Long Island Injury Lawyer

What to Do in Case of Nursing Home Neglect and Abuse

Posted on 17. Dec, 2009 by Admin.

Where to Go when Problems Arise

If you do suspect that negligence is occurring, the first step is to talk to the nurses and aids about your concerns. You can also arrange to speak with the director of the facility, particularly if you are not satisfied with the response you receive from the staff. If the nursing home does not provide you with information or make your requested changes, don’t wait too long. Your loved one’s health and safety may be at risk. Contact the appropriate agencies of the problem. This might include local law enforcement, social services or Adult Protective Services.

You may also want to seek legal proceedings. Contact a personal injury attorney who specializes in nursing home litigation to find out what your rights and the rights of your loved one are. An experienced attorney can stop the neglect right away and seek charges against the responsible parties. Monetary compensation can also be requested to pay for additional medical expenses as a result of the neglect or help you move your loved one to another facility. In addition to protecting your own family member, you may be able to stop the neglect of other patients in the facility as well.

Unfortunately, nursing home neglect does happen. If it happens to you or someone you love, you do have rights. Contact a personal injury attorney today and keep your loved one safe, healthy and well cared for.

This article is not legal advice.

Additional Website: Fort Lauderdale Lawyer Adrian Philip Thomas. Serving clients in the entire Florida area.

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Keeping Your Yard Safe

Posted on 17. Dec, 2009 by Admin.

Checklist for a Safe Yard

• Paths and Driveways

Clean these regularly so they don’t become slippery. Check for any loose paving stones. Always check that there are no children in the driveway before anyone moves their car. Make sure adequate lighting is in place at night.

• Decks and Patios

If you have stones or tiles always check that none are loose. Replace any loose or broken tiles and any loose or rotting boards on wooden decks. Use non-slip boards, paint or matting if your deck or patio has a tendency to become slippery in wet conditions. If you use a garden umbrella be sure it is secure. You don’t want to be paying out if it should blow through their window and injure them. Make a routine check under any decking that is high enough to be likely to cause damage if it collapsed. Look for any signs of wear and tear on supporting beams and for any part that may be coming away from the structural support.

• Trees and Shrubs

Always check for damage after any storm and remove any uprooted trees or dangerous branches. Check that trees do not grow high enough to touch power lines and that there are no hidden stumps that people could trip over.

• Pools

Most states have specific laws regarding pool safety. Check locks and fencing frequently for any signs of damage. Keep pool chemicals safely locked away.

• Tools

Don’t leave tools lying around where they could be stepped on or tripped over.

• Barbeques

Check gas bottles regularly. Keep tools out of reach from children and if you do have kids consider using a guard around the barbeque.

• Dogs

If you have a dog, put up warning signs even if you have the sweetest, smallest and most gentle natured of dogs. Some states require that a person must be able to reach your front door without encountering a dog. If possible have a safely fenced in area for your dog when it is outside.

This article should not be misconstrued as legal advice.

Additional Legal Website: Tampa Injury Attorney Mike Murburg, PA. Representing clients in Florida.

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Personal Injury and Dog Laws

Posted on 17. Dec, 2009 by Admin.

The most common defenses owners have available to them to use are that

1. The person bitten assumed the risk. This would be the case where signs were clearly seen warning of the dog, or a verbal warning given.
2. The bitten person’s own negligence led to the injury.
3. The person provoked the attack. This could be either deliberate or unintentional. Striking a dog or teasing it is deliberate provocation. Accidentally standing on the animal’s tail, or tripping over a sleeping dog is not intentional but it is provocation.

If you or a family member are the victim of a dog bite or attack there are some basic things you should do.

• Seek medical attention. Even mild dog bites can quickly lead to infections and you will probably be given antibiotics along with any other treatment that may be necessary.
• Gather information.  Note the dog’s breed (if you can), size and color. Get a photo if you can. If possible find out the dog’s license number and whether it is vaccinated. Note the time and location of the incident. Get the contact details of any witnesses.
• Often the owner’s insurance representative will contact you and possibly offer settlement. It is in your own best interest to refuse this and not discuss the incident with them. Let them know a lawyer will be in contact.
• Report the incident to your local animal services.
• Contact a personal injury lawyer for advice on what to do next.

Legal Website: Texas Attorney Michael Lowe. Representing clients in Dallas.

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Dangerous Drugs

Posted on 17. Dec, 2009 by Admin.

Below is a list of some of the major drugs that have been known to cause personal injury and that have been involved in a number of lawsuits. Following the drug name is what it is used for and at least some of the most common side effects experienced. This is certainly not a complete list and anyone experiencing any strange side effects from any drug should contact their doctor and a lawyer.

