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nursing home abuse and neglect

Nursing home in trouble after hiding resident from inspectors

There is little more important than the safety and comfort of our relatives. It can be difficult to make the decision to move an elderly relative into an assisted living facility or nursing home. But once that decision is made, we must hope that the facility’s medical professionals and staff members have the same concern for our seniors’ lives as we do.

Tennessee has dozens of nursing homes run by several large and independent agencies. Most patients and residents in these facilities are safe and happy, but several have suffered due to staff abuse or neglect of their most fundamental needs.

One Arlington nursing home has been enjoined from accepting new patients while state health inspectors investigate the allegation that a resident was hidden in a closet during a scheduled inspection. The facility outside Memphis has been cited for several other violations as well, including the death of a patient from a preventable ulcer after staff did not elevate her legs as prescribed.

The hidden resident was actually not a “resident” at all, as she was living in the home without records. Staff members tried to claim she was only a day patient, then gave a fake name for her to investigators after the elderly woman was found sitting inside a storage closet. She claimed to have been living there “off the books” for nine months.

Victims f nursing home abuse and neglect have the right to ask for compensation for their injuries. An attorney can help review the details of a case of abuse or neglect and prepare a case to restore justice to the victim and his or her family.

Categories
catastrophic injuries

Risk of player injury brings football coaches forward on safety

Sports are a big part of growing up, especially in the southern United States. Football is one of the most widespread pastimes between the Mason-Dixon Line and the Gulf of Mexico, with every type of school offering students a chance to get caught up in some gridiron action.

Recent injuries have highlighted the need to review sports safety guidelines below the professional leagues. A student at a Tennessee university is in critical condition after a head injury during a league game. An earlier injury at a high school matchup in Georgia ended the life of an Atlanta-area athlete.

One high school football coach said that although the chances of a catastrophic injury in sports are very low, “the coaches’ greatest fears is your player getting injured in any way.” Many coaches in Tennessee and elsewhere are getting more involved in player safety, from better practices to more training focused on health.

Several schools drill their student-athletes differently now than in the 20th century. More information about the dynamics of sports injuries and the dangers of repetitive stress has changed many approaches, including less aggressive trainings and extra training about how to give and take a hit on the field.

The families of children affected by catastrophic injury while playing sports or in other situations may have a case for financial damages if someone else is responsible for the dangerous situation. An attorney can help guide a family through a difficult period of early recovery and make the best case possible for reimbursement of medical expenses and compensation for pain and emotional distress.

Categories
dangerous and defective products

Lawsuit alleges a company knew it was dumping harmful chemicals

We rely on companies to make good products safely for consumers and neighbors alike. Tennessee has seen some dangerous product lawsuits over the years, but one of the state’s largest liabilities may be industrial interference in its precious water resources.

A Lawrence County woman is suing a major office and industrial supply company, claiming its leadership knew that it was dumping cancer-causing waste chemicals into the Tennessee River in Decatur, just to the east of her home. The woman was diagnosed with kidney cancer and believes it was caused by the company’s irresponsible waste disposal.

The two chemicals in question are used to create nonstick surfaces, a process involving many hazardous tools. The lawsuit states they were dumped into the river’s water and bed sludge for more than 35 years. Even if the practice was stopped, environmental watchdogs still claim millions of pounds of contaminants still enter the Tennessee River every year.

The local municipal water authorities later responded by installing carbon filters to trap the chemicals before they entered drinking water. Progress was noted on water bills to be shared with clients. The plaintiff also named these authorities as defendants, to which they responded they were victims of the company and its practice as much as she was.

Victims of unsafe products, poor commercial practices and other violations of law or trust may consider a lawsuit to claim suitable financial damages and get a harmful practice stopped before it hurts more people. An attorney can help create, file and pursue such a case for one or more people looking for justice.

Categories
motor vehicle accidents

Tennessee man killed in van collision

Anyone familiar with the roads of Tennessee knows that most of them include gorgeous vistas, and some can pose serious dangers to drivers and passengers. Drivers across the Volunteer State must stay vigilant to avoid collisions.

