We have always known that sexual assault in nursing homes was an under-reported crime. Sexual assault in general isn’t reported nearly as often as it occurs, for a myriad of reasons, and abuse that occurs in nursing homes is even more hidden because victims often cannot explain what happened or even identify their attacker. But of course, this is part of the reason why it’s so pervasive.old woman

CNN Investigations recently launched an in-depth analysis, combing through thousands of reports and interviewing families, regulators, and nursing home administrators.

It was firstly noted that there have been 16,000 complaints of sexual assault or sexual abuse lodged against long-term care facilities (nursing homes and assisted living facilities) since 2000. But even federal regulators have known this figure doesn’t capture all of the complaints. It only involves those wherein a state’s long-term care ombudsman got involved. It also doesn’t factor in the reality that most assaults aren’t reported at all.

Continue reading

Parents of two men killed in a boating accident have filed lawsuits for personal injury and wrongful death, seeking $4 million total. boat

The lawsuits are the beginning of what is likely to be a drawn-out legal battle over the estate of Miami Marlins pitcher Jose Fernandez, who also died in the crash. It’s believed his estate had more potential value than actual assets.

An autopsy performed on the 24-year-old All Star revealed he was legally drunk and reportedly had cocaine in his system. The trio were killed when the boat crashed off the shores of South Beach. A key point is likely to be who was operating the boat at the time of the fatal crash. Although Fernandez owned the vessel, it’s not clear who was actually behind the wheel.

Continue reading

The number of nursing home aides in a given facility is directly tied to the quality of care at that site. These are the staffers responsible for the day-to-day basic care needs, such as eating, bathing, dressing, and administering medications. Unfortunately, one of the most common ways nursing home administrators cut corners is by slashing the number of aides at any given time. old woman

In fact, if you look at nursing home facilities with high rates of nursing home abuse and nursing home neglect, one of the things you’ll find they likely have in common is low staffing numbers. Reduced staffing leads to higher demand on existing staff, which results in stress and lower job satisfaction. That can result in frustration that sometimes gets taken out on vulnerable patients. It also means there simply aren’t enough people on site to spend adequate time caring for each patient.

Some states are trying to bolster the minimum nursing home staffing level requirements. For example, in New Jersey, state lawmakers passed a measure that would raise minimum staffing levels for CNAs, or certified nursing assistants. The new law would mandate at least one nursing assistant for every eight patients on the day shift and every 10 patients on the late day shift and one for every 16 patients on the shift overnight.

Continue reading

An automaker may have covered up a defect in its vehicles that put motorists and passengers at grave risk of serious injuries and even death, according to the latest accusation against one vehicle manufacturer.throttle

It’s not the first time car makers have been accused of such actions. In some cases, these accusations have been proven, and car makers have had to pay out millions upon millions of dollars to injured victims and surviving loved ones – often for defects that were known for years but never addressed.

In this case, the allegation in the case before the California Southern District Court is that the electronic throttle body control systems cause the vehicles in question to suddenly – without warning or driver intention – decelerate. This in turn results in a potentially lethal situation in which the vehicle suddenly slows down wherever it happens to be. If a situation like this occurs on the highway, it could be deadly.

Continue reading

Two people were killed in a North Carolina motorcycle accident recently in Boardman. CBS North Carolina reports state troopers investigated the fatal crash, in which a pickup truck reportedly collided with the motorcycle on U.S. 74.motorcycle

It was around 6 p.m. that day when the 71-year-old pickup driver was reportedly hauling a trailer and did not yield for a stop sign before crossing into the path of that motorcycle, driven by a 51-year-old man. The motorcycle operator and his 52-year-old female passenger were killed.

The truck driver, who did not suffer any injuries, was charged with two counts of misdemeanor death by motor vehicle. Authorities do not suspect drugs or alcohol were factors in the crash.

Continue reading

Workplace hazards must be taken seriously, whether the job is being carried out at a construction site, a restaurant, or an office. chef

In a recent case in Connecticut, a personal chef employed by a wealthy homeowner tripped and fell on a plastic runner, placed there by a construction contractor initiating a host of renovations at the home.

In a situation like this, the worker would be considered the employee of the homeowner. Assuming the homeowner provided workers’ compensation (and in an arrangement like this, that wouldn’t necessarily be guaranteed), the worker would be unable to pursue litigation against the employer. However, there would be no stopping a claim against a liable third party, in this case the construction company. According to the Greenwich Time, that’s exactly what the plaintiff did – and prevailed.

