Suing A Nursing Home For Negligence

When loved ones or relatives sends an elderly to a nursing home facility, there is an assumption that the senior citizen will be taken cared of and provided the care they require for their age. However, as Karlin, Fleisher & Falkenberg, LLC reveals, nursing homes end up abusing or neglecting their loved ones. When there are obvious signs of negligence, abuse, or neglect by these facilities, the loved ones of the elderly can sue them for nursing home negligence.

So what are the grounds for filing a nursing home negligence lawsuit? There is a plethora of causes that can make nursing homes liable for negligence. Here are some examples:

  • Failure to maintain the safety and being hazard-free of the facility. It is the responsibility of the nursing home facility to ensure that their residents are safe and free from any hazards such as slip and fall accidents.
  • Negligent hiring. The nursing home facility can be liable for negligence if they hire an employee who ends up neglecting, abusing, or intentionally harming a patient. The lack of training and supervision of the employee can be a contributing factor to this.
  • Failure to maintain sufficient health and safety measures. This includes maintaining cleanliness and sanitation in the rooms and common areas.
  • Lack of adequate medical treatment. Aside from negligence, the nursing home facility can also be liable for medical malpractice. This happens when there is sub-standard medical care resulting to harm for the resident.

Nursing home facilities that accept Medicare are bound to Federal Regulations in terms of standard of care. Regulations require facilities to provide the following guarantees:

  • An environment that is hazard-free as much as possible
  • Adequate supervision and assistance devices to avoid accidents

The challenge with proving nursing home negligence is that it is not always obvious what went wrong and who is legally liable for any injuries. At the same time, the evidence available is often incomplete and self-serving on the part of the facility. This is where having an experienced attorney can come in handy.

 

Serious Injuries Children May Sustain In Playgrounds

Substantial part of typical children’s life is spent on playgrounds to hone their locomotion skills and for them to learn how to interact with one another and to gain friends. However, an alarming statistic from the U.S. Centers for Disease Control and Prevention (CDC) revealed that over 200,000 children every year are treated in emergency rooms after suffering injuries in playgrounds.

One of the common factors of playground injuries is poor design or poor maintenance of playground equipment. Due to frequent usage and exposure to harmful weather elements, many components of playground equipment easily wear down. Deteriorated metal parts of slides and monkey bars that are already rusted for example can cause laceration injuries. Children who sustained such injuries are prone to tetanus bacteria infections. Such infections can be fatal and in some situations serious spasms may result to broken bones including spine. Individuals who sustained broken bones, according to the website of Russo, Russo & Slania, P.C., require continuous treatment to address long-term mobility issues and recurring pain.

Another cause of playground accidents is due to poor design leading to malfunction. A lot of children are at risk of sustaining fall injuries, head or neck injuries, in playgrounds if equipment suddenly malfunction during use. An outdoor playground can also be considered unsafe if it does not have sand or grass to lessen impact of fall. Protruding screws or nails in playground equipment can also cause serious injuries to children. Though parents are devastated when their children suffer playground injuries, it is critical for them to know who might be liable in such accidents. Clearly identifying negligent parties is important mostly if parents have decided to pursue compensations to cover expensive hospitalizations.

The CDC estimated that 45 percent of injuries in playgrounds resulted to amputations, internal injuries, serious fractures, and dislocations. A 2001 study of trends and patterns of playground injuries in the U.S. revealed that girls are slightly at high risk of sustaining injuries compared to boys.

What Are the Basics of Personal Injury?

There are very few moments in life that can change someone entirely. It is often described as a “before and after” event; who you were before and who you become after the one event are remarkably different people. And it can all happen in one day. Sometimes, these changes can be absolutely wonderful. You could win the lottery and manage to raise yourself out of debt. Your wife could give birth and you hold your first child in your arms and suddenly, you feel like a father (or the other way around).

Sometimes, unfortunately, these events can be devastating and leave you so much worse than it did before.

