This week, the New York Times reported that 90 percent of all nursing homes have been cited for violating federal health and safety standards. Even worse, 94 percent of all privately-owned facilities were cited for such violations. It is clear that nursing home abuse and neglect has become an epidemic, and anyone with a loved one in a nursing home needs to be aware of this issue.

Nursing home residents’ rights are guaranteed by the federal 1987 Nursing Home Reform Law. The law requires nursing homes to “promote and protect the rights of each residentâ€?.  Yet, as the New York Times recently made clear, nursing homes are not doing enough to protect their residents.

The National Center on Elder Abuse estimates at least one in 20 nursing home patients has been the victim of negligence and or abuse, though it concedes that the number is probably higher. According to the National Center’s study, 57% of nurses’ aides in long-term care facilities admitted to having witnessed, and even participating in, acts of negligence and abuse.  Data from the U.S. Centers for Disease Control and Prevention show that nursing home neglect played role in the deaths of nearly 14,000 nursing home patients between 1999 and 2002.

The New York Times report detailed a study conducted by the inspector general of the Department of Health and Human Services.   According to the inspector general, more than 1.5 million people live in the nation’s 15,000 nursing homes. To participate in Medicare and Medicaid, facilities must meet federal health and safety standards. These programs cover more than two-thirds of nursing home residents, and cost taxpayers more than $75 billion per year.

According to the inspector general’s report, in the past year, poor nursing home conditions were the subject of 37,150 complaints. Of those, 39 percent were later substantiated by inspectors, and at least 20 percent involved the abuse and neglect of patients.  What’s more, 17 percent of nursing homes had deficiencies that caused “actual harm or immediate jeopardyâ€? to patients, the report said.

About two-thirds of the nation’s nursing homes are owned and operated by for-profit companies. Non- profit organizations own 27 percent, while government entities own and operate 6 percent. Of the facilities owned by non-profits, 88 percent were cited for violations, while 91 percent of government-run institutions received citations. According to the report for-profit nursing homes averaged 7.6 deficiencies per facility, while not-for-profit and government homes averaged 5.7 and 6.3, respectively.

To protect a loved one living in a nursing home, it is important to understand what constitutes nursing home abuse and how to spot it. The most common type of nursing home abuse is neglect. Understaffing at nursing homes is the main culprit behind this kind of abuse. Evidence of nursing home neglect includes bedsores and stiff joints, as well as signs of depression. A patient who appears over medicated or is needlessly sedated could be a victim of nursing home neglect.  The smell of urine or feces and poor personal hygiene are hallmarks of this problem.  Extreme unexplained weight loss in an otherwise healthy resident can also be a sign of abuse. And if visitors are made to wait while the staff readies a patient to see them, – or does not allow the visit at all – neglect could be the reason.

Nursing home neglect is as much a crime as any other form of abuse. Nursing home neglect robs patients of their dignity, and it can be deadly. Neglected nursing home patients have been known to wander away from facilities, and sadly some of these patients have died of exposure. Other unattended patients have been allowed to die as a result of undetected internal bleeding or other ailments that could have been corrected with proper medical care.

Physical abuse is an unfortunate fact of life in many nursing homes. Nursing home staff are often guilty of this crime, but abuse among residents is not unheard of. About 2500 cases of physical abuse by nursing home staff are being reported each year.  While physical abuse encompasses crimes like battery, it also includes placing a patient in excessive restraints or physically confining residents for no valid reason.  Over-medicating patients simply to keep them quiet, or withholding medical care are also forms of physical abuse.

And sadly, sexual abuse also occurs in nursing homes. Again, both staff and other residents can be guilty of this type of abuse. According to a 1996 Medicaid Fraud Report, 10% of all physical abuse cases in nursing homes are of a sexual nature. Sexual elder abuse is defined as non-consensual sexual contact of any kind with a nursing home resident. Sexual contact with any person incapable of giving consent is also considered sexual elder abuse.

Often, nursing home sexual abuse goes undetected. Sadly, the physical and cognitive impairments common among nursing home patients make it impossible for them to fight off sexual assailants or report sexual abuse. Some physical signs of nursing home sexual abuse bruising around breasts, upper abdomen, or inner thigh; is often evidence of inappropriate touching or worse. Signs that a nursing home resident has been the victim of a sexual assault include bleeding from the vagina or anus; the presence of a sexually transmitted disease; troubles walking or discomfort when sitting; and irritation or itching in genitals.