A 78-year-old motorist from Loudon was killed in a car accident in Maryville recently. The accident happened on U.S. Route 411 at Calderwood Highway when the victim turned his convertible to make a left turn. A van owned by the University of Tennessee pulled in front of the car and pushing it into a pickup truck stopped at the traffic light.

The 21-year-old driver of the van stopped to assist at the scene of the three-vehicle accident, which killed one driver and injured another. None of the van’s eight occupants were injured. Police do not currently believe drugs or alcohol were involved, although blood tests of the involved drivers are pending.

All drivers were wearing seat belts, which reduce the chances of injury and death in a car accident. The deceased driver had to be extricated from his car by emergency personnel. This is the latest of several serious accidents in Tennessee’s Blount County. Earlier this year, a motorcyclist lost his life and several others were hurt in various crashes.

Victims of serious car accidents and the survivors of those who died in traffic fatalities may consider filing claims for financial damages to help get past the tragic and unexpected crash. An attorney may be a defendant’s best ally in the search for reimbursement of medical expenses as well as possible compensation for pain and emotional distress.

Categories
Uncategorized

Staying safe on the road through winter weather

Tennessee doesn’t often experience the giant storms of Northern states, but when it does snow, it becomes a safety issue for all drivers. Fortunately, there are ways to stay safe on the road when there is ice and snow.

Below are a few safety tips for if you are caught on the road with snow this winter season.

Pack an emergency kit

In the event you are unable to continue driving in a snowstorm, it could be helpful to keep an emergency kit handy. Tennessee drivers may not need everything a motorist in a state like Minnesota might want to have handy, but there is some overlap.

A few items to consider adding to your own emergency kit are:

  • First Aid needs such as bandages, hand sanitizer, aspirin or other medical items
  • Road flares
  • Jumper cables
  • A flashlight and extra batteries
  • Duct tape
  • Cat litter (for traction on slick roads)
  • Ice scraper
  • Drinking water and non-perishable snacks
  • Blankets and warm clothing

Give yourself time

If you are planning to drive through snow, build delays into your trip. Leave early and drive slow to ensure you reach your destination safely.

Slowing down also means creating space between drivers. Increase the distance between yourself and other vehicles, as it takes more time to stop. Brake early and slowly to stay safe.

Watch for plows

Snow plows are crucial to keeping the roads safe during a storm, so give them room to do their job. Don’t tailgate behind a plow or stop too close behind them, and remember that their field of vision is not the same as yours.

If it seems dicey, stay at home

Drivers can call 511 to assess the current driving conditions, and if the weather seems too risky for driving, it may be best to stay at home. Know what the roads are like and your own driving capabilities before deciding to drive.

There is no surefire way to guarantee drivers won’t get into an accident, but by sticking to known tips for winter weather driving, we can all help increase the safety of everyone on the road.

Categories
nursing home abuse and neglect

Knoxville rest home investigated after neglect allegations

One of the most important decisions we can make for our elder relatives is to commit them to reliable round-the-clock care if the necessity appears. Many facilities across the Volunteer State help fulfill these needs, but families must be vigilant to prevent abuse or neglect among residents in nursing homes.

A nursing home in Tennessee has been forbidden from accepting new patients while authorities investigate a possible case of neglect for a disabled patient. The alleged victim, an elderly woman with dementia, was bedridden when she suffered a fall from bed and fractured both of her knees.

The problem became worse when she was returned to bed without seeing a doctor or received medical attention. The patient was reportedly in agony for nine days before she was sent to the hospital, although her health had declined to the point that she died a month later under care.

The Tennessee Department of Health cited the Knoxville residential facility and fined it $30,000 in connection to delays in the patient’s care. The department’s commissioner stated the nursing home appeared below state standards for administration, improved performance, nursing services, radiology and patient rights.

