The need to place a loved one in a nursing home is difficult and finding the right home is an emotional and stressful process. Even after the most diligent and scrutinizing search, a nursing home may fail to provide adequate care and treatment. Sometimes a loved one is a victim of elder abuse. In such circumstances, the result is devastating to the innocent victim, as well as family members and loved ones.
Recognizing the prominent and growing problem of nursing home negligence, Salvi, Schostok & Pritchard responded by creating one of the fastest growing nursing home negligence practice groups in the nation. Nursing home negligence may involve a variety of circumstances, including dehydration, malnutrition, chronic weight loss, bone fractures, pressure sores and serious infections -- which can lead to amputations and even death.
It is estimated that about 84 percent of abuse cases go unreported or unrecognized, which is why nursing home abuse has been called the hidden crime. It can be difficult to recognize; be concealed by nursing home staff; or sometimes the abuse victim is too frightened or incapacitated to report the mistreatment.
Nursing home negligence and abuse may take many forms:
* Elder Abuse
* Assault or battery
* Sexual abuse
* Rape
* Unnecessary physical restraint
* Insufficient food or water
* Improper use of medication
Nursing home residents are often too afraid to disclose instances of abuse of neglect out of fear the abuse will get worse. Some residents may not be able to effectively communicate that they're being harmed in some way due to physical or mental limitations. The following are signs that neglect or abuse may have taken place, or is cuurently taking place:
* Malnutrition or dehydration
* Staff refusing, or delaying visitors who come to see a resident
* Unexplained bruises, cuts, burns, sprains or fractures, suggesting the resident was dropped or beaten
* Bedsores, pressure sores or frozen joints
* Venereal disease or genital infections, including vaginal or anal bleeding, or torn, stained or bloody underclothing, suggesting assault or rape
* Staff not allowing a resident to be alone with a visitor
* Loss of resident’s possessions
* Unexplained withdrawals from bank accounts, or changes in banking practices
* Sudden changes in will or other financial documents
* Sudden changes in behavior
The Nursing Home Reform Act of 1987 requires that a nursing home “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that nursing homes must:
* Have sufficient nursing staff to provide nursing and related services,
* Develop a comprehensive care plan for each resident,
* Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
* Ensure that residents receive proper treatment to maintain vision and hearing abilities,
* Ensure that residents do not develop bedsores,
* Provide appropriate treatment and services to incontinent residents,
* Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
* Ensure that residents are free of any significant medication errors,
* Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
* Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
* Provide pharmaceutical services.
Saturday, April 25, 2009
Construction Liability
Construction accidents occur for a variety of reasons: unsafe working conditions, faulty equipment, lack of safety precautions or human error. The consequences of a construction accident can range from injuries that prohibit victims from earning a living to wrongful death. Thanks to the Structural Work Act in Illinois, workers that are injured on the job may sue for negligence and strict liability. If the injury results in death, their family is entitled to do so.
Workers injured in construction accidents may sue the owner, its agents and contractors for all damages sustained by virtue of the physical harm done to them. Such suits are permitted on behalf of injured workers in addition to workers’ compensation benefits they may have received.
According to 2003 numbers by the Bureau of Labor Statistics, the largest number of fatal work injuries was in the construction sector with a total of 1,126 deaths. The bureau also reported that highest level of nonfatal worker injuries, as measured on a lost-workday basis, is again in the construction industry with a rate of 5.7 days per 100 workers. This is in spite of the fact that the Occupational Health and Safety Administration (OSHA) has budgeted a significant portion of its resources into the publication and enforcement of safety standards on construction sites.
In Illinois and other states, special statutes were enacted to protect workers involved in construction-related accidents. These statutes exist because no matter how stringent the regulations concerning job safety, workers are at risk on a daily basis because of the inherently dangerous nature of their jobs. This is exemplified by situations involving:
* Scaffolding Accidents
* Roof related falls
* Falls from elevated work surfaces
* Workers hit by falling objects
* Trench collapses
* Electrocution
* Fire and explosions
* Machinery accidents
* Crane, forklift and vehicular accidents
* Equipment failure
* Failure to provide safety equipment
* Welding accidents
* Industrial gases
Workers injured in construction accidents may sue the owner, its agents and contractors for all damages sustained by virtue of the physical harm done to them. Such suits are permitted on behalf of injured workers in addition to workers’ compensation benefits they may have received.
