Tort Law

Jesse Gibson Speaking Against Issue 1 in Conway September 10th!

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Please join us as Jesse Gibson addresses the Faulkner County Democratic Party this Monday, September 10th, at 6:00 PM at Old Chicago Pizza in Conway.  We will be discussing (among other things) Issue 1, the tort "reform" provision that will be on the November ballot.  We will have general information about Issue 1 and why it is bad for Arkansans, plus ways for you to get involved and to defeat Issue 1!  If you have any questions, please contact us through our website at www.jessegibsonlaw.com or by email at jgibson@jessegibsonlaw.com.  Please view the latest Protect AR Families anti-Issue 1 ad below!

SEE YOU MONDAY!!!

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.  

 

Please, Please, Please Do Not Disclaim Medpay, Underinsured, and Uninsured Coverage

Often, when I meet with clients, it is days or weeks after the worst days (or one of them) of their life.  Either they or a loved one has been in a horrible accident, and they need lots of medical care.  Or they are injured due to someone else's negligence, but quickly learn that the person that hit them only has the statutory minimum insurance coverage of $25,000 per person, and they are faced with bills 5 times that amount.  Or even worse yet, they are hit by someone with no insurance coverage at all.  

Sometimes when faced with these situations, and I ask "What kind of insurance coverage do you have?" I am met with blank stares because they don't know.  This is entirely common.  Most folks buy insurance because they are legally required to, and never give it a second thought.  This is an easily solvable problem.  The real tragedy occurs when I locate their declarations page and discover they have disclaimed med pay (PIP) coverage, Underinsured Motorist (UIM) coverage, or Uninsured Motorist (UM) coverage.  This decision saved them a few bucks every six months when they purchased their policy, which sounded like a great deal.  Little did they know that they might need that coverage in case the worst happened.  When someone injures you, and you need additional insurance coverage to help pay for medical care or lost wages, those few bucks seem wholly insignificant.

I try to educate my clients one at a time of the value of purchasing the most med pay, UIM, and UM coverage they can afford.  As you might guess, I am insured out the wazoo, and my med pay, UIM, and UM coverage is about $40 every 6 months.  So don't skimp.  Don't try to save what is the equivalent of a pizza dinner for your family.  Spend the money and get as much med pay, UIM, and UM coverage as you can afford.  You only need it when you need it, and old Benjamin Franklin is right in this regard.  An ounce of prevention is worth (MUCH MORE) than a pound of cure.  #arlx

 

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.