Posts by t.freeman

Nursing Home Abuse: A Case-Based Examination

Posted by on Oct 17, 2013 in Injury Law, Juris Doctor, Nursing Home Abuse, Pre Law Overview

With the advancement in age of the American population, nursing homes and other forms of elderly assistance are coming to play an increasingly central role in the lives of many. As vital as these types of places can be in helping to ensure that elderly Americans have the care they need in their twilight years, they also pose distinct risks if not properly observed, both by the relatives of their residents and the state and federal agencies responsible for ensuring the quality of their care.

Nursing home abuse remains a regrettably serious problem in the United States. Because reporting of these types of incidents is almost always less frequent than their actual occurrence, it is next to impossible to obtain precise estimates of the extent of the problem. However, the most reputable statistics currently available suggest that, at a minimum, hundreds of thousands of nursing home residents have been the victims of some form of neglect or abuse.

Nursing home abuse can vary significantly in its presentation. The most benign (though by no Nursing Home Abusemeans harmless) form of abuse is often simple neglect. Poorly trained, overworked, or simply uncaring nursing home staff or managers may fail to adequately care for the needs of their residents, either in isolated incidents or as a systemic pattern. In some cases, though, the outcomes can be quite horrific: in Illinois, for instance, a nursing home was sued after maggots were found in the ear of one resident. More frequently, neglect can lead to problems such as bedsores which, if left untended, can be life-threatening to elderly patients.

Physical abuse is also a serious problem at nursing home facilities. Nursing home residents are often extremely vulnerable, and because of the intensive amount of care that some in this position require, nursing home staff who become angry or upset can easily do serious damage to nursing home residents in a short amount of time. In a story that received national attention, Helen Love, a resident of Valley Skilled Nursing Home in California, died after sustaining violent injuries from a frustrated caregiver. Her family, with the assistance of a nursing home abuse attorney, is still pursuing a suit against the home after it came to light that the caretaker responsible for the incident had been cited for abusive behavior multiple times in the past. These types of cases are sadly far too common.

Finally, sexual abuse in nursing homes is a far more common problem than most people realize. Both caretakers and other residents have been implicated in nursing home sexual abuse cases, typically as a result of negligence on the part of nursing home administrators or staff.

The horrible realities of nursing home abuse can make the last years of a resident’s life miserable. If you suspect your loved one is a victim, contact a nursing home abuse attorney to learn more about what you can do to put an end to it.

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Medical Malpractice and Wrongful Death: A Case Study

Posted by on Jan 7, 2013 in Injury Law, Juris Doctor, Medical Malpractice, Pre Law Overview, Wrongful Death

Often, people think of civil suits as existing in separate, discrete categories. While there is some basis to this way of thinking, the reality is much more complicated. Many injuries occur in ways which would seemingly render them fit for several different types of legal action, depending on the specific circumstances in which they occurred. While this may seem to be merely a matter of semantics, it can be critical for injury victims and their families in helping to determine which type of attorney should represent their case, how long they may have to file their claim, and other considerations.

A case study from Raleigh, West Virginia, can help to demonstrate the importance of this issue. Sherman Sizemore, an elderly Baptist minister and resident of the area, underwent a surgical procedure at Raleigh General Hospital in 2006 to help determine the cause of abdominal pain Malpractice In Medicinewhich he had been experiencing. He was administered medication to induce paralysis during the surgery, in order to ensure that no muscular movement would occur as the procedure took place. However, he was not given anesthesia as a result of an oversight on the part of his surgeons.

Mr. Sizemore experienced excruciating physical pain for a prolonged period of 16 minutes, before the surgeons noticed the problem and gave him the necessary medication. After he was realized, he suffered intense psychological trauma, refusing to be left alone and rarely sleeping in the two weeks that followed. Eventually, he committed suicide as a result of his trauma.

His family filed a wrongful death lawsuit against the physicians and Raleigh Anesthesia Associates, the company for which they worked. However, because of the nature of the trauma which took his life, they pursued the assistance of a Raleigh medical malpractice lawyer to ensure that not only would they be able to recover compensation for the death of their loved one, but also that the medical aspect of the case would not prove to be an issue for which their representative did not have the requisite training or experience to handle appropriately.

These types of blended civil cases are fairly common in the American legal landscape, and for those who have suffered injury or the loss of a relative as a result of the negligent or reckless actions of a third party, it is critical to understand the importance of qualified legal representation in these settings in order to ensure that a fair outcome may be reached.

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Wrongful Death: A Case-Based Examination

Posted by on Jan 7, 2013 in Injury Law, Juris Doctor, Pre Law Overview, Wrongful Death

Civil law, which establishes a system of justice for individuals who have been the victims of the reckless or negligent actions of others, rather than the victims of criminal acts, has existed as part of the American legal tradition since our country’s establishment. However, for many years, a prominent gap in the coverage afforded to injury victims existed in civil law statutes: only those who had actually suffered the damages could sue for compensation. In practice, this meant that those who caused the death of another individual, through negligence or recklessness, could not be held accountable for their actions.

Fortunately, this problem was eventually corrected with the passage of what are now known as wrongful death statutes. Under wrongful death civil law, the immediate family of an individual who has lost their life because of someone else has the right to hold that person (or persons) accountable for the loss that they have suffered, which in this instance would be the companionship and (potentially) financial support formerly provided by their loved one.

Case-Based Examination

Wrongful death claims can be brought against individuals or groups of individuals (usually companies). This discussion will be limited to purely individual-based cases. These types of wrongful death claims are brought against individuals who, either directly or indirectly, can be Wrongful Death Metaphorshown to have played a prominent role in the events which ultimately led to the death of someone else.

A recent, high-profile example of an individual wrongful death case involved talk show host Nancy Grace, who was implicated in the suicide death of a young mother whose infant son had recently disappeared. Grace had invited the mother onto her show in order to question her about the whereabouts of her child, and though the woman had never been formally suspected of wrongdoing, the questions were overwhelmingly pointed towards that conclusion. Ultimately, her family alleged that the emotional pain caused by Grace’s allegations led their daughter to commit suicide, resulting in a substantial settlement between the two parties.

A more common form of individual wrongful death suits might involve the victim of a drunk driving accident. While the individual guilty of driving while intoxicated might also face criminal charges for their conduct, in many instances civil remedies, pursued with the help of a wrongful death lawyer, are the best way for families in this terrible position to get the compensation and closure they need.

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