Nursing Home Negligence

The issue of nursing home negligence and abuse is of ongoing concern to us. We want you to be aware that the majority of incidents of abuse, including those that result in the death of a nursing home resident, are not reported. A recent study by the General Accounting Office, Nursing Homes: More Can Be Done to Protect Residents from Abuse (GAO-02-0312), found that reporting and tracking problems are the main obstacles holding up criminal investigations by law enforcement agencies.

There are insufficient safeguards to protect our approximately 1.5 million nursing home residents from potentially abusive individuals. Currently, no federal statute requires criminal background checks for nursing home employees.

If you are aware of nursing home abuse or negligence, please contact us to discuss your legal options. If you would like a copy of the GAO report of March 2002, feel free to contact us and request the full report.

If you're diabetic

Take good care of yourself

Sixteen million Americans have diabetes, but a third are unaware they have it.

A diabetic has too much blood glucose, or sugar, because the pancreas doesn't make enough insulin, a hormone that helps the body use glucose for energy. Too much glucose weakens cells and can eventually damage eyes, nerves, kidneys, and the heart and circulatory system.

Today, people can get good help diagnosing and managing diabetes-and live long, healthy lives. Teams comprised of physicians, dieticians, dentists, ophthalmologists, podiatrists, pharmacists, and others can provide counsel, therapy, and medications. Diabetics can also reduce health risks by managing weight, controlling diet, taking medications, exercising, stopping smoking reducing stress, and staying positive mentally.

If something's "wrong"

Diabetics learn to stay in close touch with their bodies. When something doesn't "feel right," they get help immediately. After a 46-year-old diabetic male died from a major infection, his family won a malpractice verdict. His doctor failed to order blood tests or emergency room treatment, even though the patient reported high fever, low blood pressure, rapid pulse, and back pains.

Workers' Compensation

Workers' Compensation acts are state-regulated insurance programs that help workers who are injured on the job or suffer diseases related to their occupations. Benefits customarily include weekly compensation to disabled workers; fair hospital, surgical, and medical expenses; and payment of death and burial expenses. Getting a worker back on the job is the goal of most programs.

On occasion, employers and their workers' compensation insurance company disagree on employees' injury claims. When that happens, it's usually best to try to answer questions and resolve disputed issues informally. If that fails, workers have the right to seek legal assistance and to seek resolution proceedings, which may include reviews, appeals, and even arbitration. Because Workers' Compensation is expensive for employers, they naturally monitor claims carefully. Employees often may need an attorney's assistance to obtain fair treatment after a work-related injury.

An employer terminates benefits

A utility company employee was hurt on the job and received workers' compensation benefits following surgery to repair a shoulder injury. After a year and a half, his employer determined the employee had reached his maximum medical benefits and terminated them. The employer simultaneously notified the employee's private disability insurance carrier that the claim was settled, but also added that it suspected the employee was working elsewhere. The private carrier terminated the contract; the employee ran out of money and declared bankruptcy. The employee sued the utility, alleging bad faith in refusing to pay benefits due on a legitimate workers' compensation claim and for intentionally inflicting emotional distress. A jury agreed, and awarded the employee both compensatory and punitive damages.

Suspicious Mail

It's always a good idea to remember these key United States Postal Service suggestions about suspicious letters and packages.

What mail should you suspect?

Unexpected mail from unknown sources.

Pieces addressed to names not at the address.

Mail with no return address.

Addresses handwritten in block lettering.

Lumpy or lopsaided mail.

Heavily taped packaging.

Anything marked "Personal" or "Confidential"

Mail with too much postage.

What should you do with suspicious mail?

Avoid handling it.

Never shake, bump, or smell it.

Wash hands after touching.

Notify law enforcement.

What is loss of consortium?

When victims suffer injuries, they can lose many important things.  Seriously injured people may suffer financial difficulty from losing their ability to work or walk readily, or to get a good night's sleep. Those less seriously injured may forfeit a day or two's pay or may have to pay for accident reports out of their own pockets.

Often, it's not only the injured person who loses something. The rest of the injured person's family is deprived of vital noneconomic valuables, such as affection of a spouse, companionship or parental guidance of children, or the camaraderie of brothers or sisters.