If nursing home abuse is suspected, immediate action must be taken. Call 911 if a resident appears to be in immediate danger, otherwise, report the situation to an administrator. All nursing homes are required to have formal complaint procedure and a staff person who is designated to review grievances. Submit specific information about your complaints and attempts to resolve them. If the situation is not resolved, then the problem should be reported state agency charged with overseeing nursing homes.  It may be necessary to remove a resident from a deficient nursing home if the problem is not corrected. In many cases of suspected nursing home abuse and neglect, it can be helpful to retain an experienced elder abuse lawyer to take action on a loved one’s behalf.

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Save Money
The first, and main, reason many people decide to compare their life insurance quotes is to save money. It is understandable, as for many people money is a major factors in the life insurance process. Sometimes, the quotes you can get from different life insurance companies can differ greatly, so shopping around to get the best deal is usually a good idea. Sometimes, a similar or identical policy can cost as much as 30% less at another life insurance company. That is a huge savings you need to take advantage of if you can find it.

Get A Better Policy
The next reason to compare life insurance quotes is to get a better deal on a better policy. Sometimes, you can actually go to a variety of different life insurance providers, get a bunch of quotes, and actually go and negotiate your price down with other providers. Most people never do this, but it really is something you should consider if you want to save some money and get the best possible policy.

Confirm Your Current Policy
Finally, the last reason why you need to compare life insurance quotes is to confirm that the policy that you currently have is the best deal possible. In many cases, people start to wonder if they are overpaying for what they are receiving, or if there is a better policy out there for them. By comparing your policy to other quotes from other life insurance providers on a yearly basis, you will be able to be confident that you are getting the best deal possible and you will not worry about it any more.

There are many more reasons than listed above for why people choose to compare the life insurance quote that their life insurance company gives them. When making a major financial decision like this, it is an extremely good idea to shop around and make sure you are getting the best deal possible.

How do you know if you, a family member, or friends have been the victim of medical negligence? What information is important? What are the issues? What are the types of damages that can be recovered? How long do you have to take legal action? These are all important questions and this article will attempt to provide you with useful answers.

What Information is Important? Our analysis of your potential case begins with a thorough investigation and examination into your medical history. Any previous hospitalizations regardless of the reason may be important. We need to review your medical records from your family or primary care doctor for several years prior to the date of the treatment which you believe was negligent. We will need to review all records surrounding the treatment which you believe to have been improper. Finally, we need to understand all medications which have been ordered for you during the last several years. No doctor or hospital can refuse to provide you with a copy of your records – it’s the law! They may charge you a fee for copying the records but must provide the records within 15 days of your request. You do not have to inform the health care provider that you are requesting the records for review in a potential legal matter.

What Is Medical Negligence? In Virginia, and most other states, a doctor, nurse, dentist, or other medical professional is guilty of medical negligence if their care of a patient is below what a reasonably trained and experienced medical professional would have done for the patient under similar circumstances. This negligence may be the result of actions or inactions by the medical professional. For example, if a reasonable and competent Emergency Room doctor would order a chest x-ray and cardiac studies for a patient with complaints of chest pain and shortness of breath – then it would be negligent for that doctor to fail to order these tests to determine the patient’s cardiac status. Also, if a reasonable and prudent nurse would not give 100 mg of Demerol (narcotic pain medication) to a post-operative patient who had already received post-operative pain medication in the recovery room, then it would be negligent for the nurse to give the patient the additional dosage of pain medication.

What is Causation? Proving that the doctor, dentist, or nurse was negligent is not enough to prove your case. You must also be able to establish the negligence of the health care professional directly caused injury or death. The easiest way to understand this principle is to discuss a situation where causation is not proven. Let’s assume that you are cleaning the gutters from a ladder at your house and fall and injure your arm. A family member takes you to the doctor who orders x-rays, and after reviewing the films, tells you that you have just bruised your arm and sends you home. Upon returning home, and for the next 24 hours, the pain in your arm becomes unbearable. You head to the local hospital emergency room and additional x-rays are taken which clearly establish that you broke your arm as a result of the fall from the ladder. Yes, the first doctor was most likely negligent in failing to diagnose your broken arm but what damages were caused by the negligence? You would have had a cast placed on your arm 24 hours earlier but would still have endured a fair amount of pain. In other words, you cannot prove that the first doctor’s negligence caused you to suffer additional injury requiring additional medical treatment.

