Bentonville Personal Injury Lawyer - Miscellaneous

Physician Well-Being Equals Patient Well-Being

Sach Oliver — Tue, 20 Oct 2009 17:26:39 GMT

Physician Well-Being Equals Patient Well-Being

We’ve all been there. You’re so tired and burned out from a day’s work that you all you can think about is making to the end of the day so you can go home and finally relax. Perhaps you’ve even noticed that your work quality tends to slip once you reach this point. Well, doctors are no different. They put in many hours for their profession, and there is no doubt that they too, suffer from burnout and fatigue.

Studies show that doctors who suffer from fatigue and burnout are more likely to make errors in their work.[1] Based on surveys given to doctors, the study found that for every point increase in a doctor’s fatigue score, he or she was 14% more likely to commit a medical error.[2] Further, for every point increase in a doctor’s sleepiness score, he or she was 10% more likely to commit a medical error.[3]

This can be likened to the controversy a few years ago about pilot fatigue. The gist behind that ordeal was that tired pilots can be dangerous. The same can be said for doctors. Many times, they help us co-pilot our body, and keep it going in the right direction. If they suffer from fatigue and burnout, they are more likely to commit errors that can be very costly.

The services that doctors provide to us are invaluable. Just like many people, when they are at their peak, you could not ask for better service. However, if the next time you are in to see the doctor, you see dark circles under his/her eyes, you might want to wait until they have had a nap. Better yet, go see them after a long vacation.

[1] “Tired, Stressed Docs Make More Mistakes, Study Finds,” available at: http://www.ajc.com/health/content/shared-auto/healthnews/docs/631236.html. (accessed September 24, 2009).

[2] Id.

[3] Id.

Originally posted at InjuryBoard by Sach Oliver

Nursing Homes In Arkansas

Sach Oliver — Tue, 29 Sep 2009 09:00:00 GMT

Many people dream of the “Golden Years,” when they will be able to retire and reap the fruits of many hard years of labor. Unfortunately, many people are forced for various reasons into nursing homes where they are under supervision in order to promote their well-being.

This is not the ideal situation many had planned for the latter part of their life. While this is sad enough in itself, what compounds the problem is the fact that many nursing homes provide woefully inadequate service to their patrons. Sadly, the majority of nursing homes in this state fail to meet federal standards for adequate care.[1]

In 2003, over 90% of Arkansas nursing homes violated federal health standards.[2] Furthermore, one-third of these nursing homes had violations that caused actual harm to patrons or placed them in danger of death or serious injury.[3] The violations in Arkansas nursing homes varied. However, in failing to meet standards for adequate care, nursing homes were cited for failing to provide proper medical care, including failure to prevent and treat pressure sores, failing to ensure that residents receive adequate nutrition and hydration, and for failing to prevent abuse, mistreatment, and neglect of residents.[4] Compounding these problems is the fact that 92% of nursing homes in Arkansas failed to meet minimum staffing levels.[5]

Only 13 nursing homes in Arkansas in 2003 were found to be in full or substantial compliance with federal health requirements.[6] Given these facts, it is disconcerting to realize that the study conducted in Arkansas may not fully disclose the extent of the problem. The study mentioned that “one-third of state inspections occurred on a predictable schedule.”[7] Because of this, homes had adequate notice to “conceal problems if they chose to do so.”[8]

Many of us have had to go through the situation of putting a loved one in the nursing home. This is a sad situation, because we know that this is not the way that our loved one wanted to spend the rest of their life. In insuring that this sad situation is not made worse through inadequate care, it is important that one remain abreast of the facts about nursing home care in this state. Further, we should make frequent visits to our loved ones to ensure that they are receiving adequate care. No one should spend his or her “Golden Years” in neglect.

[1] “Nursing Home Conditions in Arkansas: Many Nursing Homes Fail to Meet Federal Standards for Adequate Care,” available at http://oversight.house.gov/documents/20040624112120-66634.pdf, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id. at 2.

[5] Id. at 3.

[6] Id. at 10.

[7] Id. at 11.

[8]Id.

