable option for you to pursue.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
The Wide Scope of Investment Fraud
While many people tend to think that investment fraud is all about stock and securities fraud, it actually has many other facets. Be alert to scams.
It’s likely that not many people have heard of invention scams or even rare item investment scams, but they exist and they are every bit as sneaky and underhanded as stock and securities fraud. Scams are on the rise, which makes sense in this dismal economy, and as a net result, millions of dollars is fleeced from customers every year.
To be on the alert and get wise to investment frauds/scams there is some warning flags that should go up that would hint that a person may be dealing with a potential scam. Of course, the first one is predicated on that old chestnut, “If it sounds too good to be true, then it likely is.”
Red flag number two would be a high-pressure sales person trying to use strong-arm tactics to get the potential investor to invest immediately if not sooner. If someone calls and starts a spiel about an investment opportunity when no one in the house requested information, it’s time to hang up. Some scam artists also have the nerve to ask for credit card information or even social security numbers. It goes without saying that this information needs to be kept close to the vest and not shared with anyone.
Although people are able to get fraud and scam information from the Federal Trade Commission and the state securities regulator, if common sense is utilized in a prudent manner, most scams of this nature may be avoided. On the other hand, if a scam was successful, and some of them are due to their very crafty believability, the victim needs to act fast to remedy the situation.
Don’t waste two seconds thinking that some fraudster took advantage of you and ripped off money or vital personal information. Just pick up the phone and call the police, the fraud has to be stopped in its tracks before someone else gets taken in. Give them as many details as possible about who called, how the contact was established, how any investments purchased were funded, and any information that might help. No detail is too small to mention.
The next person on the list to call would be a lawyer familiar with stock and investment fraud. It’s their job to assist in building a case against the person who perpetrated the fraud. It’s also their job to answer any questions about stock and investment fraud, how it works and what the chances are of recovering any money.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
Injuries at Birth May Be Cause for Medical Malpractice
The very act of giving birth is often fraught with many dangers where something may go horribly wrong. One thing may be birth injuries.
Delivering a baby isn’t always a stress free job, particularly if there are problems that develop during the birth. If the doctor and medical staff do not take the appropriate action or delay taking action, the consequences may be birth injuries to the baby and possibly the mom.
One situation that has the potential to cause shoulder dystocia is when the baby’s shoulders are folded inward during the birth process, otherwise called mal-positioned. When that does happen, it makes delivery that much more difficult because it ripens the conditions for dystocia to take place. Mal-presentation, in other words, not presenting with the head down, is also a critical situation that may cause shoulder dystocia if something isn’t done to attend to this situation.
While the mother is in labor, there may be a good reason to give her an epidural – either at her request or at the discretion of the doctor. This of course is an anesthetic that helps with labor pains, but the contractions still happen, it’s just that they’re mostly pain free. The epidural causes the mom to lose all sensation of being able to push. This means pushing is not done in a natural way, which may cause the baby to descend improperly – a situation ripe for an impacted shoulder.
Birth injuries may also happen as a result of the improper use of forceps. Generally speaking, the forceps are used to help the baby be born. This instrument that looks like a pair of tongs, normally grips about the infant’s head to help with the birth. Although forceps do have their place in deliveries, if they’re used incorrectly, this causes problems. It may for instance turn the baby’s head in the wrong direction, impacting the shoulders, or they may wind up squeezing the baby’s head too tightly, thus causing injuries.
Also be aware that the incorrect use of a vacuum extractor has the potential to go wrong. In an ideal situation, the cup at the top of the extractor is attached to the baby’s head. The physician then uses vacuum pressure to get the baby into the right position to deliver. There is a risk of applying too much pressure and thus causing nerve damage that could result in brachial plexus palsy.
Anyone of the above situations may result in the parents of the baby filing a medical malpractice lawsuit. Speak to a highly qualified attorney who will assist in building the case for compensation.
To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer,Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visitArkansaslawhelp.com.
The Challenges of TBI
Many people don’t understand or realize that a person doesn’t always lose consciousness when they’ve sustained a traumatic brain injury (TBI).
