Posted by Andy on Feb 3, 2017 in Injuries | 0 comments
“Slip and fall” or “trip and fall” is one of the most common types of accident that injure many people. Injuries resulting from slip and fall accidents include minor bruises, head injuries, neck, back and spine injuries, broken hips or broken pelvis, and torn tendons and ligaments.
According to the National Floor Safety Institute (NFSI), a 501(c)(3) non-for-profit organization, slip and fall accidents:
- are the number one cause of accidental injury;
- account for over 1 million hospital emergency room visits (records from the National Safety Council’s (NSC) Injury Facts show more than 8 million slip and fall accidents in the U.S. every year, though);
- result in more than 31 days away from work, making these the leading cause of workers’ compensation claims and are the leading cause of occupational injury for people aged 55 years and older (based on records from the U.S. Bureau of Labor Statistics );
- cause half of all accidental deaths in the home (these falls are at ground level, not from an elevation);
- often result to hip fractures, which are the most serious slip and fall injuries. These injuries lead to the greatest health problems and most number of deaths;
- caused the death of more than 15,000 people (over the age of 65) in 2005 (in 2004, fatal slip and fall accidents was only 7,700, according to the Centers for Disease Control and Prevention);
Floors and flooring materials, says the Consumer Product Safety Commission (CPSC), also contribute directly to more than 2 million fall injuries each year.
Slip and fall accidents can occur anywhere, including in stores, restaurants, churches, malls, supermarkets, theaters / arenas / stadiums, parks and playgrounds, food courts, swimming pool areas, retirement homes, parking lots, workplaces and private homes.
These can be caused by wet and slippery floors, cluttered floors, icy walkways, torn carpet or mats, loose floor tiles, floorboards or broken or loose stair treads or handrails, damaged sidewalks, ditches and potholes, or inadequate lighting.
In its website, the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., makes emphasis on the fact that “property owners are required by law to warn guests and visitors of anything that could cause them harm on their property, and to then reasonably address those dangerous conditions. Unfortunately, there are far too many property owners who fail to maintain safety on their estate or warn guests of any dangers that may be present, resulting in unsuspecting visitors suffering serious and sometimes fatal injuries.
When property owners fail to uphold their responsibilities and others suffer harm as a result, they can be held accountable for the effects of their negligence and carelessness.
individuals have a right to safety whenever they visit another person’s or company’s property, and when property owners fail to provide for the safety of guests and visitors,” then visitors can pursue legal actions to seek compensation for their sufferings, injuries and other damages.
Posted by Andy on Dec 12, 2016 in Nursing Home Abuse | 0 comments
Denying an elderly patient of their nutritional needs is one form of physical abuse in a nursing home. Ensuring proper nourishment of their residents is one of the major responsibilities of the nursing home administrators. Giving proper care of each and every resident is stipulated in the Nursing Home Reform Act. Under the law, a resident must be able to maintain an acceptable parameter of nutritional status such as body weight and protein level.
Karlin, Fleisher & Falkenberg will tell you that the amount of food that the residents are taking should be actively monitored by the nursing home staff. The law also calls for nursing homes to assess each resident as a means of preventing malnutrition. Known as the Resident Assessment Instrument (RAI), nursing homes are required to comply and perform the said assessment based on a federally mandated schedule.
The risk assessment consists of two separate tests namely MDS and RAPs. MDS stands for Minimum Data Set and is designed for measuring problems related to oral health and nutrition as well as hydration levels. When risk factors arise during the MDS, the nursing personnel must now perform the Resident Assessment Protocols. The MDS should also be done every quarter.
In Resident Assessment Protocols, physical, psychological, and social issues, the effects of medicines, anxiety or depression, and communication issues are assessed. RAPs are more intensive when it comes to determining specific causes of any nutritional or hydration deficiencies.
After the assessment, the nursing staff can now create an effective care plan for preventing malnutrition. The program must allow the nursing home staff to customize their plan according to the health and wellness needs of each resident. In addition, there should be a pre-set schedule to help the staff receive assessment. Finally, the plan should also include a quick response scheme so they can immediately avert malnutrition or prevent it altogether.
Posted by Andy on Sep 3, 2016 in Child Custody | 0 comments
Though courts usually prefer awarding custody or conservatorship to both parents to ensure that a child is able to experience love, care and attention from both parents, the court will refrain from doing so if it finds out that one parent is actually unfit to care for his/her child or, if in the child’s best interest, sole conservatorship or sole custody will be a better choice.
