The widespread reports of nursing home abuse has prompted the government to enact legislation in 1987 which demanding nursing homes that participate in Medicare or Medicaid to follow specific rules to ensure quality of care. The Nursing Home Reform Act states that nursing home have the responsibility to “…provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial wellbeing or each resident in accordance with a written plan of care”. In order to engage in Medicare or Medicaid, all nursing homes should comply with federal requisites, especially for long-term nursing care facilities.

As the numbers of older patients in nursing homes and other assisted living communities increase, the seniors are being put in a very susceptible position for various types of nursing home abuse and this should cause alarm to many adult children and grandchildren on these elderly patients. As stated on the website of Habush Habush & Rottier S.C., whether the abuse was intentional or not, the family of the patient has the right to sue the doctor, nurse, hospital, or anyone who has caused abuse in the nursing home.

Just as there are several types of abuse that can happen to an elderly patient in a nursing home, there is also a number or claims that the family of the abused can file against the nursing home or assisted living communities. These can depend on the actions, whether they are physical or sexual in nature, verbal abuse, financial abuse (by way of consumer fraud or identity theft) or false imprisonment. Because in general, nursing homes have high standards of care, the family can also cite neglect in their lawsuit. They have to prove in court that the neglect was the cause of injury or abuse to their elderly family member.

Most nursing home abuse lawsuits take time to finish because they are complex and most nursing homes and assisted living communities are under corporations. Hiring an attorney who knows about this type of tort could help prevent your nursing home abuse lawsuit from being buried in the defendant’s paperwork. Once there is even little evidence of nursing home abuse, it would best to contact legal help to understand the next possible action.

read more

Every year, about 800,000 cases of dog bites or animal attack are reported in the US, with most of the victims being very young children and adults 60 years old or above, family members or relatives of dog owners themselves.

Dog owners naturally hold the belief that their dog/s is/are the greatest and the friendliest dog/s anyone can have. This is because dogs are generally friendly, loyal and adorable pets. Owners, however, should never dismiss the thought that there are certain factors that can make a dog feel threatened or over playful so that their next action would cause injury to someone. At other times, when allowed to run free, when they lack the much needed exercise, keeping their energy unspent, or when their owners fail to properly train them, then they can injure and even kill. Some of the serious damages that a dog can cause include disfigurement, scarring, severe laceration, bone fracture, crushed windpipe, nerve and muscle damage leading to loss of function or paralysis, loss of digits or limbs, disease and infection (such as rabies), or wrongful death.

According to the US Centers for Disease Control and Prevention (CDC), of the 800,000 reported dog bites each year; about 368,000 victims are rushed to emergency departments; in 2012, more than 27,000 dog-bitten people required reconstructive surgery. Due to these, CDC continuously works to find ways that are aimed at reducing the number of dog bites and animal attacks in the US. One of these means is the implementation of the leash law, or “Running at Large Statutes,” which states that dogs should be on leash, especially in public areas, like parks and woods trails, so as to keep them from injuring anyone.

Since dogs are their owners’ full responsibility, anyone these pets may injure are, therefore, the owners’ responsibility too. An Indianapolis personal injury lawyer may mention that those who get injured by other’s dogs have the right to pursue legal action against the owner for the purpose of recovering the compensation needed for their medical treatment, as well as for other damages that will result from the injury caused by the animal.

Many dog owners should learn and know how to take proper care of their pet/s and how to keep it/these from being a threat to anyone. Likewise, dog bite and dog attack victims need to know a number of important things, such as their legal right and options and possible right to compensation; things about which a dog bite attorney may be able to provide the needed legal help.

read more

Motorcycles are becoming more and more popular in society, associated with freedom and the open road. However, the harsh reality is that motorcycles are often far more dangerous than a normal car. With less protection and a smaller vehicle, motorcycle accidents can be some of the most devastating and terrifying. When cars fail to drive properly around motorcycles, these dangers are increased and can lead to life changing injuries.