Originally posted at InjuryBoard by Sach Oliver

Hazing

Sach Oliver — Mon, 28 Sep 2009 18:27:56 GMT

Hazing

School has officially started back, and most students have been back to the grind for almost a month now. Many college students decide during their first year of college to become part of Greek and various other organizations. Most of these organizations provide students with great opportunities to make life-long friends. There are however, uglier sides to some of these organizations, discovered when it is time to initiate new members. Watching a movie such as Old School makes such activity seem comical, but outside of a Hollywood college campus, hazing activities can, and often do take dangerous turns.

Approximately 55% of college students involved in clubs, teams, and organizations experience hazing.[1] Hazing activity includes alcohol consumption, humiliation, isolation, sleep-deprivation, and sex acts.[2] Some of these activities simply involve what most would simply call mischief, while some of these activities are downright dangerous. For example, 12% of students hazed drink alcohol to the point of getting sick or passing out, and 26% participate is some kind of drinking game.[3] Further, 11% of those hazed are required to deprive themselves of sleep.[4] While such activities are dangerous on their own, these statistics do not take into account the number of students who get behind the wheel of a car while in a drunken or sleep-deprived state as a result of taking part in hazing activities. Some initiates even endure harsh weather conditions without appropriate clothing.[5]

While activities like those listed above can have dangerous consequences, so can seemingly less dangerous activities. Take for example, Matthew Carrington, a Chi Tau pledge at Chico State University who died in 2005 as a result of hazing activities.[6] Matthew did not die from drinking too much alcohol. Instead, he died from water intoxication that caused the swelling of his brain and lungs, after he and another pledge were ordered to drink from a five-gallon jug of water that was continually refilled.[7] His death was the result of a pointless initiation activity that included among other things exercising in raw sewage.[8]

While studies show that hazing is a common activity, it is imperative that the dangers of this activity are understood. Young adults should not be injured nor have their lives ended abruptly because of such senseless behavior.

[1] “Hazing in View: College Students at Risk,” available at http://www.hazingstudy.org/publications/hazing_in_view_web.pdf, (accessed September 16, 2009).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Elaine Korry, “A Fraternity Hazing Gone Wrong,” available at http://www.npr.org/templates/story/story.php?storyId=5012154, (accessed September 16, 2009).

[7] Id.

[8] Id.

Originally posted at InjuryBoard by Sach Oliver

“It’s Not a Tumor!”: Cell Phone Use and Brain Cancer

Sach Oliver — Mon, 28 Sep 2009 09:00:00 GMT

For those of you who cannot reference this title check out this link first (http://www.youtube.com/watch?v=8xqZnmESuiw&feature=related). In this clip, the Governator himself seems to be echoing the sentiment of the cell phone industry. The convenience of cell phones has caught on with a rapid pace in our society. It used to be that you only witnessed busy professionals jabbering away on cell phones. Today however, kids in elementary school are carrying them around, talking and texting their way through the day.

All along, the safety of cell phones has been studied, often with the results ending in the same “inconclusive” category. All the while, cell phone companies insist that their products are safe. A recent report entitled “Cellphones and Brain Tumors: 15 Reasons for Concern,” suggests that regular cell phone use can “result in a “significant risk of brain tumors.”[1] Despite this, there is no real conclusive evidence that one can point to in order to say whether cell phone use is directly related to brain tumors.

There is concern however, with the “biological effects resulting from electromagnetic radiation” on a person.[2] Noted, is the “higher risk of brain tumors for people who use a cell phone for at least 10 years and who typically hold the device to the same side of their head.”[3]

However, as noted, “there are gaps in knowledge that have been identified for further research to better assess health risks.”[4] This is a very interesting topic to ponder. The more our society turns to the use of cell phones, the more we are likely to find out about the health risks resulting from their use. If masses of people continue using this method of communication, data will be more prevalent, thus, easier to obtain. This is sure to be an emerging issue over the next 5-10 years, and one which warrants our full attention. I encourage you to read the David Lazarus article linked below.

[1] David Lazarus, “Cellphones and Brain Tumors: Report Revives Nagging Questions,” available at http://www.latimes.com/business/la-fi-lazarus9-2009sep09,0,7825195.column?track=rss, (accessed September 27, 2009).

[2] Id.

[3] Id.

[4] Id.

Originally posted at InjuryBoard by Sach Oliver

Protecting Our Children Part II

Sach Oliver — Wed, 16 Sep 2009 09:00:00 GMT

In my previous entry, I covered some general toy buying tips that people should consider before buying toys for their children. Today I would like to discuss a few of the more popular yet dangerous toys that you are likely to encounter in the marketplace.