Being judged as an “unfit” parent can be due to a variety of different reasons, including: a health condition that would render such parent incapable of providing the amount of care and attention the child needs; abusive parental behavior (physical and/or verbal abuse); alcohol and/or drug dependence; exposure of child to pornographic elements and/or illegal activities; abandonment of the child; and, use of excessive, unnecessary discipline.
In sole custody or sole managing conservatorship, only one parent is awarded all the rights, powers, privileges, and duties associated with caring for his/her child. For the other parent to have time with the child, he/she is given visitation rights. If one parent is truly unfit, though, then it would the legal duty of the other to inform the court about this matter so as not to compromise his/her child’s well-being. By being unfit, the court may also deny the unfit parent visitation rights or make sure that times of visit are overseen by a professional appointed by the court.
As posted in the website of the law firm Kirker Davis, LLP, under Texas statutes, once a parent has been appointed as a conservator, he/she has, at all times, the right:
- To receive information (from any other conservator of the child) concerning the child’s health, education, and welfare;
- To confer with the other parent before making a decision concerning the child’s health, education, and welfare;
- Of access to the child’s medical, dental, psychological, and educational records;
- To consult with the child’s physician, dentist, or psychologist;
- To consult with school officials concerning the child’s welfare and educational status, including school activities;
- To attend the child’s school activities;
- To be designated on the child’s records as a person to be notified in case of an emergency;
- To consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and
- To manage the estate of the child.
Obviously, a parent will never want to lose his/her influence over his/her child and would do almost anything to spend time with the child. Though a parent may not be awarded custody, he/she should be awarded visitation rights. A highly-competent child custody lawyer may be able to help him/her achieve this, and may even be able to help him/her arrive at an amicable settlement with his/her former spouse for visitation rights that would be longer than if the court were the one to decide over this issue.
According to the National Highway Traffic Safety Administration (NHTSA), about 2 million or 13 % of the 15 million trucks registered all across the U.S. are semi-trailers, also called big rigs or 18-wheelers. Of these 2 million semi-trailers, about half a million get involved in fatal accidents, taking as many as 5,000 lives every year.
Due to their size and length, semi-trailers are harder to maneuver compared to any other type of vehicle and, besides requiring a wider and longer maneuvering space and a longer distance to get to a full stop, these also have “no-zone” areas or blind spots where smaller vehicles disappear from the view of truck drivers. These are just a handful of reasons why operation of semi-trailers requires special skills and training. Thus, before a person is issued a commercial driver’s license (CDL), he or she will first need to complete all requirements and pass all tests which will show that he or she is able to safely operate a truck and can actually handle one.
Though the size and length of trucks would make accidents more catastrophic, these are not the real reasons why accidents occur. According to the Federal Motor Carrier Safety Administration (FMCSA), majority of truck accidents are due to errors committed by drivers of semi-trailers. The most common errors committed by truck driver which have been identified by the FMCSA include: driver fatigue; impaired driving due to use of alcohol, prescription or over-the-counter-drugs, or illegal drugs; overspeeding; driving too fast for road conditions; lack of experience and/or training in operating a semi-trailer; unfamiliarity with the road; distracted driving; lack of focus on the road; failure to check “no-zone” areas or blind spots; improper attachment of trailer; improper loading of cargo; and, failure to make sure that truck brakes are in good working condition.
In its website, The Mokaram Law Firm mentions how severe truck accidents can be; however, rather than these being avoided, these continue to happen because many truck drivers or trucking companies fail to regard the safety of other drivers on the road or disregard laws put in place to regulate trucking activities. Due to this, and due to the severity of his or her injuries, a victim should never allow the liable party’s negligence or recklessness to go unnoticed and unpunished.
Posted by Andy on Nov 22, 2015 in Medical Malpractice | 0 comments
The standard mindset on most folks towards registered medical professionals is that of confidence. Because people basically place their lives within the arms of the professionals, they have to think their certified status means they’re skilled and in a position to provide the treatment anticipated of these in their volume as professionals to the vital support. Unfortunately, this is simply not usually warranted.
There are always a lot of examples of medical negligence that involves mind, and entails everyone from the extremely fresh for the very old. Birth incidents while in the U.S. as an example happen to 1.6 infants for every single 1,000 live births based on 2006 mathematical knowledge, which will be really a noticeable difference over 2000, when about 7 kids were injured before, during or after distribution for every single 1,000 live births. Among the several ailments that’ll result from a birth, one injury is cerebral palsy, a neurological impairment influencing the engine progress and skills of the troubled. Because it was a condition while just 10% of children identified as having cerebral palsy are thought because of medical malpractice, it’s, however, a horrible finding for parents. At the same period, 10% is a substantial level of children who are harmed by their doctors during their birthing process.
