Medical Negligence

Medical Errors are the Third Leading Cause of Death in the U.S. Trailing Only Cancer and Heart Disease

If you were put on the spot, and asked what the top three leading causes of death were in the U.S., what would you say?  Cancer, right?  Check.  Every single person on this planet has been touched or affected by cancer.  I can name multiple family members and even close friends who have succumbed to this horrible, awful disease.  Heart disease?  Check.  Much like cancer, heart disease has affected untold people.  Our eating habits, lack of exercise, and culture undoubtedly play a huge role, but regardless of the cause, we all are way too familiar with heart disease.

But number three?  Hmm.  Toxin exposure?  Drunk drivers?  Nope and nope.  Medical errors.  A recent study performed at Johns Hopkins found that there are upwards of 251,454 deaths in the United States EACH YEAR as a result of medical errors.  That is a group of people greater than the population of Little Rock killed by medical errors.  EACH YEAR.  And the researchers feel that this number is on the very low end of statistical data, given that a large number of errors go unreported.  The U.S. Department of Health and Human Services found in 2008 there were 195,000 deaths by medical error among Medicare patients alone.  These include the elderly and disabled, those that we value and want to protect the most.  The Johns Hopkins researches urge modification and reform in the way deaths are recorded and reported by requiring all death certificates to have a space to mark that the death was a result of a medical error.  It is the researchers' belief that such a change would lead to a staggering number of medical error deaths that they hope would eventually lead to widespread reform in medical care.  

An article from CNN is linked below.  Please read it and all information to educate yourself about the dangers of medical errors.  You and your loved ones could be affected or killed.  As you read, ask yourself "How many deaths due to medical errors is an acceptable amount?"  And then ask "How many deaths of MY family members is an acceptable amount?" These situations are more widespread than many would like to admit, even to themselves.  


Carroll County Wrongful Death Lawsuit May Be Headed to Supreme Court

Gibson Law Firm recently defeated a motion for summary judgment, filed by the Arkansas Municipal League on behalf of the City of Eureka Springs, Arkansas, in a wrongful death lawsuit pending in Carroll County Circuit Court.  The case involves the Estate of Laura Wooldridge, who died as a result of medical negligence committed by multiple parties, including employees of the City of Eureka Springs and Air Evac EMS, Inc.  The City of Eureka Springs has a liability insurance policy, which under established Arkansas law would foreclose any claim of governmental immunity it may have.  However, the mayor and city council members alleged and swore under oath in the city's motion that they had no knowledge of the existence of the policy and that former fire chief Rhys Williams obtained the policy without their knowledge or authorization.  As such, they claimed that the policy should be voided and the city dismissed based on immunity.  To make a long story short, the city attempted to back out of its own coverage in an attempt to be dismissed from a lawsuit.  Who would be harmed by such an act?  The innocent victim, who would have no recourse against the city.

Luckily, the city's assertion was quickly proven to be false.  The policy had been in place for almost 20 years and had been renewed through at least three insurance companies.  In addition, four fire chiefs and multiple mayors had renewed the policy and paid for it.  Who had signed the checks renewing the policy for the past several years?  Mayor Morris Pate, who had previously sworn, under oath and penalty of perjury, that he knew nothing about its existence.  Discovery in this matter should be interesting, to say the least.

Based upon the foregoing, the court properly denied the motion for summary judgment.  This tragic and horrible case has been reported on by the Lovely County Citizen, the local newspaper in Eureka Springs.  Please read page 5 of the attached link.

The City all but threatens to tie the case up in appeals for years instead of allowing a Carroll County jury to hear the case and render a verdict.  It does not even appear to deny its share of liability.  This appears to be more what has become an all too common refrain of "deny, delay, defend" instead of a admission of a wrong that resulted in the ultimate loss.  Laura should be here today, sending her children off to their first day of school.  Instead, her children have no mother to wave goodbye to, and a hole has been placed in her family's heart forever.  

Gibson Law Firm is committed to pursuing wrongdoers and will ultimately obtain justice in this case.  Regardless of how long it takes, or whether the defendants attempt to delay through years of appeals, Gibson Law Firm will remain steadfast in seeking justice for all of those harmed by such a careless act.   

What to do when your doctor has a change of heart about your medical negligence case.

So often, a subsequent treating physician will urge a patient to sue a prior treating physician for medical negligence, only to have a change of heart later on.  What causes this change of heart?  Who is urging him or her to have that change of heart?  What can you do?  Can you do anything?  How do you protect yourself or your loved ones?   Why won't anyone tell the truth?  

Read the article recently written by Jesse Gibson of Gibson Law Firm, PLLC.  It is a sad, but frequent occurrence.  Please arm yourself with knowledge if something horrible happens to you or your loved ones.  There are ways to deal with this unfortunate situation.  Click the link to read the article.