Crash and Burn

If you have a child who is into things that fly, you may want to take a look at what runs their toy planes and helicopters. The Air Hogs RC Helicopters contain lithium ion and lithium polymer batteries that can burst into flames or explode of not handled correctly or are not charged with precision.[1]

Magnetic Earrings

I briefly mentioned this in my last entry. If a child swallows one of the small magnets in this product, the consequences can be very unfortunate.[2]

Phthalates ?

What in the world are Phthalates you may ask? These are chemicals used in everything from children’s makeup sets to bath toys and teething rings.[3] They are often used in children’s toys in order to make them soft and flexible.[4] The problem however, is that these chemicals have been proven to pose risks to children’s reproductive and endocrine systems.[5]

The Buzz about Dora the Explorer

Dora is a sensation with children, and you can even purchase a Dora lamp for your child. There is a potential problem with this though. A young child may mistake the lamp as a play toy, and if the lamp is plugged in, this exposes the child to risk of electric shock.[6]

Lead Dangers

Lead is a dangerous substance which can cause developmental problems in children.[7] Fairy backpacks and bags made by Tyrrell Katz have been found to contain dangerously high amounts of lead, as well as traces of arsenic and mercury.[8]

Highs School Musical Rockerz

Tests have shown that the High School Musical Rockerz toy guitars achieve volume in excess of 90 decibels.[9] Exposure to sounds that loud can cause hearing damage within 2 hours.[10]

Strangulation/Choking Hazards

Toys with long strings/cords pose strangulation hazards to young children. Two such popular toys are the Yo-Yo Ball and the Pull and Pop Pelican.[11] From 2002 to 2006, there were sixteen incidents of children losing consciousness because of the Yo-Yo Ball wrapping around their neck.[12] In addition, toys such as the Polly Pocket and Barbie Peek A Boo contain really small parts which if swallowed, can cause young children to choke.[13]

The previously mentioned products are some of the more dangerous toys that your children may come into contact with. We should be aware of potential dangers that threaten our kids. Taking proper precautions such as informing ourselves about dangerous toys is just a small, yet very important part of protecting our children.

[1] “10^th Annual Toy Safety Campaign: 10 Most Dangerous Toys of 2008,” available at: http://www.keenanskidsfoundation.com/downloads/ToyList1108.pdf, (accessed September 15, 2009).

[2] Id.

[3] Id.

[4] Id.

[5]Id.

[6] Id.

[7]Id.

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Id.

Originally posted at InjuryBoard by Sach Oliver

Protecting Our Children

Sach Oliver — Tue, 15 Sep 2009 17:39:16 GMT

If you did not know it, the Christmas season is upon us. Although it is only September, a walk around some local stores will fill your views with the likeness of the jolly fat man. It seems like Christmas starts earlier and earlier every year. One good thing about this however, is that we can really take our time in selecting those special gifts for our little ones. To this end, I would like discuss some tips I have found for selecting safe toys for our children.

According to the Consumer Product Safety Commission, choking is the most common toy related cause of death among children.[1] From the years 2005 to 2007, thirty-three (33) children choked to death on toys, balloons, or toy parts.[2] Obviously, the tip to be heeded here is to avoid toys that a young child can fit in their mouth.

Other toy related dangers include noise, magnetic parts, and lead and toxic chemicals.[3] Are you ever in another room and find yourself annoyed by that constant noise from a child’s toy? If you are, you may want to think about it another context other than your annoyance. Children’s ears are sensitive, and if you can hear a toy from another room, chances are it is too loud for your child.[4] Magnetic parts in some newer toys are very strong, and if swallowed (some resemble shiny candy) by children can cause serious intestinal complications.[5] Perhaps most dangerous however, are the chemicals found in some children’s cosmetic sets. [6] Some sets contain chemicals known to cause developmental hazards.[7] Lead in the paint on children’s toys is also a concern. When exposed to lead, children can suffer from lower IQs, developmental delays, or death.[8]

These are just some general tips to think about when you begin picking up presents for your kids. I will follow this entry with a discussion of some of the more popular, yet dangerous toys you are likely to encounter. Until then, keep these considerations in mind, and tell Santa to do the same.