Furthermore really popular as medical negligence are precise problems. Based on the website of the Driscoll Firm, P.C., a patient going into an office for a routine technique can come with serious difficulties as a result of medicine errors, lost medical instruments inside you, actually surgery, wrong-site surgery, or surgery on a mistaken individual! Whilst it might appear too peculiar to become true, it’s happened, which is why health professionals have thorough medical insurance.
Medical malpractice’s consequences often involve suffering and considerable discomfort, and undoubtedly expenses for added surgeries, expanded hospitalization, vital changes in lifestyle, or lack of workdays or work. Any suitable or patient relative of the individual that has suffered considerable harm or death due to medical malpractice might convey a civil action from the responsible health professional and perhaps the employing association to acquire settlement.
In certain conditions, driving can easily become quite a dangerous activity. Among the many factors that can increase the risks involved in our most routine activity comes during the winter time. Snow and ice can make roads and highways dangerously slippery and difficult to maneuver. According to a study by Daniel Eisenberg and Kenneth E. Warner published in the American Journal of Public Health, snow-related crashes happen at a substantial rate. As such, it’s extremely important for motorists to be made aware of the hazards and what they can do to avoid potentially deadly scenarios.
According to Greenfield car accident lawyers, some of the most common winter driving hazards include built up snow, ice patches, black ice, and winter storms. The first refers to piles of snow that build up on the road. These piles might appear shallow, but could actually be several inches deep and cause a vehicle to get stuck. Ice patches on the road are also worth of attention, as they cause the surface to become incredibly slippery. Meanwhile, black ice refers to the type of ice patches that can’t be easily seen from the driver’s view. These patches are deceptively clear, leading the driver to believe that the roadway is safe. As for winter storms, it’s best for drivers to stay away from roads and wait until road conditions become better.
To ensure these hazards are kept at bay while driving during wintertime, it’s important to take note of some helpful reminders. Perhaps the most crucial of all these tips is to make sure your car is properly equipped for the weather. Having an ample supply of antifreeze and windshield washer fluid available for even a quick drive can become handy in a pinch. Checking to see that the car’s head and tail lights are properly working is also part of this tip. As for actually driving one’s vehicle, it’s extremely necessary to be mindful of one’s speed while out on the snowy and slippery roads. Driving slowly and avoiding unnecessary acceleration and swerving can do a lot to ensure one’s safety given such road conditions.
Finally, having a reliable car insurance policy can also do a lot to mitigate the costs and dangers brought about by driving during the wintertime. Consult with a reputable insurance company to learn more about options for compensations for damages incurred during a winter driving accident.
Posted by Andy on May 2, 2015 in Personal Injury | 0 comments
The use of polychlorinated biphenyls or PCBs has long been banned by the United States Environmental Protection Agency. This ban came in the late 1970s, when the controversy about PCBs manufacturer Monsanto came to a full boil. According to discussions that circulated around the time, the production of toxic Monsanto PCBs was found to have caused considerable devastation to the environment. The government also raised concerns about health risks caused by the toxic chemical substance, which were then widely used as coolants for a variety of commercial and industrial applications.
One major health risk posed by PCBs is damage to the immune system, which plays a vital role in fighting infections and diseases in both human and animals. The fact that PCB exposure can leave animals or people vulnerable to aggressive medical conditions like inflammatory diseases and cancer is particularly alarming. According to a fact sheet by the Environmental Protection Agency, a study conducted on Rhesus monkeys—a species that share around 93 percent of their DNA sequence with humans—shows that PCB exposure can cause the thymus gland to significantly shrink in size. Scientific tests on other animals also show that PCBs can slow down the production of important antibodies and other essential immune system elements, causing a decreased resistance to viruses and other infections.
The EPA fact sheet also points to a recent study conducted on humans that showed how increased PCB exposure can increase health risks for individuals infected with Epstein-Barr virus. The study concluded that those exposed to PCB and was infected with the virus saw increased chances of developing non-Hodgkin’s lymphoma. Immune system suppression caused by PCB exposure can also increase the risk of cancer.
Immune system suppression isn’t the only health risk caused by PCBs. Prolonged PCB exposure can also effect the reproductive, nervous, and endocrine systems. PCBs have also been found to cause liver damage, high blood pressure, among other serious medical conditions.