According to 2003 numbers by the Bureau of Labor Statistics, the largest number of fatal work injuries was in the construction sector with a total of 1,126 deaths. The bureau also reported that highest level of nonfatal worker injuries, as measured on a lost-workday basis, is again in the construction industry with a rate of 5.7 days per 100 workers. This is in spite of the fact that the Occupational Health and Safety Administration (OSHA) has budgeted a significant portion of its resources into the publication and enforcement of safety standards on construction sites.
In Illinois and other states, special statutes were enacted to protect workers involved in construction-related accidents. These statutes exist because no matter how stringent the regulations concerning job safety, workers are at risk on a daily basis because of the inherently dangerous nature of their jobs. This is exemplified by situations involving:
* Scaffolding Accidents
* Roof related falls
* Falls from elevated work surfaces
* Workers hit by falling objects
* Trench collapses
* Electrocution
* Fire and explosions
* Machinery accidents
* Crane, forklift and vehicular accidents
* Equipment failure
* Failure to provide safety equipment
* Welding accidents
* Industrial gases
Illinois Product Liability Lawyers
When businesses put profits before the safety and well-being of people, serious injury can occur. Faulty infant equipment and toys, poorly engineered electric appliances and other potentially dangerous products can cause thousands of disabling injuries each year.
Companies have a legal and ethical obligation to ensure that the products they make will not harm the people who use or purchase them. When an accident or injury occurs due to rushing a product to market, cutting corners or ignoring safety concerns, the company who makes, sells or offers the product has a responsibility to provide recovery to the innocent victim or their family.
At Salvi, Schostok & Pritchard P.C., our team of product litigation attorneys is familiar with the physical, emotional and financial damage that a defective product can cause. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.
Recently, Evenflo recalled nearly a half million infant car seats/carriers because of faulty handles. The U.S. Consumer Product Safety Commission reported that more than 150 infants had been hurt falling out of the seats because the handles would release without warning. Our law firm handles product liability cases against manufacturers in circumstances just like these. If you have a question about this particular product recall or other similar cases please do not hesitate to contact us.
The main incentive to increase product safety is to avoid potential liability in product liability lawsuits which provide compensation for the personal injuries sustained from the use of a defective product. The damages the consumer is entitled to receive may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
At Salvi, Schostok & Pritchard P.C., we frequently hear of product recalls because of safety and design issues in car seats, ATVs, defective toys and food contamination. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property.
Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a strict liability case, your attorney must demonstrate that:
* The product had an "unreasonably dangerous" defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
* The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
* The product that caused damage had not changed “substantially” from its original sales condition.
Companies have a legal and ethical obligation to ensure that the products they make will not harm the people who use or purchase them. When an accident or injury occurs due to rushing a product to market, cutting corners or ignoring safety concerns, the company who makes, sells or offers the product has a responsibility to provide recovery to the innocent victim or their family.
At Salvi, Schostok & Pritchard P.C., our team of product litigation attorneys is familiar with the physical, emotional and financial damage that a defective product can cause. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.
Recently, Evenflo recalled nearly a half million infant car seats/carriers because of faulty handles. The U.S. Consumer Product Safety Commission reported that more than 150 infants had been hurt falling out of the seats because the handles would release without warning. Our law firm handles product liability cases against manufacturers in circumstances just like these. If you have a question about this particular product recall or other similar cases please do not hesitate to contact us.
The main incentive to increase product safety is to avoid potential liability in product liability lawsuits which provide compensation for the personal injuries sustained from the use of a defective product. The damages the consumer is entitled to receive may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
At Salvi, Schostok & Pritchard P.C., we frequently hear of product recalls because of safety and design issues in car seats, ATVs, defective toys and food contamination. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property.
Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a strict liability case, your attorney must demonstrate that:
* The product had an "unreasonably dangerous" defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
* The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
* The product that caused damage had not changed “substantially” from its original sales condition.
Illinois Animal Attack Lawyers
Animal attacks are a frightening reality. In fact, every year millions of Americans are bitten by animals, and many of these needless attacks cause life altering injuries. In addition to the pain and suffering caused, State Farm Insurance Company reported that victims of dog bites, in particular, suffer more than $1 billion in monetary losses every year.
