The baby boomer generation is causing the average age of the United States population to rise. The number of old adults, or people age 65 and older, is growing exponentially. Currently there are over 42 million senior citizens in the United States and this number is projected to more than double by 2060. Because of this, the necessity for nursing home facilities is also growing and becoming an imperative need.
The average cost of care and residency for one year within a nursing home is $87,600. This cost generally includes medical expenses, boarding, and the fulfillment of basic needs by experienced staffers. Unfortunately, many for-profit nursing homes are more focused on potential profit than the care of their residents. This kind of negligence can become a pattern than progresses to abuse of the elderly clients.
According to the website of Pohl & Berk, LLP, between one and two million adults over the age of 65 are mistreated in nursing home or assisted living facilities annually. There are some reports that the rate is even as high as one in three residents being abused. However, the age and mental health of the patients causes many of these cases to go unreported.
Abuse is the willful intent to harm someone that results in physical or mental anguish. There are three main types of nursing home abuse: physical, emotional, and financial. The reported cases of abuse range from bed sores to bankruptcy to death. Fifty percent of abuse is willfully implemented by nursing home staff and another 25 percent is inflicted from resident-to-resident from lack of supervision.
It is important that the staff and management of these facilities are accountable for the neglect or abuse that afflicts these adults. If you believed that your loved one is a recipient of abuse at a nursing home or assisted living facility, contact an attorney in your area to discuss your legal options.Read More
Remember how terrified you were to go to the dentist, and how much horror you saw in that drill? Apparently, you may have been justified in your fears.
Medical malpractice is most closely associated with hospitals and medical doctors, but the same types of negligent acts occur in dental practice. Because dental work is typically outpatient doesn’t mean that no serious harm can occur. According to the Habush Habush & Rottier S.C. ® website, dental malpractice typically takes the form of failure to diagnose oral disease, improper use of dental tools, instalment of defective dental appliances, infliction of unnecessary injury to bone or tissue in the mouth, and improper use of anesthetics.
The most common cases of dental malpractice is poorly executed dental work, particularly cosmetic procedures such as bleaching, veneers , crowns and jackets. These elective procedures can be carried out by general practitioners because US law does not regulate cosmetic dentistry. In other words, it is not a specialty. However, there are a lot of dentists who are not able to perform these procedures properly, or who use substandard materials that end in undesirable results.
The worse thing is when the dentist is incompetent and does more harm than good when attempting these procedures. There is the risk of infection, overpreparing of the tooth, gum problems, and exacerbated temporomandibular joint (TMJ) conditions.
A recent case was that of a famous singer who, upon the advice of her dentist, submitted to having veneers placed on several teeth in the belief that it would help alleviate her chronic jaw pain problem. Instead, the treatments were a disaster and made her jaw pain worse, keeping her from practicing her profession over a considerable period. She sued her dentist for medical malpractice.
You can do the same if you have suffered serious preventable injury in the hands of your dentist. Consult with a dental malpractice lawyer in your area for more information about getting compensation for it.Read More
Xarelto is an anticoagulant medication mainly given for those who have undergone knee of hip replacement surgery in order to lower their risk of developing blood clots as well as stroke. Xarelto, with the generic name Rivaroxaban, has been approved by the Food and Drug Administration (FDA) as treatment for deep vein thrombosis (DVT) and pulmonary embolus (PE). It works by preventing certain clotting proteins in the blood system. It was made by Bayer and Janssen Pharmaceuticals (a New Jersey-based unit of Johnson & Johnson), and contrary to its predecessors, it can be prescribed in a uniform dose.
Because it is an anticoagulant, the most known severe Xarelto side effects are uncontrolled bleeding. Fatal bleeding to the brain, kidneys, or lungs can interrupt the blood flow to that vital area that could lead to the organ losing some if not all its functionality. Since Xarelto is an anti-clotting medication, hemorrhaging can occur and will continue until the medication is out of the system. Patients who have taken Xarelto run the risk of suffering from irreversible internal bleeding which could result in hospitalization and even death.