Landlords have a lot of responsibility when it comes to maintaining the safety of their rented property. Among the newest environmental danger that is causing significant concern to tenants or renters is molds and “toxic molds”, with a number of tenants filing for lawsuits amidst the growing health concerns. Many people don’t really understand the technical and complicated scientific definitions of mold, giving way to a number of misconceptions about toxic molds and its real dangers. Not all molds are a danger to the health, and knowing which ones are is vital in knowing whether your health is in danger and if you have the legal basis for a personal injury claim.
Molds are a type of fungus that grows in warm, damp, and humid setting. It can grow inside or outside and they are considered a health risk if there is high concentrations in an area. Any type of molds, regardless of whether toxic or not, if they are in high concentrations can be detrimental to the health. Among the most common “toxic molds” are the Strachybotrys chartarum (S. chartarum) also called the black mold, and the Aspergillis. Having molds in the home does not mean immediate health dangers, but when a mold infestation is determined to be dangerous, the property owner has the responsibility of removing the mold infestation before it becomes a danger to the wellbeing of the tenants. If they have neglected or refused to perform their duty of care to their tenants, the tenants may have the right to contact a Tennessee personal injury lawyer regarding the danger they have been exposed to or the injuries that the property owner’s neglect of duties.
Mold remediation (the removal and clean-up of the mold infestation) is necessary even if the molds are not toxic. Many property owners tend to disregard mold infestations because their clean-up and removal are often expensive and laborious; the area should be thoroughly cleaned to avoid mold spores from being released, otherwise they might simply grow back. If these safety responsibilities are disregarded by the property owner and you as a tenant suffered damages (health or otherwise) due to mold infestation, you have the right to file a personal injury claim against the property owner to recover compensation.
Posted by Andy on Feb 11, 2015 in Injuries | 0 comments
Spinal cord injuries can be life altering. Whether they are acquired from a car accident, slip and fall, or any other incident at the fault of another, they can be held accountable. When injured on another person’s behalf, you can receive financial compensation. It is important to know the signs and symptoms of a serious spinal injury because the injuries can worsen with time, and getting to a hospital quickly can be crucial.
The website of The Sampson Law Firm speaks of two permanent disabilities that can result from spinal cord injuries: partial paralysis and total paralysis. Sings and symptoms of these two instances may be hard to detect when first in an accident. Neck and back pain, loss of bladder control, numbness or loss of movement are all indications that the situation is serious.
If any of these symptoms are apparent, taking the patient to an emergency room is pivotal. Time is of the essence in these cases, because internal bleeding and swelling can increase complications and problems exponentially. Until help arrives, the person should be kept still. The neck and back need to stay in the same position to prevent further injury.
Once the current situation is taken care of, doctors will perform a serious of tests to determine if the patient is partially paralyzed or totally paralyzed. Detecting symptoms and taking precautionary action at the site of the accident is of utmost importance because proper actions can aid to the extent to which the paralysis persists. Lacking basic knowledge about what to do can cause further damage, and set back the rate of recovery.
Personal injury protection (PIP) coverage is usually implemented in the states that follow the no-fault insurance policy. If you have personal injury protection coverage, your insurance provider would be the one who will provide the compensation after an accident regardless of who caused the accident and resulting damages. These would help cover for the medical bills, lost earnings, and other expenses that happened because of the accident. The payment will cover for some or all of the lost earnings, all depending on the limits that the state you are in requires.
As explained on the website of Williams Kherkher, PIP claims need to be done in cooperation with your insurer. Providing a recorded statement is essential in PIP claims, along with the requirement to have a physician selected by the PIP insurer to conduct a medical examination may be required by the state in order to determine the extent of the injuries and how much compensation is necessary. Failing to cooperate with the PIP insurer may cause you to be unqualified for any PIP benefits.
PIP claims are those that are filed to your own insurance company for payment of the medical bills and lost salaries. It will be the insurer’s responsibility to pay for the medical expenses as well as compensate for the salaries that you weren’t able to get because of the accident. When your medical bill is over the states’s no-fault limit, you will be the one responsible for paying for them. Additionally, states that follow the no-fault law when it comes to car accidents often does not permit victims to file for a personal injury claim against the offending driver, except in cases where the expenses have reached a certain amount of when the injury is deemed as adequately serious. The only legal right you have as a victim of the car accident is compensation for medical expenses and lost wages. And non-tangible damages such as pain and suffering is not provided.