Citations, fines and even criminal charges against individuals or administrators may shift the conduct of nursing homes and their operators to make them safer and more comfortable for residents. Once it has already affected someone’s health and safety, however, a civil lawsuit may be the last resort to claim financial damages for a specific victim.

An attorney is often a powerful ally for the victims of nursing home abuse as well as their relatives. Consider legal representation to restore justice and dignity to residents in assisted care.

Categories
Uncategorized

Truck crash injury claims are complicated. Here’s why

If you are an active driver, you know that the highways and roads of Tennessee can be dangerous places. The volume of vehicles around you at any given moment can be huge.

So can the volume of any single vehicle. Commercial tractor trailer trucks, whether they are handling short hauls or long, are not only large in size but massively heavy. Laws of physics being what they are, collisions involving big rigs typically cause greater damage. Serious or fatal injuries are common.

Differences in size aren’t the only thing that make crashes involving trucks more complicated than other motor vehicle accidents. Trucking is subject to more layers of regulation. Laws dictate that those in the trade carry extensive insurance coverage. There are many players and each may have separate policies. And since every insurer wants to minimize liability, victims in crashes involving a truck often find seeking compensation means confronting a host of unwilling actors.

Additional complicating factors

In nearly every personal injury case, the legal theory under which victims make their claim is one of negligence. In a vehicle accident, that negligence might be due to the actions of the other driver. But with trucks, multiple parties could bear liability because of their relationship with the driver or because company policies of operation violated the law.

In addition to the driver, other potential defendants could include:

  • The owner of the truck
  • The employer of the driver
  • The shipper, if hazardous cargo made injuries more severe
  • The manufacturers of the truck or any of its many components, if there is evidence of product defect
  • Those responsible for the truck’s maintenance
  • Government regulators

Of course, if you bring a claim, the responsibility rests with you to prove the alleged negligent acts of individuals or negligence in design, manufacture or assembly of parts.

Legal strategy options

It’s also useful to know, too, that filing a claim for compensation is not the same as filing suit. Pursuing the compensation you may be due to cover medical costs, wages lost, pain, suffering or disability might be best accomplished out of court through other means, such as arbitration or mediation.

What should be clear from all of this is that many options exist for seeking compensation and it can be complicated to know which will obtain the optimal outcome of your case. If you want confidence about how to proceed, speak with a skilled attorney.

Categories
catastrophic injuries

Amusement park rides can be deadly

Are you a thrill seeker who enjoys rides at amusement parks and fairs? With fair season is full swing, it is worth noting that amusement park rides continue to cause critical injuries and even deaths. In 2017, Tennessee regulators began work to upgrade their inspections of amusement park rides across the state saying systematic problems needed to be addressed.

The Tennessee inspectors went into action after an 18-year-old man was killed when a ride malfunctioned in July 2017, at the Ohio State Fair. That ride is now banned in Tennessee as well as many other states.

Dangers of amusement park rides

According to the Consumer Product Safety Commission, there were 30,900 injuries in the U.S. from amusement park rides that sent people to and emergency room in 2016. Twenty-two people have died since 2010 across the U.S. because of an amusement park ride accident.

Ride inspections different for each state

There are no federal oversight regulations for amusement park rides. Each state is responsible for their own regulations concerning the safety of amusement park rides. The law in Tennessee requires a ride to be inspected once a year. However, a ride may be in another state and tore down and moved to Tennessee. If the ride had an inspection within three months of applying for a permit in Tennessee, it would pass the inspection.

Amusement parks are busy places

According to the International Association of Amusement Parks, around 335 million people attend an amusement park in the U.S. each year. There are 28 county fairs scheduled in the month of August in Tennessee which means a lot of people will be on rides. The dangers are not far away as a Ferris wheel dumped out three young girls in Greeneville, Tennessee in August of 2017. The girls fell four stories before they hit the ground.

If you are planning to attend an amusement park, remember that injuries and death can be a possibility from malfunctioning rides. Before you go, you may want to research the safety record of the amusement park you are visiting.