Continue reading

In any wrongful death lawsuit, it’s imperative that attorneys adhere to the strict procedural rules of the court. This means filings have to be timely. They have to contain the right information. They have to go to the correct individual or entity. They have to follow a certain order. Dropping the ball on any one of these could have a serious impact on the outcome of a case. truck

In a recent lawsuit before the Nebraska Supreme Court, this was illustrated when, after the judge granted summary judgment to one of three defendants in a fatal truck accident case, the plaintiff entered a joint stipulation to to dismiss the case without prejudice. Thereafter, the plaintiff filed a notice of appeal regarding the earlier summary judgment. However, the state supreme court held that the voluntary dismissal without prejudice didn’t create a final order upon which the plaintiff could base an appeal.

To find that the appellate court had jurisdiction to review the summary judgment in this instance would mean going against long-standing precedent, in which there has to be a final order from which to appeal. That is, the plaintiff can’t move to voluntarily dismiss a case without prejudice, consent to the entry of this order, and then afterward seek appellate review of an earlier pretrial order. The reason for that precedent is that the court wants to avoid piecemeal litigation and a review process that would be substantially weakened.

Continue reading

Businesses that open their doors to customers have the highest responsibility to take reasonable measures to keep those guests safe from foreseeable injuries. Yes, that means making sure spills are cleaned promptly and staircases are well-lit so that guests don’t fall. But it also means making sure that measures are taken to minimize the risk of a criminal attack.parking lot

Although there is no universal definition of what this means, generally patrons can expect that parking lots will be well-lit, private rooms will have working locks, and security on site will be adequate, given the risk of crime for that business or in that area. Even though business owners don’t plan third-party criminal attacks, their inaction can leave patrons or visitors vulnerable to them, and in those cases, victims can seek compensation from the property owner through premises liability law.

In a recent case before the Texas Supreme Court, the plaintiff was assaulted and robbed in an apartment complex’s visitor parking. He filed a premises liability lawsuit against the apartment complex business and its owners, alleging it was known or should have been known that there was a high crime rate on the premises and in the surrounding area, and yet they failed to use ordinary care to make the complex safe.

Continue reading

Arbitration agreements are becoming an increasingly common way for businesses and service providers to limit their liability. These agreements, which can be either expressly signed or, in some cases, implied with purchase, strip the consumer of the ability to take any disputes regarding the product or service – including those that stem from injuries – to the court. Instead, consumers are compelled to resolve the matter in arbitration. doctor

Why does this matter? Because arbitration and the court system are not equal, and in many ways, there are stark disadvantages for personal injury plaintiffs. First and foremost is the fact that arbitrators tend to favor the business or service provider. Research has shown that even when awards are granted in a plaintiff’s favor, they tend to be smaller than the awards issued in court. Arbitrators do not have to follow the law, and arbitration proceedings are not public. There is also no right to appellate review if one side believes the determination is unfair.

Arbitration agreements are considered binding contracts, so their enforceability is weighed according to North Carolina’s contract law. There are a number of challenges that can be asserted, including a finding that the arbitration agreement is unconscionable. This means the contract is so overwhelmingly one-sided or unjust in favor of the party with superior bargaining power as to be contrary to good conscience. This was what was alleged in a recent medical malpractice lawsuit before the North Carolina Court of Appeals.

Continue reading

Chemical restraints involve the use of any type of drug for the purpose of restricting a person’s movement or freedom. A chemical restraint usually involves either a sedative, an anti-anxiety medication, or an anti-psychotic medication. In a nursing home setting, it’s illegal to use these drugs unless they are medically necessary to treat a specific medical condition or prevent the resident from causing immediate physical harm to themselves or others. wheelchair

Unfortunately, there are too many nursing homes that use these types of drugs on individuals for whom they are not medically necessary. Instead, it’s done for the convenience of the staff. For example, a dementia patient may have the propensity to wander, but that’s far less likely if they are sedated. The facility will drug the person rather than invest the time and money needed to provide proper supervision of the patient. But that’s a form of nursing home abuse. This can be a confusing matter for the family, especially since facility administrators are unlikely to refer to these drugs as “restraints.”

Recently in Virginia, a family filed a nursing home abuse lawsuit against a facility that had been in charge of caring for an 84-year-old matriarch. According to The Virginian-Pilot, staffers at the nursing home not only bound her to her wheelchair with bed sheets but also injected her with a powerful sedative in order to “silence” her.

Continue reading

Contact Information