There are many causes of motorcycle accidents. Due to their smaller size, motorcycles are less visible to cars overall making it harder for drivers to see them. Motorcycles also have no metal barrier between them and other vehicles around them like normal cars. This also means that debris that may not affect a car, like small objects or wet roads, can cause a motorcycle to be in a serious accident. Motorcycle drivers require a higher skill level to drive a less stable two-wheel car. Sadly, even if motorcyclists take the proper precautions, the reckless actions of another driver can lead to a life-threatening accident.

The consequences of motorcycle accidents can stretch far beyond having to replace the vehicle. Along with immediate medical bills, a motorcycle accident can leave an individual out of work for good if the injury sustained was too great, according to the website of Crowe and Mulvey. This can cause physical and emotional trauma for an individual that lasts long beyond when their injuries heal. While motorcyclists need to take proper precautions, such as wearing a helmet, to ensure safety, it is also the responsibility of drivers to respect motorcycles and drive cautiously around them.

read more

Did you know that Louisiana is one of the few states (and the first) to have a direct action statute for car accidents and other tort actions? Direct action means that an injured party can directly name the insurance company of the tortfeasor (wrongdoer) as the defendant in a personal injury lawsuit.

This is an important factor. The main advantage of being in a direct action state is that the plaintiff no longer has to sue the insured (who was the actual wrongdoer) first and then going through the process of claiming from the insurance company if the lawsuit is successful. In effect, the plaintiff can eliminate that extra step.

Another advantage is that if the plaintiff can prove that the tortfeasor has the right liability insurance coverage, the judge or the jury is more likely to award larger damages. They are typically more likely to do this if they know that an insurance company rather than the insured will be paying it. If the defendant is an individual with no insurance, juries are more likely to be sympathetic and reluctant to pass down a large award.

Louisiana is the first state to have a direct action statute. It has been in place since 1918, and it is based on the rationale that insurance coverage for car accidents is for the protection of the public, and not for the insured. It is therefore logical for an injured party to make a claim directly to the insured’s carrier. However, the plaintiff still has to prove that the insured acted negligently and that it is the proximate cause of serious injury or death.

As pointed out on the website of Ali Mokarram, proving negligence in a car accident is not going to be easy. With a one-year statute of limitations, and the added complication of the time restrictions that may exist in the insurance policy, it is crucial that the plaintiff files a lawsuit as soon as possible after an accident.

If you sustained serious injuries in a negligent car accident in Lake Charles or any other part of Louisiana, you need to act quickly. Consult with a car accident lawyer in your area as soon as possible.

read more

We have all seen the warning on the plastic or box of toy products with small parts: choking hazard. We are usually careful to purchase age-appropriate toys to avoid these issues but sometimes these precautions are not enough. Even if there is a warning and age restrictions, some toys are just too dangerous to be sold for use.

This was the case of a toy dart set imported from China by an American company that resulted in the death of an 8-year-old boy from Texas. It is usually the size of the toy part that constitutes a danger to very small children because they will often push these parts into their ears or nose or even swallow them. However, when the toy poses a danger to a child within the appropriate age range, then it can be considered “unreasonably dangerous.”

Above case, the Consumer Product Safety Commission launched an investigation that resulted in the issuance of a recall order of the product. But this is not the only toy that needs to be taken off the shelves.
According to this article, the following may also pose a threat to children:

  • Bead sets with easily detachable heart pendant small enough to choke on
  • Animal toys with parts that detach and represent a choking hazard (no small parts warning)
  • Toys that look like food
  • Lead-containing inflatable toys
  • Antimony, cadmium and phthalates in toys
  • Too-loud toys

Just because a product is found in the toy department in a major retail store does not mean that it is safe for a child’s use. If your child has acquired or been given any of the toys in this list, you should remove it at once. You may not have been aware of the dangers they pose, especially the toxic elements that may be present in the toy’s materials.

If your child has been seriously harmed because of a toy, you may be able to bring the manufacturer or importer to account for their negligence. Contact a personal injury lawyer in your area to find out more about product liability.

read more