Loss of consortium is a term that our legal system uses to recognize and compensate those who have suffered losses due to the negligence of others.  For instance, parents sometimes sue doctors for loss of consortium with their baby is negligence was involved in the infant's death. Another example might be a wife suing an employer should her husband lose his ability to have sexual relations following an accident that can be attributable to a business's disregard for safety.

Auto breakdown?

If you run out of gas or your car breaks down on a highway, you can take several steps to make sure your wait for help is a safe one.

Preparation and prevention

Take out a membership in a roadside assistance program.  Many new cars come with them.

Purchase a cell phone for emergencies.

Keep your car in good operating condition.

Carry safety triangles or flares.

Keep the spare tire in good condition.

Know your route and don't risk getting lost.

Breaking down

Guide the car to as safe a location as possible, and as far off the road as you can.

Raise the car's hood and place an handkerchief in the driver's window to signal a breakdown.

If safety is a concern, stay in the car, lock the doors, and call for help.

If people offer assistance, have then call law enforcement.  Never accept a ride.

Take cab fare and pay-phone change.

A fatal accident

Even though a driver pulled far onto a shoulder when he ran out of gas, he was killed when his van was struck by a tractor-trailer that wandered off the road.  The deceased's wife and children files suit and received a post verdict settlement after their attorney demonstrated that the truck driver had falsified his driving logs and was driving while fatigued.

Know your heart risk factors

How much do your know about heart disease?  Pick the true or false next to each answer.

All answers are true.  However, even if you take good care of your heart, you can still run into problems.  When a patient suffered a fatal heart attack a week after having an EKG, his survivors sued for medical negligence.  They won a verdicts when their attorney proved that the doctor and the medical center failed to disclose that the testing showed the patient has had cardiovascular problems and a minor heart attack.

You always need a witness

If a tree falls in a forest and there's no one there to hear it, does it make any sound? Do you remember this old conundrum?

When it comes to personal injuries, such as a slip and fall or an auto accident, it's always best if there is an observer to affirm that the event took place and to bear witness to its details.

If you're upset or in discomfort following an injury, the last thing you're probably interested in is finding someone who will say they saw or heard what happened. But think of this: Should you need to sue to receive compensation for medical bills and pain and suffering, a witness's testimony may be the most important single verification of the injury that you have going for you. When a case is before a jury, the other side's lawyer will look for witnesses to say the accident happened in a way that differs from your recollection. The opposing lawyer may look for details that may even suggest you were at fault for what happened. Talk about blaming the victim!

So here's what to do. Try your best to get the names, addresses, and telephone numbers of any witnesses to any accident in which you are involved.

You always need a witness.

Water park safety

Water parks are great fun, especially when the weather's hot.  However, fun-seekers need to take several serious safety precautions.

Closely supervise youngsters at play at all times. Discourage roughhousing.

Teach children to swim or make them wear approved life jackets.

Be sure lifeguards are on duty and attentive.

Understand and follow all park rules.

Carefully evaluate the unique featured of each water attraction. Don't go on any that are inappropriate.

Pay particular attention to water slide safety, and be sure users start in the proper position.

A pelvic injury

When a man exited a "Bonsai" water slide, he received serious pelvic tendon-tear injuries, even though he obeyed park rules and lifeguard instructions.  His attorney earned a monetary jury verdicts after demonstrating that the water park rise failed to comply with industry exit-speed standards, that there had been numerous previous injuries, and that park employees never received waterslide-use safety training.

Everyone needs a will

A will is a legal document a person uses to control how their personal and financial matters will be handled upon their passing.

Dying intestate, without a will, may lead to very serious consequences. It permits the state to decide which heirs will receive the estate's assets and under what conditions. Dying intestate may fail to protect a surviving husband's or wife's interests, or enable the government to appoint who it wants as children's guardians or trustees.  It may also levy greater taxation on an estate's assets.

If you answer "No" to any of the following questions, an attorney can help with your estate planning and will.

Do you have a will?

Is your present will up-to-date?

Do you know how much tax will be imposed on your estate?

Have you planned strategies to reduce your estate taxes?

Is there any plan in place to pay estate taxes without selling property you wouldn't want sold when the estate is settled?

Referrals

We want you to think of us as your law firm.  If you have legal matters that need attention, please let us know.  If we cannot handle the matter, we will refer you to a competent firm that can.

Please feel free to refer us to your family, friends, and neighbors for their legal needs.

We welcome the opportunity to help.

Call us: You're going to feel a whole lot better about things.