Jonesboro Personal Injury Lawyer - Miscellaneous

Tort Reform: Why Conservatives Should Oppose It

Paul Ford — Wed, 06 May 2009 09:51:18 GMT

I recently attended a legal seminar and heard Ken Connor, an attorney from Florida, speak. Ken is a conservative trial lawyer. And his perspective on tort reform and people of conservative ideology was extremely insightful. I have thought about his message many times and have come to conclude that conservatives are being sold a bill of goods on the subject of tort reform; and in fact, are departing from traditional conservative values when supporting Tort Reform.

Conservatives believe that the government closest to the people serves the people best. Thomas Jefferson established this core value and conservatives to this day hold to its truth. Conservatives do not want politicians and bureaucrats in Washington, D.C. or their state capitol making decisions that control their local school board. Conservatives believe that the size of government makes it subject to ineffeceincy, and even corruption. Money buys influence. Yet, in the support of tort reform, one must be willing to allow politicians, who are swayed by lobbyists, to determine that tort claims should be capped, for example, at $250,000. Yet the politicians know nothing about the particular case. This is a prime example of a government that is not serving its people, but instead is being influenced by the desire to control costs and increase profits.

Furthermore, conservatives believe that money is a motivator and that accountability leads to responsibility. Many conservatives will agree that society sets rules and that those who violate those rules should be held accountable and required to pay the damages caused by the violation of society's rules. Yet the core premise behind tort reform is to limit the amount one must pay, despite the true damage caused. That does not promote accountability. It destroys it.

Many conservatives, when asked, will tell you that if you do not punish bad behavior, you get more of it. Many conservatives believe in spanking their kids to teach them not to do the wrong thing. They believe that if you do not punish in proper relation to the extent of the wrong doing that you send the wrong message. That is exactly why tort reform sends the wrong message. Particularly when it comes to an artificial damage cap determined by politicians. It sends the message that no matter how wrong your behavior is and no matter how much damage is causes, you will only have to pay so much. That is a free pass and it promotes wrong behavior.

It certainly does not promote accountability and responsibility.

So, I encourage conservatives to consider the true impact of tort reform. It allows corporations to use their financial influence in the political arena to promote their own selfish agenda. Turn on the television, pick up a newspaper, or read online; and when you do so, the overwhelming truth is that companies will stop at nothing to make a profit. In fact, many will argue that the current financial crisis is brought on by corporate greed. Unregulated corporate greed. And tort reform is nothing more than another example of corporations seeking to be protected from regulation....protected from the voice of the people....the voice of a jury.

So, conservatives, rise up and speak out against tort reform before it is too late.

Originally posted at InjuryBoard by Paul Ford

Legal Nurse Consulting

Kim Cooksey, PLS, BSN, RN — Fri, 06 Feb 2009 09:55:15 GMT

A review of medical records by a practicing nurse can be of great help when a potential client asks for assistance in pursuing medical malpractice claims. The legal nurse consultant has experience in both medical and legal knowledge. Using the knowledge gained from practicing in the hospital setting to assist the attorney in understanding the standard of care is critical in evaluating a case. There are several organizations which offer certification in this field, namely the Vickie Milazzo Institute or the American Association of Legal Nurse Consultants.

Medical malpractice claims are not the only area where a registered nurse can be of assistance to the attorney. The pursuit of relief for the personal injury client can also be a confusing terrain for the attorney when mounds of medical records that are produced from treatment arrive. The need for understanding of medical terms, procedures and standard of care is necessary in assessing the treatment received by the client. The registered nurse can assist in traversing this terrain and providing a chronology of treatment, reports of the treatment in layman’s terms, research relating to the treatments provided or symptoms exhibited by the client / patient, etc.

In addition, having prior knowledge of how attorneys think has been useful to me when preparing a case for presentation. If a registered nurse who has never worked in the legal field wishes to enter the field of legal nurse consulting, taking classes in legal studies may be a good way to start. I am very fortunate to have worked in the legal field for the past 20 years. Many of those years have been with Paul Ford. Therefore, a work relationship was established long before I obtained my nursing license. My practice enables me to read records as a nurse and that working relationship enables me to read them as a paralegal. I don’t make decisions about what cases are pursued, but give my feelings regarding the potential case. Thus, the legal nurse consultant saves the attorney time, which is a luxury to the busy practitioner.

Originally posted at InjuryBoard by Kim Cooksey, PLS, BSN, RN

Popular Kids' Meals Contain Too Many Calories

Drew Dixon — Wed, 06 Aug 2008 16:49:05 GMT

More than 90 percent of kids' meals at popular fast-food restaurants contain far more than a meals worth of calories. In fact, the kids' meals also are loaded with too much fat and salt.

The Center for Science in the Public Interest found it difficult to find a kids' meal remotely healthy at a number of restaurant chains. In fact, "nearly every single possible combination of the children's meals at KFC, Taco Bell, Sonic, Jack in the Box and Chick-fil-A is too high in calories," the group said in a statement.