What Damages May be Recovered? Assuming you can establish that your doctor or nurse was negligent and that such negligence caused you further harm there are several different types of damages which the law entitles you to recover. First, you may recovery for additional medical costs/charges if the negligence required you to remain in the hospital for a longer period of time or receive medical care from other doctors to fix the medical problem. Second, you may recover any wages or income lost as a result of your inability to work – even if you will be unable to work for the remainder of your life. Third, you may recover for the added “pain and suffering” which results from your doctor’s negligence. Finally, you may recover damages for the loss or reduction in the enjoyment of everyday life if your injuries are permanent in nature and prevent you from doing the things you have always done (i.e. golf, hiking, etc.).

How Long Do I Have to Make a Claim? The general rule in Virginia is that you have two years from the date of the negligence to file a civil claim for damages. This time may be shorter or longer depending on the facts of your case. The rule is different for children who have suffered from acts of medical negligence and there are different restrictions if the defendant is a division or agency of the Commonwealth (i.e. UVa. Medical Center, etc.) All claims, regardless of their merit, are barred if filed after the expiration of these cutoffs or periods of limitation. The best practice is to consult with an attorney as soon as you have questions about the medial care provided to you, your family, or friends.

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All motor and road accidents can be nasty and sometimes fatal, but motorcycle accidents can result in particularly nasty injuries. In 2008 there were a reported 5,357 motorcycle related deaths.. Many others are seriously injured and undergo serious life changes and disabilities due to motorcycle accidents. As far as statistics go, in most cases a motorcycle accident is not actually the fault of the motorcyclist but of the driver of another motor vehicle involved – in a large percentage of cases the other driver was simply unable to see the motorbike; however, this does not excuse them from blame.

Motorcycle accidents often result in very serious injuries or death, and it is therefore important for those involved in a motorcycle accident to contact an experienced lawyer in order to recover costs for injury, distress, lost wages, medical expenses, and other damages caused as a result of the motorcycle accident. It is also important to take certain steps immediately following the accident wherever possible. Of course, this may not always be possible, as the accident could result in too serious an injury. However, you should try to:

Remain at the scene of the accident.
Call the police immediately or have someone call the police for you
File a police report as soon as the officers arrive.
Seek immediate medical attention, even if you think you are not injured. You may have injuries that will come to light later.
Get the license number, personal and insurance details, and name of the other driver involved.
Ask for the details of any witnesses present at the accident scene.
Seek legal assistance as soon as possible.

Being involved in a motorcycle accident can result in severe shock, so any injuries may not be immediately apparent. However, you should not let this apparent lack of injury put you off getting medical attention immediately, as this will be key to filing for compensation as a result of your accident. Likewise, wherever possible try and get witness statements, file your police report straight away, and get all of the relevant details from the other driver, as these will prove very useful when you claim for compensation for the injuries and damages that result from the motorcycle accident.

If you are the relative of someone that has been killed in a motorcycle accident it is also important to seek legal representation right away in the event that the fault was the other drivers. There are many lawyers that specialize in motorcycle accident claims, and it is best to seek assistance from a lawyer with expertise and a good deal of experience in this area. You can usually set up a free initial consultation to go through the various legal options open to you.

An experienced motorcycle accident lawyer will be able to evaluate all of the facts surrounding the accident in order to get you the maximum amount of compensation possible for your motorcycle accident injuries. The lawyer will be looking to get compensation for mental or physical injuries, damage, loss of earnings, medical expenses, and any other damages resulting from the motorcycle accident. A skilled and

experienced lawyer in this field will be able to gather all of the relevant information and any necessary details to maximize your chances of a successful lawsuit as well as get you as much compensation as possible for the damage and expenses incurred as a result of the motorcycle accident.

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Yes. Dentists and oral surgeons are considered health care professionals and must provide a certain standard of care when providing dental services to a patient. Just like medical doctors, dentists and oral surgeons have a duty to uphold that standard of care in his/her specialty. A breach of this duty, resulting in injury to a patient can result in what is generally referred to as dental negligence.