[1] “Tips for Toy Safety,” available at https://www.uspirg.org/uploads/He/tx/HetxSglnkweWIYEY35-w0A/tips-for-toy-safety-2008.pdf, (accessed September 14, 2009).

[2] Id.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id.

[8] Id.

Originally posted at InjuryBoard by Sach Oliver

Looking for Former Employees of Northwest Medical Center

Ryan Scott — Tue, 01 Sep 2009 17:06:39 GMT

The Bailey & Oliver Law Firm is investigating a lawsuit filed

in Washington County, Case #08-3459-6: Terry and Eddie Paulino

vs. QHG of Springdale, Inc. d/b/a/ Northwest Medical Center

involving the alleged negligent credentialing of Dr. Tony Raben.

If you are former employee of Northwest Medical Center who worked

during any part of the time period of 1998 through 2007 and witnessed or

or have knowledge of any complication, problem, or poor outcome concerning

Dr. Tony Raben's patients, please call our offices IMMEDIATELY:

Our phone number is 479-273-1445.

The Bailey & Oliver Law Firm is located at:

2000 S.E. 14^th St., Bentonville, Arkansas.

Originally posted at InjuryBoard by Ryan Scott

Looking for Surgical Patients of Dr. Tony Raben

Ryan Scott — Mon, 13 Jul 2009 14:14:33 GMT

The Bailey & Oliver Law Firm represents a Benton

County resident who was paralyzed on December 17, 2007

allegedly due to Northwest Medical Center - Springdale’s

negligent credentialing of Dr. Tony Raben.

For more information: Washington Co.Circuit No. 08-3459-6.

If you have been a surgical patient of Dr. Tony Raben, please call our offices

IMMEDIATELY: Our phone number is: 479-273-1445.

The Bailey & Oliver Law Firm is located at:

2000 S.E. 14^th St., Bentonville, Arkansas

Originally posted at InjuryBoard by Ryan Scott

Frank Bailey Named Outstanding Trial Lawyer of the Year

Ryan Scott — Tue, 05 May 2009 16:47:53 GMT

On Saturday, Arkansas attorney and InjuryBoard Blogger, Frank Bailey was named the Arkansas Trial Lawyers Association Outstanding Trial Lawyer of the Year.

This is the most prestigious award given by the Arkansas Trial Lawyers Association.

Many trial lawyers covet this distinction, and work their whole lives for it, but few attain the honor. Frank Bailey embodies all that we as trial lawyers should strive to be; he is compassionate, generous, hard-working, and skilled.

Speaking personally, Frank Bailey has been a mentor and a friend to me. If our greatest calling is to teach others, Frank has paid his debt in full. In a time when lawyers who fight for those who can't fight for themselves are being villainized, Frank Bailey is a shining example of what a trial lawyer really is... a voice for those who can't speak for themselves.

Janelle House of the Baxter Bulletin captured the essence of Frank's story. I share excerpts of this story below (with her permission) in the hopes that his story will inspire you as much as his example inspires me.

Janelle House, Baxter Bulletin Managing Editor

Since opening a tiny law office on the Mountain Home square more than 30 years ago, until he built his current office, Bailey has been advocating for those who have suffered serious — often fatal — injuries through others' wrongdoing.

"Mr. Bailey is a shining example for our colleagues," said ATLA president Paul Byrd.

Bailey says working on the farm in his youth taught him a lot about farm life and country life. And attending band camp at Fayetteville sold him on attending University of Arkansas.

Once at U of A, he roomed with law students and was determined to follow them into law school. But those studies were interrupted when he was drafted into the Army and eventually shipped to Vietnam in 1970. Ultimately assigned to the 101st Airborne Division, he landed at Camp Eagle — where he could see North Vietnam from his post.

Surviving the war, he returned home, finished law school, and backpacked around Europe before opening his law office in Mountain Home in 1974.

From a tiny office inside a space that Nature's Way health food store now occupies, he opened his practice.

He recalls those days when his secretary used an electric typewriter and carbon paper to draft pleadings. If multiple copies were required, they used the copy machine at a nearby real estate office.

When he was able to earn $5,000 in settlement money for his clients in his first medical malpractice case, he found his calling. Since then, Bailey has gone after defendants as large as Ford Motor Company to keep the rights of those who have been hurt intact.