Researchers at the Baylor College of Medicine recommend that children should eat 1200-1400 calories per day. However, ninety-three percent of 1,474 possible choices at the 13 chains exceed 430 calories—an amount that is one-third of what the researchers recommend that children aged four through eight should consume in a day.

For more information on nutritional recommendations for children, check out the USDA/ARS Children's Nutrition Research Center at Baylor College of Medicine website at www.bcm.edu/cnrc/consumer/archives/percentDV.htm.

Image Source: Wikimedia Commons

Originally posted at InjuryBoard by Drew Dixon

What Damages Am I Entitled To?

Frank Bailey — Sun, 13 Jul 2008 16:39:02 GMT

In the United States we have a very important right. That is a right to be compensated in money for the harm that we have endured because of negligence.

And that makes sense. If society allowed negligent acts to go without accountability we would have a society ruled by big corporations. There would be no need for insurance companies to spread the risk of loss because everyone would have to endure their own harms.

Arkansas has adopted a system of damages. If a person is harmed by negligence, they are allowed money damages for those harms. Basically the injured person is allowed money for their medical bills, the nature extent and duration of the injury, and for pain, suffering and mental anguish they endured as a result of the harm. If they lost work or lost the ability to work, those are other elements of damage.

Originally posted at InjuryBoard by Frank Bailey

Ten Year Old Boy Dies From "Dry Drowning"

Drew Dixon — Mon, 09 Jun 2008 11:18:53 GMT

“Dry Drowning” is one more concern parents should have this summer as they take their children to swim. While it may sound impossible, the recent death of a 10 year old boy in South Carolina has doctors warning parents of such a danger.

Dry drowning occurs when a person’s lungs become unable to extract oxygen from the air, due primarily to:

§ Muscular paralysis

§ Puncture wound to torso (affecting ability of diaphragm to create respiratory movement)

§ Changes to oxygen-absorbing tissues

§ Persistence of laryngospasm when immersed in fluid

§ Breathing another gas besides oxygen too long (e.g. Helium)

However, the most common way in which “dry drowning” occurs is when a small amount of water is aspirated into the lungs. The water causes damage to the lungs and decreases the amount of oxygen flow in the blood. Thus, a person may effectively drown without being immersed in fluid. The laryngospasm reflex essentially causes asphyxiation and neurogenic pulmonary edema.

Some common signs of “dry drowning” include: difficulty breathing, extreme tiredness, and uncommon behavior.

IMAGE SOURCE: Wikimedia Commons

Originally posted at InjuryBoard by Drew Dixon

Who Are Trial Lawyers?

Frank Bailey — Tue, 27 May 2008 05:07:50 GMT

How often do you wonder what it is like to be a trial lawyer? Are the accounts of John Grisham accurate? Are trial lawyers all like Gerrry Spence? Are trial lawyers really the greedy bloodsuckers the insurance industry and big corporations would have you believe?

Most trial lawyers are honest hard working people. They have families. They have feelings. They work long hours to get compensation for the wrongs that have been inflicted on their clients. Why then, are there so many people who believe trial lawyers are greedy bloodsuckers? Could it be they believe the garbage put out by the insurance industry and big corporations?

If we do something wrong and hurt someone we should be accountable, but many wrongdoers do not want to accept that responsibility. Do big corporations want to accept responsibility for their wrongs…very rarely? Do insurance companies want to compensate their policyholders for their injuries in full…very rarely?

So the insurance companies and big corporations have successfully poisoned people’s minds against trial lawyers so it is difficult to recover money damages for our clients. But the tide is changing. Lawyers like Gerry Spence are protecting families by teaching attorneys how to present their case and win against powerful corporate and government interests.

Sach and I host a seminar in Northwest Arkansas every fall to help attorneys win for their clients. We believe that by providing good information to all lawyers, families that have been wronged, will have a fighting chance to recover from the wrongdoer.

Originally posted at InjuryBoard by Frank Bailey

Hazards at Home-Cleaning Up Your Space

Jeanie Oliver — Thu, 22 May 2008 12:05:32 GMT

For those of us approaching middle age, we have to wonder as we watch the nightly news: "What have we been exposed to in our lifetime?" More and more we are learning that all of the things around us have the potential to be loaded with toxicants harmful to our health.

This month's (May) AARP Bulletin has a great article on the the potential hazards that can surround us in our homes; especially those of us who have owned our homes for 20 or more years. Before the year 2000, the Scotchgard anti-stain treatments that we were so proud of as modern housekeepers may have included chemical compounds that were potentially carcinogenic. Another hazard that most of don't consider as we spread out on that soft carpet before a good baseball game on TV, is that the flame retardants designed to make the carpet safer actually may contain ethers that can affect the thyroid glands and nervous systems of those with long-time exposure.