• Accutane – to treat acne – Birth defects, depression and other mental problems
• Actos – Type 2 diabetes – fluid retention, heart failure
• Avandia – Diabetes – heart failure
• Bextra – osteoarthritis, rheumatoid arthritis, period pain – stomach ulcers, upper respiratory infections
• Celebrix – arthritis, period pain – Stomach ulcers, liver damage, kidney damage, fluid retention
• Chantix – smoking cessation – nausea, constipation, suicidal thoughts, aggressive behavior, mood changes, drowsiness
• Cipro – some infections – tendonitis and tendon rupture,
• Fen Phen – slimming – valvular heart disease
• Fentanyl- chronic pain relief – respiratory depression, coma, fatal overdose
• Fosamax – to increase bone mass – ONJ, bone, muscle and joint pain
• Ketek – bacterial sinusitis, bronchitis – liver toxicity
• Klonopin – epilepsy – hallucinations, suicidal thoughts, agitation, hostility
• Levaquin – bacterial infections – liver damage, tendonitis
• Ortho Evra – contraception – increased risk of blood clots
• Raptiva – psoriasis – bacteria sepsis, meningitis, PML
• Reglan – gastrointestinal problems – tardive dyskinesia
• Paxil – depression, post traumatic stress disorder, PMDD – fever, seizures, coma (if in combination with certain other drugs), birth defects
• Seroquel – antipsychotic – diabetes, pancreatitis
• Trasylol – prevent bleeding – kidney damage, heart attack, stroke
• Yaz – birth control – blood clots, deep vein thrombosis, liver damage, stroke
• Zicam (certain types only) – cold medication – zinc overdose

As stated it is important to discuss any medications with your doctor particularly if you need to take a variety of medication. Be aware of side effects and report them to your doctor immediately.

Additional Legal Website: Dallas Lawyer Kris Barber. Serving throughout Texas.

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Truck Accidents and Personal Injuries

Posted on 30. Oct, 2009 by Admin.

Tens of thousands of truck accidents occur each year in the United States, and the rate is rising. There are over one hundred thousand injuries suffered in truck accidents and thousands of deaths. The victim is usually the driver of the smaller vehicle rather than the truck driver. This is due to the sheer difference in size between a commercial truck and the average passenger car, as a truck is about forty times larger than a car.

Truck accidents happen for many different reasons. Trucks may be poorly maintained and can crash due to faulty brakes or tires. The driver may be intoxicated or sleepy and unable to safely operate the truck. Some truck accidents occur due to bad roads including potholes and guardrails that are installed incorrectly. Sometimes drivers misjudge the angle of a ramp or turn and roll the truck over on another vehicle. For whatever the reason, truck accidents can cause devastating personal injuries.

The most serious personal injuries result in death. A person could be crushed or they could suffer a fatal head injury. They may die due to loss of blood or oxygen deprivation. There can be any number of reasons a victim dies immediately or soon after an accident with a truck.

Other personal injuries do not result in death but can be life threatening. These victims will be rushed to the hospital where they may undergo surgery. They may sustain severe head injuries or have multiple broken bones. Doctors may find that there is extensive damage to the internal organs. These victims may die or may eventually recover enough to leave the hospital. This recovery may be complete and they are able to return to their normal life or they may be permanently disabled.

Some victims of truck accidents appear to have no serious injuries. They may claim to feel fine and be tempted to refuse medical care. However, it is important that all accident victims get examined by an EMT or physician. They could have internal injuries that are not readily apparent. They may have a severe brain injury that is not obvious at first. If the truck carried hazardous fuel or cargo they may have respiratory injuries that may seem mild but could develop in the next few hours or days. Any person who has been involved in a truck accident should seek immediate medical care even if they appear to be perfectly fine.

Another reason to seek medical care after a truck accident is to ensure that the victim’s medical condition after the collision is documented. If a victim refuses care and then a hidden injury becomes apparent days later the defendant’s attorney could argue that the injury is not connected to the accident. It is best in any type of truck accident to seek medical care. If there are hidden injuries the hospital should be able to find them and give proper treatment. The hospital and doctor will also have records and documentation of the injuries in case the accident claim goes to trial.

This article is not intended as legal advice.

Related Web Pages: For more information about truck accident injuries please visit TruckAccidentLaw.org.

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Divorce Law and Legal Separation

Posted on 28. Oct, 2009 by Admin.

Legal separation is recognized in most states. It is a way to protect yourself legally if you are considering moving out, or have already moved out, concerning things like child support, visitation, temporary custody and division of debts and assets. A legal separation is a written agreement that is filed with the court that specifies the rights and responsibilities of both spouses while they are living apart.