Generally speaking, the major cause for traumatic brain injury is car crashes, but this isn’t to say that other accidents might not happen that would also cause a TBI – for instance, slip and fall and hitting one’s head, diving, some form of sports, injuries sustained in a war zone and so on.
In some respects, a TBI is almost what might be called a silent injury, as no one “sees” it, often until it is too late. When someone sustains a traumatic brain injury, immediate medical assistance is crucial to deal with the consequences of a coup and contre coup injury.
In most cases, there are short and long-term symptoms to deal with daily. Thankfully, the short-term effects are mercifully short lived and may last only as long as a few hours to a few months, but do disappear. Unfortunately, long-term effects may last for years or ultimately wind up being permanent. The difficulty with TBI is that it is literally impossible to figure out which symptoms will last until a great deal further down the road.
The length of time for injuries like this to last is a major consideration when contemplating a personal injury claim. This is why it is best to hire an experienced personal injury lawyer to handle a complex case such as this. Damages in cases like this may run quite high for the simple reason that the injury is long-term and care ongoing.
When dealing with the symptoms of a TBI, the usual one that most people notice is they will suffer from amnesia for a variety of things, and they may even forget about their accident. This shouldn’t be too surprising, since the brain tissue has taken a hard knocking about and the memory will be affected.
TBI victims may feel very dizzy, nauseated and perhaps be disoriented as well. While the dizziness may recede, it may also hang on long enough to occur intermittently. This would largely have to do with how serious the injury happens to be. It also isn’t much of a surprise that memory loss is a long-term effect. Of course, the most common problems happen to be severe headaches, sensory changes and as we already mentioned, memory loss.
If you suspect or know that you have sustained a TBI, consult with a highly skilled personal injury attorney to discuss the merits of your case and what the potential is to recover damages to pay for inevitable long-term treatments.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
To File or Not to File a Med Mal Suit
It’s not always easy to tell if you were the victim of a medical malpractice situation, unless it happens to involve a medical error, surgical error, or a misdiagnosis or delayed diagnosis.
Filing a medical malpractice lawsuit is a matter of personal choice, and whether or not the patient genuinely feels they have been the victim of medical malpractice. There are times when a patient gets to a point with their illness, or other medical situation, and looks back at how they got there and wonders what went wrong.
The first answer to come to mind doesn’t always happen to be medical malpractice. In fact, many people don’t even blame their doctors for making mistakes or figure no one could prove they made an error anyway, so why waste time filing a lawsuit?
While it’s true that proving medical malpractice is difficult, it is not impossible and this largely depends on the nature of the case. There are countless numbers of ways that things may take a turn for the worse when in medical situations and that would include the fact that different people react differently to various medical procedures as well as medications.
The simple fact here is also that physicians must make decisions based on what evidence they are able to see at the time, and then make decisions instantaneously. It’s not an easy job being a doctor.
Despite the difficult tasks doctors face, the mistakes they and other medical personnel have made are proven to be of significant harm or death to patients. Patients who have suffered at the hands of a medical mistake have the right to file a personal injury lawsuit (medical malpractice). The families of those who have lost a loved one also have a right to seek redress from the courts as well.
Those victims of med mal that are faced with long-term suffering should be able to seek compensation through the courts to be able to deal with the consequences of their injuries. This is actually one of the main reasons why people file med mal lawsuits – the financial difficulties a family will face trying to provide care for a patient who was a victim of a medical error. Money like that does not come from standard health insurance.
If you think you or a loved one has been the victim of medical malpractice, medical error, misdiagnosis or delayed diagnosis, contact a skilled personal injury attorney to take on your case.
Michael G. Smith is a Little Rock injury lawyer and Little Rock accident lawyer, practicing personal injury law in Little Rock Arkansas. To learn more about Little Rock injury lawyer, Little Rock accident lawyer, Little Rock person injury lawyer, Little Rock malpractice lawyer, Little Rock injury attorney, Little Rock wrongful death attorney, visit Arkansaslawhelp.com.
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