Although it has been approved by the FDA, it is not approved as treatment for acute coronary syndrome or ACS. Taking actions after experiencing severe Xarelto side effects should immediately inform their doctor. These risks should not be neglected or taken for granted as they can lead to serious health complications or death. Talking with a lawyer regarding a possible medical malpractice or product liability claim would help in informing the public about the danger of Xarelto as well as fine the manufacturers for their negligence. Just as with any type of medication, it is normal for Xarelto to have side effects, but it should not outweigh the benefits. Because patients who take Xarelto are not necessarily required to have regular blood monitoring and follow-ups with the doctor, it increases the chances that patient may end up with severe side effects.Read More
Dog bites are a fairly common injury in the United States. Depending on the state you are in, dog bite statutes can differ, and it is important to know what law or rule your state follows in order to have a successful personal injury claim. According to Pohl & Berk, LLP, serious dog bites can also lead to traumatic brain injuries and even spinal cord injuries, and this is not surprising as statistics show most dog bite victims are children under the age of 14. Generally, it is believed that dogs owners should be held liable for the actions and injuries caused by their dogs, however, dog-bite statutes can make this rule complicated.
Consulting with a lawyer when injured after a dog bite would help in knowing what actions to do next in order to win compensation. It is fairly easy to file for a personal injury claim against a dog owner provided the law applies and that the owner’s negligence is established. However, there are instances where police or military dogs attack civilians. Generally, anyone who is bitten by an on-duty police dog does not have legal right to file for personal injury when they have been bitten, however, this rights have limitations as well.
From The Seegmiller Law Firm, anyone who wishes to file a personal injury claim against a police dog can file under the Federal Act of 1964. If the police officer has used unreasonable force in order to make an arrest (by using the police dog to bite the person), then they can be held liable for damages and can even be fined to pay for punitive damages. Courts uphold that officers are allowed to use dogs when it is only deemed or reasonable to do so. Should the personal injury case be successful, the plaintiff (injured victim) may be rewarded with compensation and punitive damages, as well possible awards for attorney’s fees and costs.Read More
Cruise ship accidents and crimes may seem like not a big deal considering that millions of people take cruise ship vacations every year. In a logical way of thinking, committing a crime on the high seas may not seem to apply, but sadly statistics show that in the past three years there have been reports of sexual assault or misconduct, missing people, and theft. Because of the difficulty of enforcing the law in the open seas, the majority of these crimes have been investigated or solved.
Filing a lawsuit against a cruise ship after being involved in a cruise ship accident may be different and bit a complicated. There are many laws that can affect the case. Generally, the law on the cruise ship will depend on the flag the ship is flying under. A cruise that is registered in a particular country and is flying under that country’s flag will follow the laws of that country; however, it is also important to note that territory should also be considered. When the cruise ship is docked in a port, it will be under the laws of the port that they have docked on.
Filing a lawsuit of claim after a cruise ship accident should be in accordance to the statute of limitations, and this will be based on the contract that you and the cruise line have agreed on. The contract will be on the ticket, and will override and statute of limitations made by the state law. Additionally, there may be notice requirements, and you or your lawyer must abide with this. It is important to read what is written on the ticket to understand how you can pursue a personal injury claim or lawsuit. According to the website of The Vucci Law Group, P.A., the cruise ship have the responsibility to ensure the safety of their passengers, therefore any injuries that could occur that may be linked to their negligence can make the liable for a lawsuit.Read More
After the disaster caused by the Exxon Valdez on March 20, 1989 off the coast of Alaska, the United States government discovered they did not have adequate resources needed to respond to oil spills and the federal law only provided narrow scopes of damages compensation for those affected by such disasters. As response to this, the Oil Pollution Act (OPA) of 1990 was established. It was aimed to lighten and prevent civil liability from oil spills that would occur off the coast of the United States and generally forms parts of the oil spill governance in the country.