Some types of injuries caused by dental malpractice include permanent or temporary nerve and/or structural injuries to the tongue, jaw, chin and lips including lingual nerve injury (tongue), inferior alveolar nerve damage (lips, chin and jaw), numbness, loss of taste sensation and even death. These injuries can be caused by: negligently administered anesthesia or pre-medication, improper removal of impacted wisdom teeth and other negligence in the administration of dental procedures.

Dental negligence cases are as expensive and difficult to try as medical malpractice cases, so our firm believes a serious permanent injury is needed to justify and merit bringing a dental negligence case. Serious dental injury cases our firm has been involved in include lingual and inferior alveolar nerve injuries and antibiotic or pre-medication errors. As with medical and birth injuries, our firm ends up turning down far more of these cases than we can take. If your dental treatment has been sub-standard our aim is to obtain maximum compensation for you as quickly as possible and only to take cases we feel we can win.

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Yes. Dentists and oral surgeons are considered health care professionals and must provide a certain standard of care when providing dental services to a patient. Just like medical doctors, dentists and oral surgeons have a duty to uphold that standard of care in his/her specialty. A breach of this duty, resulting in injury to a patient can result in what is generally referred to as dental negligence.

Some types of injuries caused by dental malpractice include permanent or temporary nerve and/or structural injuries to the tongue, jaw, chin and lips including lingual nerve injury (tongue), inferior alveolar nerve damage (lips, chin and jaw), numbness, loss of taste sensation and even death. These injuries can be caused by: negligently administered anesthesia or pre-medication, improper removal of impacted wisdom teeth and other negligence in the administration of dental procedures.

Dental malpractice cases are as expensive and difficult to try as medical malpractice cases, so our firm believes a serious permanent injury is needed to justify and merit bringing a dental negligence case. Serious dental injury cases our firm has been involved in include lingual and inferior alveolar nerve injuries and antibiotic or pre-medication errors. As with medical and birth injuries, our firm ends up turning down far more of these cases than we can take. If your dental treatment has been sub-standard our aim is to obtain maximum compensation for you as quickly as possible and only to take cases we feel we can win.

Motorcycles have become an increasingly popular method of transportation over the last 10 years; more than 700,000 motorcycles were registered nationwide in 2000 compared with 300,000 in 1990. Even though there has been a dramatic increase in the number of “new” riders (many over the age of 40) the fact still remains that over 80% of multi-vehicle accidents involving motorcyclists are not the rider’s fault.

Crashes involving motorcycles result in more catastrophic injuries such as quadriplegia, traumatic brain injury and death. Often motorcycle riders are left with permanent injuries, astronomical medical bills and lifelong emotional damages as a result of another driver’s negligence.

If you’ve been involved in an accident, you have the right to file a claim against a negligent driver if you can prove 3 things.

1. Negligence – The driver failed to use due care when operating his automobile.
2. Causation – The negligence of the driver caused the accident.
3. Damages – You suffered damages as a result of the accident.

You will often be able to file a claim that includes any property damage as well as physical damage such as pain and suffering. You may also be able to claim any future losses; and in some cases, if the negligent driver was malicious (drunk driving, willful, etc.), you will be able to make a claim for punitive damages.

Even if you are injured in a “single vehicle” accident, you may also be able to recover your damages. You have the right to expect that your motorcycle and motorcycling equipment designers and manufacturers will provide you with a safe product, and even though they may argue that “you should have known the risk when you purchased the product”, they are liable for any damages that you sustain resulting from a defect.

In order to establish a claim against them, you generally must prove the following:

1. The product was, in fact, in a defective condition.
2. The defect existed prior to the manufacturer releasing it.
3. The defect caused your damages.

Additionally, a product (although designed and manufactured properly) may contain parts that could result in an injury if used incorrectly. In that case, the marketer of the product must inform the consumer of any potential hazards. If the manufacturer markets a product knowing that there are possible dangers, and does not notify the consumer, the manufacturer is liable.