Categories
Uncategorized

Protecting loved ones from nursing home neglect

The safety and well-being of loved ones is always a top priority. Making the determination that your loved one may need round-the-clock care and monitoring can be difficult. Doing so shouldn’t result in added danger.

Nursing home neglect happens far too frequently. Just this month Tennessee state officials had to prevent a Knoxville nursing home from admitting new patients due to evidence of mistreatment of a patient with dementia. The Westmoreland Health and Rehabilitation Center must also pay $30,000 in penalties stemming from the case.

No one deserves the mistreatment this patient received at the hands of her intended caretakers. As the family member of a patient in nursing home care, you may need to be aware of signs of neglect and prepared to discuss concerns with your loved one.

Types of elder abuse

Each case of abuse or neglect will vary. Some signs are less noticeable than others, but informing yourself of what to watch for can help keep a loved one safe. The CDC defines mistreatment six ways:

  • Emotional abuse
  • Neglect
  • Abandonment
  • Physical abuse
  • Sexual abuse
  • Financial abuse

These categories may not cover all types of elder abuse, but they include the most common types of mistreatment of people over 60-years-old.

Signs of mistreatment can vary, but include physical injuries such as bed sores, cuts, fractures, bruises or drastic, unexplained weight loss. Abuse may be emotional and present in the form of mood swings, refusal of medications, loss of appetite or fear of certain people who may contribute to their neglect.

Difficulties of spotting elder abuse

One difficult aspect of identifying neglect is that some symptoms may be from existing illness and the general deterioration that occurs near the end of life. Mood changes and weight loss can happen in any person, regardless of mistreatment, so it’s important to use logic and caution when considering whether a loved one is subject to mistreatment.

Take the time to educate yourself about the signs of elder neglect and abuse. Although it may be difficult to discuss mistreatment with a loved one, try to maintain an open dialogue and give them the chance to confide in you if necessary. No one should have to worry about safety in a care facility, so do your part in protecting the potentially vulnerable loved ones in your life.

Categories
Fatal Motor Vehicle Accidents

How safe are highway work zones?

Tennessee drivers have been educated in a variety of road hazards. You know to slow down approaching a blind turn and when traveling through intersections. You know a good rainstorm coupled with driving too fast may cause you to lose control of your car. You know it is dangerous to drink and drive. Another hazard you should be aware of is work zones.

With lane closures, detours and moving equipment to keep track of, it is easy to understand why drivers get confused, despite the use of traffic cones and signs to direct approaching drivers. According to the U.S. Dept. of Transportation, there were nearly 100,000 work zone accidents throughout the nation in 2015, which break down as follows:

  • 642 crashes resulting in one or more deaths, which equates to an annual average of 12 fatalities each week.
  • 25,485 accidents with injuries to one or more people, which on average, means there are 70 crashes each day that result in injuries.
  • 70,499 crashes with only property damage. An overall average of accidents that occur equals a work zone crash about every 5 minutes.

The majority of work-zone accidents occur during warmer months, which is not surprising as weather prevents road construction in many states during the winter season. It is interesting to split the data down into more specific categories as well.

In 2014, fatal crashes in work zones numbered 607. Of that number of accidents:

  • There were 669 fatalities
  • Speeding played a role in 172 accidents
  • Alcohol was involved in 132
  • Daytime crashes accounted for 65 percent of the total
  • More fatal accidents occurred on Tuesdays, Wednesdays and Thursdays

Also, 23 percent of these accidents occurred on urban-area highways and another 20 percent on arterials in urban areas. More than 40 percent of the crashes were noted as rear-end collisions.

The best action you can take when approaching a work zone is to slow down and obey watch for signs, flagmen and cones that are there to help you get through the zone safety. Drive the posted speed limit, which should give you plenty of time to react to detours, lane changes and perhaps other drivers who are not as cautious.

This article contains general information. It is not intended as legal advice.