The initiative for the Oil Pollution Act of 1990 begun with two earlier acts: the Federal Water Pollution Control Act (FWPCA) and the Clean Water Act (CWA) of 1977 that both set the framework for the liability, containment, and response for the Exxon Valdez oil spill. The OPA made the prevention and response to oil spills better because it establishes provisions which broaden the federal government’s ability to respond to oil spills, as well as provide the necessary financial and other resources. After the Deepwater Horizon oil spill occurred in the Gulf of Mexico, there has been disputed, and although there has been actions to raise the cap limit from $75 million to $10 billion, the efforts are still blocked. Presently, the BP is a limit for damages is $75 million, and they are liable for the cleanup.
There have been many disputes and changes regarding the provisions for damages for those who have been affected by the Deepwater Horizon Oil Spill. Many filed claims have been denied, and because of this many of those affected did not receive any compensation even when their businesses, establishments, and properties where damaged by the oil spill. One way to make sure that compensation is given is to file for an appeal after a denied claim. According to the website of Williams Kherkher, filing for an appeal would be easier than filing for a new claim because there is already an established claim. Because there are still disputes regarding the awarding of damages by the BP Deepwater Horizon oil spill, it may be possible for those who have been denied to have a chance for damages after new settlement agreements are being made.Read More
Despite the increasing population of senior citizens entering nursing homes, the tragedy is that many nursing homes are committing abuse violations. Even more grievous news is that majority of nursing home abuse are not reported. For those who believe that they or their loved ones are victims of such ordeal, an injury lawyer at Hull & Zimmerman, P.C. can assist in determining the legal aspects and options for the case.
The growing number of elders in the United States has prompted the government to branch out laws regarding the protecting and safety of the elderly population, and this has lead to the Elders Law. One of the things the Elders law covers is the nursing home law, and this deals with the unlawful treatment of the elderly that are under the care of facility administrators and their staff. It has civil and criminal weight, and carries regulatory standards that can help determine nursing home abuse.
Hotze Runkle states on its website that nursing home residents, the elderly, and seniors have a number of rights that fall under both federal and state law. It is the unawareness of these rights that often contribute to elder victims not reporting nursing home abuse. Many victims of nursing home abuse prefer not to report the incident because of fear from their abusers, or sometimes they have no possible means to report the abuse. There are generally two forms of abuse in nursing homes: first being the state of the facility that should provide safety, cleanliness, and well-equipped accommodations that would cater to the needs and requirements of the elders, and second form of abuse being the conduct of the staff and employees of the facility.
Should there be established nursing home abuse, the family can file for a lawsuit against the staff or hospital itself. Contacting a lawyer can be vital in getting necessary legal assistance, as they can represent or stand in on the behalf of the client and guarantee that the issue is reported properly and that the necessary corrective measures are made. They can also advice whether the abuse is enough for a negligence lawsuit.Read More
A lawsuit filed in response to a car accident in which someone is hurt is called a personal injury lawsuit. Each state has their own statute of limitations (the timeframe to file a lawsuit against the person at-fault) when it comes to personal injury claims. For those who are involved in a car accident, it is important to know the state laws regarding personal injury in order to have a successful case. In the state of Wisconsin, for example, the statute of limitations for personal injury lawsuits is three years after the date of the accident, while in the state of Colorado injured drivers only have two years to file a personal injury lawsuit. When this statute of limitations is done, the plaintiff will have no legal right to file for a lawsuit.
According to the website of Hull & Zimmerman P.C., the state of Colorado follows the comparative fault law when it comes to accidents. This means that in the event that both the plaintiff and the defendant has played a part in the accident, the total amount of compensation that the plaintiff will receive will b deducted by the percent of fault they contributed to the accident. When the plaintiff and defendant has not reached an out-of-court agreement, comparative fault play a major factor in negotiating a settlement. Habush Habush & Rottier S.C. ® also informs plaintiffs that car insurance requirements can affect the amount of compensation in a personal injury lawsuit after a car accident.
Just as with the state of Colorado, Wisconsin is also under the comparative negligence law. In the state of Wisconsin, the plaintiff should have less than 50 percent of fault in order to qualify for compensation. Consulting with a personal injury lawyer at Habush Habush & Rottier S.C. ® would provide necessary information regarding the laws that would affect the personal injury claim, and how to get by them to have better chances of compensation awards.Read More