In that case, he represented a little girl who became a paraplegic after the car in which she was riding crashed head-on into another car. He discovered the thin metal strip that keeps the trunk contents from slamming into passengers in front-end crashes — which he described as flimsy as a shower rod — failed.

Ford paid substantial damages in the case.

But Bailey isn't completely satisfied with the results. He says recent tort reform in the state has changed joint and several liability, which means Ford was let off the hook from paying the entire tab. Instead, the other driver was found to be primarily at fault, but his paltry insurance coverage couldn't begin to pay the damage it was assessed.

For Sach Oliver, who joined Bailey & Oliver Law Firm two years ago, Bailey is a mentor and a friend.

"More than a law partner — he's my mentor," Oliver said. "He's taught me everything that I know.

"Frank is constantly learning," Oliver said. "(He) goes to his clients' homes to get to know their families. He tries to place himself in their shoes to learn what they're going through. That motivates him to do the best job he possibly can for them in their time of need.

"The whole premise behind what he does is upholding the constitution to insure injured people receive due process and proper compensation," Oliver said. "He's dedicated his life to this cause."

Indeed, Bailey says his most rewarding case was getting compensation awarded to a 4-year-old boy from Little Rock whose mother took him to their doctor four times complaining of a high fever. With little treatment other than mild antibiotics and reassurance that he would be fine, the boy's bacterial meningitis went untreated and he suffered severe brain damage.

"The next day he went into convulsions," Bailey said. "When he got to the hospital, you could see from the CTs of his brain that a quarter of it was gone.

"He was a beautiful child."

Bailey's hard work paid off for that family.

"We were able to get a substantial settlement," Bailey said. "Now his parents are able to do things like buy a new house: not a fancy house, but one that's all on one level. He couldn't climb the 15 steps to the front door.

"The sad thing is, he had so much potential," Bailey said, visibly moved by the memory. "He's a super kid."

"What people don't realize about him," said Barney Larry, who has known Bailey for more than 30 years, "he's a very tough lawyer in the courtroom, but he has a very soft heart. And, he really cares about doing the right thing."

Oliver says that's what makes Bailey a superb advocate for his clients.

"His main talent is to be humble and confident in the same stroke," Oliver said.

Bailey also has a passion for community service. He has served as president of Mountain Home Rotary and currently serves as president of Mountain Home Area Chamber of Commerce. He's also a member of Baxter Regional Hospital Foundation Advisory Board.

Gov. Mike Huckabee named him to serve as a special associate justice to the Arkansas Supreme Court three times. He is board-certified as a civil trial specialist by the National Board of Trial Advocacy and is a diplomate of the National College of Advocacy. The MidSouth edition of Super Lawyers listed Bailey in the field of personal injury. Martindale-Hubbell, widely considered the most authoritative resource on the legal profession for more than 100 years, rates Bailey "AV," its highest rating. He's also been selected to be included in the 2008 and 2009 editions of Best Lawyers.

Bailey is married to Pat Bailey, vice chancellor at Arkansas State University Mountain Home, and son Frank is studying at Fayetteville to be a baker.

Originally posted at InjuryBoard by Ryan Scott

Focus Groups are the Key to Trial Success

Sach Oliver — Tue, 28 Apr 2009 18:15:49 GMT

Focus Groups are the Key to Trial Success

Our firm conducts at least one focus on every case we have in litigation. In our firm, that is almost every case. Our focus groups consist of gathering 12-18 people from the community where the lawsuit is filed and presenting the case to those mock jurors. Then the jurors give us feedback for trial preparation.

If a case is worthy of trial, it is worthy of a focus group. Clients and trial lawyers have one shot at winning…the TRIAL. In almost every aspect of life where winning and losing are at stake, practice is necessary. Do you think the Pittsburg Stealers practiced and played other football games before they won the Super Bowl this past year? Absolutely, hundreds of times. So why would you not expect a trial attorney to practice the case or test the case with a jury before the big “super bowl” trial?

Our firm also conducts focus groups for outside firms. Other firms hire us to conduct a focus group on their case. We have done focus groups for both sides, plaintiff and defense. When you (clients and lawyers) realize that the jury governs the entire case from the beginning, through discovery, and up to trial, you will want a focus group for your case.

Originally posted at InjuryBoard by Sach Oliver