Articles Posted in Nursing Home Negligence

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Recognize Nursing Home Abuse, keep your loved one safeNational Family Caregiver Month is held each November to recognize the millions of Americans who take sick and disabled love ones into their own homes. In some cases, though, seniors require professional care, which is why families with elderly loved ones need to be aware of nursing home abuse and know how a Carlsbad attorney can help.

Bed sores, bruises, and other signs of physical violence are highly visible and should automatically be cause for alarm. However, not all abuse is physical, and the mistreatment that doesn’t leave a mark can be extremely hard for even close family and friends to detect.

Types of non-physical abuse that elderly residents of assisted living facilities and nursing homes might suffer include:

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nursing_home_abuse-300x205June 15 is World Elder Abuse Awareness Day. If you’ve already made the very tough decision to move an elderly family member to a nursing home or assisted living facility, it’s important to watch for signs of victimization or neglect. Encinitas nursing home lawyer Zev Rubinstein can take legal action on your family’s behalf if you believe a loved one is in danger.

One of the most tragic aspects of nursing home abuse is that many seniors are afraid to speak up because they’re worried about reprisals from their abusers. To ensure your loved one’s safety, it’s important to be vigilant about checking on your family member frequently.

During visits, make note of potential signs of abuse or neglect such as:

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LOS ANGELES TIMES article by Michael Fumento illustrates why drivers who text are more dangerous than those who drive under the influence (DUI). Studies show that texting while driving is more perilous than drinking and driving. A 2009 study conducted by Car and Driver Magazine using two of its staffers, concluded that a legally drunk driver responded to sudden breaking better than a driver reading an E-mail, and significantly better than a driver who was texting. Participants in a 2007 Harris Interactive poll illustrate people’s disregard for the laws, despite being in favor of banning the activity. Another study conducted at Virginia Tech, show that texting is 17 times more hazardous than driving and talking on the phone.

Applicable California law

The effectiveness of laws intended to deal with the problem of texting while was addressed at the Transportation Department’s Summit in September. In California, penalties are insignificant as there is almost no enforcement ( California Vehicle Code 23123 and 23124 ). A first offence is a $20 fine, and $50 for subsequence violations, as compared to DUI violations that carry jail sentences, license suspension, and fines up to a $1000 for first time offences. The release of the results of two pilot programs by the Department of Transportation in Connecticut and New York, show that a combination of public service announcements and vigilance by police officers had a significant impact on reducing texting while driving.

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THE ASSOCIATED PRESS reported that a Sacramento County jury awarded $29.1 million dollars in a case involving the death Frances Tanner, a 79-year-old Stockton woman. The jury awarded $28 million in punitive damages and $1.1 million in compensatory damages against Colonial Healthcare and its’ partner, Horizon West Healthcare Inc., for Tanner’s 2005 death caused by elder abuse. Ed Dudensing the attorney representing Tanner’s daughter, Elizabeth Pao and her estate said “the jury made the award they did because they rejected the way Horizon West did business.” According to Tanner’s daughter, her mother was suffering from dementia when she moved into the home and subsequently suffered a broken hip in a fall and died from an infected bedsore. The jury heard evidence of chronic understaffing, poor medical documentation, and other acts on neglect. Additional evidence of the companies’ finances and business practices led to the punitive damage award.

Our condolences go out to the friends and family of Mrs. Tanner.

Applicable California Law