Other aspects of our home environments that have already been receiving attention in the news media are the cleaning products we use and the chemicals they contain. Using gloves used to be considered just a way to keep your hands soft and lovely, now consider putting them on to keep one more barrier between you and threatening chemicals.

If you would like more information about ways to take control of your good health and living environment, check out any of the following websites:

The Environmental Protection Agency's Aging Initiative at www.epa.gov/aging/

The Green Guide at www.thegreenguide.com

The Green Seal Program at www.greenseal.org/

To find a collection site for disposing of hazardous household products go to http://earth911.org

Originally posted at InjuryBoard by Jeanie Oliver

CPR-Don't Overthink It, Just Do It

Jeanie Oliver — Wed, 21 May 2008 16:21:24 GMT

Having a health condition that affects the mechanics of my heart has made me more aware of what I would do if the person sitting next to me fell over. You see, I can identify with that feeling of panic that there might just be a frozen crowd of onlookers all around me.

When I went through CPR training years ago, I memorized all of these steps and then you didn't pass if you messed something up. I worried that I would forget a step if something happened to someone and then what? They would die?

Well, the reality is that people don't help when someone collapses for the very reasons I've just listed. They are afraid they will not do something correctly in the CPR procedure. The American Heart Association estimates that fewer than a third of heart attack victims are assisted by bystanders. They have developed a video to address this issue.

The video uses "Stayin' Alive" by the Bee Gees as music for the background of an informational segment that gives you, the layman, very simple instructions to help save a life:

1. Call 911

2. Put your hands on the center of the victim's chest, then push hard and fast. DON'T stop until help arrives.

This simple maneuver can more than double a victim's chances of survival. Those are odds that I can live with.

To see the video and learn more about what you can do to save a life go to the American Heart Association's website.

Remember: Call 911 and push in the center of the chest- Simple

Originally posted at InjuryBoard by Jeanie Oliver

Arkansas Trial Lawyers Association Awards Sach Oliver Outstanding Young Lawyer

Drew Dixon — Sat, 10 May 2008 16:47:00 GMT

The Arkansas Trial Lawyers Association announced today that, Sach Oliver is the recipient of the organization’s 2008 Outstanding Young Lawyer Award.

Each year ATLA recognizes a member of the ATLA Young Lawyers Division who demonstrates a high level of professional excellence, dedication and leadership. This year, Sach Oliver has demonstrated excellence in all the qualifying categories and most notably in the area of professional excellence.

“Sach has a history of leadership beginning with his service as president of the ASU Student Government during his undergraduate career where he also received the Wilson Award for Outstanding Service,” stated John Patterson, Past President of ATLA.

In law school, Oliver was President of the Student Chapter of ATLA at the U of A School of Law and won the coveted “Best Oral Argument” award in the National Trial Competition sponsored by the American College of Trial Lawyers defeating students from the top 150 law schools throughout the country.

Upon receipt, Oliver noted, “I am honored to be recognized by such an outstanding organization, ATLA. It is a privilege to represent and protect the rights of our wonderful clients while holding wrongdoers accountable.”

The Arkansas Trial Lawyers Association (ATLA), founded in 1963, is an affiliate of the American Association for Justice in Washington, D.C. ATLA was established in order to advance the administration of justice while upholding and improving the adversary system and preserving every citizen's access to trial by jury. Through continuing legal education programs and publications, ATLA serves its membership by providing training in all fields and phases of advocacy. The association is a volunteer organization with a statewide membership of approximately 1,000 lawyers from all 75 counties and several states.

Originally posted at InjuryBoard by Drew Dixon

Student Leadership Banquet at ASU

Jeanie Oliver — Mon, 21 Apr 2008 19:57:01 GMT

Last Thursday, Sach and I drove to Arkansas State University in Jonesboro to attend the Student Leadership Banquet. Sach was the guest speaker. The banquet was held in the new student center at ASU in the Centennial Hall.

I had not been in the new and improved student union since it was completed. The leadership at ASU has, in my opinion, created a beautiful building that blends into the existing campus in a way I didn't think possible. You know how all too often when new buildings are added to college campuses it sometimes turns out like spaceage versus traditional. Not this time. The stone on the buildings and the landscaping outside are exemplary.

The students being honored included those involved in the student government, student activities board, yearbook staff, and global involvement. These young people are in charge of the future of our society. They are the most visible kids at ASU this year. They manage to serve in many capacities all over campus without losing sight of their academic goals.

Sach spoke on his experiences as student government president during his senior year at ASU. His key point was to let these experiences lead them on to serve their communities. He also encouraged them to step out and not be afraid to take chances. He recited a story about asking to talk with university president, Les Wyatt. He was the first student to ever do so.

The evening was one of those magical moments when you walk up and the faces light up around you. Old friends and associates made Sach and I feel so welcome and appreciated. Sach explained on the way home that it was one of those few times when the expectations of your reception far exceeded what he dared to hope for, a coming home to ASU.

Originally posted at InjuryBoard by Jeanie Oliver