Motorcycle riders must complete motorcycle safety training courses in most states (Team Boston offers an excellent course) and riders are trained to be aware of road conditions, but local governments also have a responsibility to provide safe roads and to adequately point out any abnormalities such as construction, loose gravel, etc. If you have gone down due to unsafe roads, you may be able to file a claim against the government provided that you can prove that they were negligent (failed to warn you), that their negligence caused your accident, and that you suffered damages as a result of their negligence. In cases of this nature, it is extremely important that you document the scene and notify the government agency immediately.

Always ride with a camera. Take pictures of the scene and get statements from any and all witnesses that will collaborate the date, time of day, road conditions, etc. and document such things as weather conditions, type of road, speed of travel, and so on. The defendants’ attorneys will try to establish that some other factor contributed to the accident and you must be prepared to refute that.

It is also your obligation to look out for your fellow motorcyclists. If you encounter any hazardous road conditions that may be injurious to you and your fellow riders, it is your duty to inform your jurisdiction (in writing and verified!) that there is a hazardous road condition that must be corrected. Once they have been informed, they are responsible to correct the problem immediately. If they don’t, and their negligence results in an accident, they may be liable for damages.

Bikers consider riding a motorcycle as a lifestyle and sport that non-riders will never comprehend, but motorcycling does not come without risks. Over 80% of injuries to motorcyclists involved in multi-vehicle accidents are the fault of the other driver and, even though you may have adequate insurance coverage, the responsible party may not.

Over the past 10 years, bicycling has become extremely popular in the United States. It is a convenient and inexpensive method of travel, especially in large cities where traffic is congested and parking spaces are difficult to find. High tech materials and fabrication have now made bicycle riding virtually effortless and many families enjoy exploring the countryside on bicycles.

Many cities now recognize the increase in bike traffic and have constructed special bike lanes. Parks have now made trails accessible to bicycles. Even some vehicle manufacturers are now offering bike racks as standard equipment. Sadly, however, many automobile drivers do not respect the bicyclists’ rights to share the roads and, more importantly, young bike riders haven’t been educated on how to legally and safely share the roads with automobiles.

Uneducated drivers and bicyclists have resulted in some staggering statistics

• A bicyclist is fatally injured every 6 hours;
• Nearly one million children are injured each year in bicycle related accidents;
• Nearly half of all bicycle fatalities occur to children under the age of 16;
• 75% of all serious injuries and fatalities from bicycle accidents are from head injuries;
• While collisions with cars account for only 1/3rd of all bicycle accidents, they account for the majority of catastrophic injuries and deaths.

Motor vehicle operators must be attentive to bicycle riders. They must equate a bicycle with a motor vehicle and observe the same laws. For example: if you are sharing the right lane with a bicyclist and you are planning to turn right at an intersection, you must yield to the bicyclist. You may not drive in a designated bike lane unless you have immediate intentions to turn off the road. There are many “new” traffic laws concerning bicycles and ignorance of the laws will not protect you against negligence if you injure a bicyclist.

Bicycle riders are subject to the same traffic laws as motorists. If you are riding a bicycle, you are also required to obey the traffic laws and you deserve the same protection by those laws as automobile drivers.

Other types of negligence, such as product liability, defective products and negligent manufacturing or assembly, can also cause bicycle accidents and injuries.

Our firm rides bicycles and represents bicyclists that have been wronged on the roadway or by a defective product. Below are examples of successful results in recent bicycle injury cases.

Manufacturers and their agents are obligated to provide consumers with products that are safe when used in a reasonable manner. Manufacturers are also obligated to market their product responsibly. This is interpreted to mean that although a product may be safe if used for a specific purpose, it could be hazardous, or even deadly, if used incorrectly or under different circumstances. The product must include clear, visible and concise warnings outlining any dangers and their consequences.

Claims for product liability can be brought against the manufacturer of a defective or dangerous product if three things can be established: The product was defective; the defect existed prior to the manufacturer releasing the product; and that the defect caused your damages or injuries.

If you have been injured due to a defective product, there are some important things you need to remember:

1. Seek medical attention immediately.
2. Keep the product and anything related to it, such as packaging, instructions, receipts, etc.
3. Take photographs of the product and the accident scene.
4. Verify that you were using the product in accordance with the manufacturer’s instructions.
5. Protect your legal rights.

To protect your legal rights following severe injury or wrongful death resulting from an accident involving a defective or dangerous product, it is wise to immediately consult an experienced product liability law firm.