The Animal Control Act erased the "one free bite" law, which excused the owners from being liable because they were not aware of the animal's propensity to bite. Those attacked or bitten by animals should clearly understand that it is the owner’s legal and ethical obligation to ensure, at all reasonable cost, that their animals do not cause harm to others.
State laws vary in animal bite laws, but in the State of Illinois, the law specifically states:
If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
Additionally, a victim can reach other potential defendants, such as the custodian of the animal on the ground of negligence or negligence per se.
Recovering from a dog bite can be a lengthy and painful process. Often, victims can recover damages to cover their medical treatments, any necessary medications, future treatment, psychological counseling and any lost wages. Claims can be made against the owner, his or her insurer, and possibly a third party if their negligence caused the injury.
Here are some things you can do if you have been injured by an animal:
* If you have recently been severely injured by an animal and have not sought medical attention, you should do so immediately.
* Immediately report your accident to the police and request a copy of the police accident report.
* Try to obtain the name and contact information of the animal owner.
* Try to get the name and contact information of any people who witnessed your accident.
* Try to take photographs of the animal which caused your injuries and the location of the accident.
* Try to take photographs of any visible injuries you have suffered as result of the incident with the animal or permit our investigator to accomplish this.
* Do not have any communication with the owner of the dog or the owner's insurance company. If you accept any form of compensation, you may waive your right to sue for additional damages.
* Try to save any clothing that may have been damaged by the animal.
* Please save and, if possible, take photographs of any property damage caused by the animal.
The Animal Control Act erased the "one free bite" law, which excused the owners from being liable because they were not aware of the animal's propensity to bite. Those attacked or bitten by animals should clearly understand that it is the owner’s legal and ethical obligation to ensure, at all reasonable cost, that their animals do not cause harm to others.
State laws vary in animal bite laws, but in the State of Illinois, the law specifically states:
If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
Additionally, a victim can reach other potential defendants, such as the custodian of the animal on the ground of negligence or negligence per se.
Recovering from a dog bite can be a lengthy and painful process. Often, victims can recover damages to cover their medical treatments, any necessary medications, future treatment, psychological counseling and any lost wages. Claims can be made against the owner, his or her insurer, and possibly a third party if their negligence caused the injury.
Here are some things you can do if you have been injured by an animal:
* If you have recently been severely injured by an animal and have not sought medical attention, you should do so immediately.
* Immediately report your accident to the police and request a copy of the police accident report.
* Try to obtain the name and contact information of the animal owner.
* Try to get the name and contact information of any people who witnessed your accident.
* Try to take photographs of the animal which caused your injuries and the location of the accident.
* Try to take photographs of any visible injuries you have suffered as result of the incident with the animal or permit our investigator to accomplish this.
* Do not have any communication with the owner of the dog or the owner's insurance company. If you accept any form of compensation, you may waive your right to sue for additional damages.
* Try to save any clothing that may have been damaged by the animal.
* Please save and, if possible, take photographs of any property damage caused by the animal.
Wrongful Death Lawyers in Houston Area
If the life of your parent, child or spouse has been cut short by the negligence of another person or company, by a defective product, or by a dangerous condition of property, you may have a valid wrongful death case. Though it may be the last thing on your mind, a lawyer should be one of your first calls. In a wrongful death case, damages may be sought for loss of financial support, loss of the relationship with the deceased, as well as mental anguish for grief and bereavement. There are often personal injury components to a wrongful death claim, if the victim required medical treatment or experienced conscious pain and suffering prior to the moment of death. Only a qualified lawyer can evaluate a potential wrongful death case and advise you whether or not you should seek a recovery.
Personal Injury Lawyers in Houston Area
If you or a loved one has suffered a personal injury due to the negligence of another person or company, a defective product, a dangerous condition of property, there may be a valid personal injury case in which you will need a lawyer to represent you. People are injured every day in motor vehicle accidents, at work, in stores and other businesses and while receiving medical care. If your injury could have been prevented with proper conduct or safer products, you should call a lawyer. You may have a right to sue for medical expenses, loss of income and earning capacity, physical pain, mental anguish, physical impairment and/or disfigurement. Only a qualified lawyer can evaluate your case and advise you whether you should seek compensation.
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