One kind of these horrible events is a situation that can be considered under the grounds of personal injury. According to the website of the attorneys with the Law Offices of Yvonne M. Fraser, personal injury is the legal term that is used in order to depict a situation that concerns an injury that an individual has suffered upon their person that was a direct result of the negligence of another party. This injury can be physical, mental, or emotional in nature; some cases involve a combination of two or all three.

These injuries are debilitating and costly in more than one way which is why people are urged to seek legal action for them in order to receive compensation. More than just the medical expenses, the compensation rewarded to victims must also suffice for loss of wages from days of work that were lost in order to attend and then recover from the injuries. Sometimes, personal injury can even result in the death of the victim, which is an entire league of its own.

It is a complicated legal issue and it is filled with many intersecting variables that need to be taken into consideration by experienced professionals who are familiar with the field. That is why it is recommended for you to seek legal help immediately, such as that of the services of an Oceanside Medical Malpractice Lawyer, after the injury has taken place.

Drug Trafficking: A Billion Dollar Industry in the US

The use of illegal drug is linked to several major causes of death in the US, including homicide, suicide, violence, HIV infection, motor-vehicle injury, hepatitis and mental illness. This is why the US Federal Government has never stopped, but, rather, still intensified its war against illegal drug trade which heightened starting in the 1970s when various criminal groups from neighboring Mexico started to smuggle marijuana, heroin, cocaine, hallucinogens, amphetamine and methamphetamine in the US through various routes.

Drug trafficking generally refers to the importation, exportation, production, sale, distribution and possession of prohibited drugs – a definition that is applied to all types of illegal substances. In its website (http://www.dea.gov/druginfo/ftp3.shtml), the US Drug Enforcement Administration (DEA) has posted a table that shows the federal trafficking penalties for illegal drugs falling under schedules I, II, III, IV, and V. It details the number of years in jail and the amount of fines based on the type and quantity of substance seized, and the number of offenses committed.

Because of the serious harm illegal drugs can cause both in the user and on others (who may be victimized by the drug user after the substance takes effect and control his or her thinking), federal and state authorities have been more intense is clamping down on suspected and identified drug traffickers. But, like in their campaign against DUI or DWI, some enforcers sometimes become overzealous, apprehending individuals who may only have been used as fall guys or unknowing couriers by drug crime syndicates or charging first offenders with very serious criminal charges that entail grave punishment.

While blaming authorities for their overzealousness in making arrests may be futile, as they are just concerned with protecting the welfare of the general public, the effect of the charge on those apprehended cannot be belittled as it will seriously affect their personal and professional future.

Many law firms and criminal defense lawyers provide valuable information on how those unjustly charged with a drug trafficking crime may possibly save themselves from a conviction or from being given a severe sentence. Click here to learn more about criminal defense strategies.

Protecting Nursing Home Residents from Abuse

Horace, a Roman philosopher, once said: “pulvis et umbra sumus”. We are but dust and shadows, so the saying states. From the dust from where people were hailed, to dust people shall return – but before all that, there is a whole life to live.

Thanks to the innovations of modern science, the expected longevity of human life has been significantly increased. There are medications available that ensure a long, full life for a human being. However, with age comes increased frailty as the bodies slowly deteriorate to ready themselves to their descent back to the dust and shadows whence they came. However, as all humans of all ages and races and creeds are born free and equal, any one person has legal, human rights from the moment they are born, even until after they are dead.

There are even special laws in place that protect the elders of our population, specifically those who reside in nursing homes. These facilities are necessitated by law to adhere to a certain standard of care in order to care for their elderly wards. They are expected to have a sufficient number of professionals who can care for their patients as well as have their facilities be capable of caring for these elderly folk. If these standards cannot be met, then the care of that elderly person in that facility can be classified as nursing home abuse.

Nursing home abuse, according to the website of the John Michael Bailey Injury Lawyers, is a subset of personal injury. These kinds of lawsuits can be difficult to pinpoint as abuse victims can be hesitant to report their abusers out of fear. That is why it is of the utmost importance to keep a vigilant eye on the nursing home where an elderly loved one may be residing, should there be any signs of maltreatment or abuse. If there any signs of wrongdoing, it is recommended that experts are contacted immediately so that the matter can be investigated further so that appropriate actions can be made.