Divorce vs. Separation

In many ways a legal separation is like a divorce. Also, some states require a period of separation before a divorce is granted. There are some benefits to choosing a legal separation over a divorce, such as:

• Retaining marital status for religious purposes
• Continuing insurance benefits that only covers spouses
• Retaining military spouse benefits
• The ability to continue to file joint taxes
• A trial run at living apart, to ensure it is truly what both spouses want

Sometimes, after a period of time apart, couples decide that they want to reconcile, instead of continuing on with a divorce. However, you should be careful when agreeing to anything in the separation agreement because often it will become the divorce agreement. If a judge sees that you were ok with something in the separation agreement, it will be hard to argue that it is no longer acceptable for the divorce agreement. Because a separation can be a very emotional time, be careful not to make decisions based on anger or guilt.

The Separation Agreement

A separation agreement is a contract between a husband and wife when they separate from each other. The separation agreement becomes the basis for the divorce. It is recommended that you get the help of a mediator when creating a separation agreement. Mediation provides a neutral party to help iron out any disagreements that might arise.

The following things need to be considered when creating a separation agreement:

• How the financial responsibilities will be assigned
• Who the children will stay with, how often they will see the other parent, who will be financially responsible for the children and who will make decisions as to their upbringing during the separation
• How any assets should be divided and whether to keep a joint bank account or to open separate bank accounts

A legal separation is often a good decision when you are considering a divorce. It gives both spouses the time and space to decide if a divorce is what they really want. It also allows both spouses to retain some of the benefits of a marriage until they are certain that a divorce is the best option.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Related Legal Site: Additional information on how to find the right attorney for your divorce visit WurtzelLaw.com

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Truck Accident Lawyers That Do What They Say They Will Do

Posted on 13. Oct, 2009 by Admin.

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Diagnosis Errors are Prevalent in Med Mal Cases

Posted on 07. Aug, 2009 by Admin.

The most commonly misdiagnosed conditions and diseases are breast cancer, tuberculosis, cancers of the lung, prostate, cervix, ovaries, and testicles, diabetes, heart attack (MI), stroke, meningitis, appendicitis, and pulmonary embolism.  While the nature of misdiagnoses in general makes it completely impossible to compile accurate statistics on the occurrence in U.S. health care, loose data suggest that anywhere from 8% to 42% of diagnoses that are rendered contain some type of inaccuracy.  The largest numbers of medical malpractice cases are based on misdiagnosis or even delayed treatment of serious medical conditions that result in a patient’s undue suffering or death.  Interestingly, a great number of personal injury medical misdiagnosis cases originate in the emergency departments of hospitals across the country, where the rate of misdiagnosis is the highest across the board.  Hospital intensive care units are the next highest, with one study finding at least a twenty percent rate of misdiagnosis.  Many of these cases and claims involve non-typical presenting symptoms, such as a young man who complains of chest pain that ultimately leads to a heart attack being diagnosed with anxiety.  Mistakes in the laboratory can also lead to personal injury claims for misdiagnosis, such as when a slide is sent to a pathologist who fails to identify cancer cells; in fact, a study was conducted nearly a decade ago that suggests that around 1.4 of 100 slides that were being examined for cancer failed to yield the correct diagnosis, including the diagnosis of some patients as having cancer that were actually cancer free (although they underwent chemotherapy without necessity).

Legal Representation for Medical Misdiagnosis

If you or a loved one suspect or know that you have fallen victim to medical misdiagnosis, or if you suspect that a loved one’s death was the result of a misdiagnosed condition, it is important that you contact a qualified personal injury attorney or law firm as soon as possible.  A reputable personal injury attorney can explain your rights and remedies under the law, and help you file your claim against the doctor, hospital, or the medical malpractice carrier who will be held liable for the injury or death.

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Misdianosis and Medical Malpractice

Posted on 07. Aug, 2009 by Admin.

Personal Injury Claims: Medical Misdiagnosis

Many personal injury claims arise from a medical misdiagnosis, which is a very serious problem that can literally happen to anyone who is under the care of a medical practitioner. And while no medical treatment plan comes with a guarantee that the doctor or specialist that is treating a condition is totally accurate in his diagnosis, patients have a right to expect not to be misdiagnosed.  All members of the medical profession have a sworn duty to offer a standard of care; it is when this standard of care is breeched that a misdiagnosis can happen.  Patients (or their surviving families) have rights to recover damages from doctors whose actions cause them to suffer or even die.  Medical misdiagnosis is more commonplace than most people realize, and is a strong basis for a personal injury claim.

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Dallas Attorney Kris Barber | Car Accidents | Auto Accidents

Posted on 15. Jul, 2009 by Admin.

Good video by Dallas personal injury lawyer Kris Barber.

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