Just as parents often lament how quickly time has passed when they witness their grown children raising children of their own, it may seem like just yesterday that you were a child, playing ball with your dad in the backyard or taking a family vacation to the beach. Fast forward to the moment when you realized your mother or father was no longer able to live independently; it was probably an emotionally difficult time for you and your family.
What if something does not seem right?
Even though you may have been fairly confident that you and your family had chosen a good nursing home facility, since you've been going to visit your parent there, you may have noticed a few things that are causing you concern. Sadly, nursing home abuse is prevalent in many areas these days, so it's crucial to remain alert and observant to help ensure your parent's safety and well-being. If any of the following signs are present in your parent's day-to-day life, you may want to further investigate the situation:
In addition to these concerning factors, if your parent seems irritable, withdrawn or afraid, you may have a case of nursing home abuse on your hands. It's tragic when innocent, helpless victims fall prey to danger or harm at the very hands of their caretakers. Although it may be difficult to look past your sorrow and anger in such circumstances, there are steps you can take to seek justice on behalf of your loved one.
You can access outside support
Many New York residents tap into resources in their communities to help them get to the bottom of possible nursing home abuse situations. An experienced personal injury attorney is a great asset to have to help investigate your suspicions and pursue legal accountability, if warranted.
]]>Missing a diagnosis completely or failing to properly diagnose a medical condition, especially cancer, could be detrimental for a patient. It could lead to serious complications, allow for a progression of the illness and delay needed medical treatment. If you believe that you are a victim of a missed or incorrect cancer diagnosis, you could have the right to seek a legal remedy for your pain and suffering.
The dangers of missing a diagnosis
Missing a cancer diagnosis is a serious medical mistake. It could mean that you do not get the care you need in an appropriate amount of time, which could mean that you suffer permanent or even fatal consequences. Here is what you need to know about a failure to diagnose properly:
Whether you suffered because you did not get the diagnosis you needed or you received treatment that was not actually appropriate for your true condition, you have the right to take action and pursue rightful compensation.
Medical malpractice claims are not easy to prove, but with experienced support and guidance, you may be able to build a strong claim and secure the restitution you deserve after suffering from a type of medical negligence and malpractice.
The steps to your recovery
Medical mistakes can have serious, often permanent, consequences. Victims may feel overwhelmed by what they experienced, unsure of the person at fault and if there is any way to hold liable parties accountable. If you are unsure, you have the right to know.
Through medical bills, documentation, reviews from other doctors and more, it is possible to build a strong medical malpractice claim that allows you to pursue the full and fair financial and physical recovery you deserve.
]]>While some dog attacks are minor inconveniences, some animal attacks can leave mental and physical scars. Larger breed dogs are strong enough to endanger the life of the attacked person. Significant costs related to surgeries, physical therapy and trauma counseling may be part of the recovery. In the case of dog attacks, dog owners are generally at fault for the injuries caused.
Here are two of the common questions people have about dog attacks:
The information below may provide you with the answers you seek.
What compensation can I expect to receive if another person's dog attacks me?
If a dog attacks you, you can expect to receive compensation for any medical costs you incur. The medical costs will often include emergency room or physician's services, surgery, medical supplies and physical therapy. If your injury causes you to miss work, your lost wages may be part of any award. Any other damages that result because of the dog bite will likely be on the owner of the dog.
Awards to victims may also include payments for pain and suffering. This will depend of the severity of the dog bite injury, the length of your recovery, and the extent of your mental trauma. There is no set amount for pain and suffering awards, and courts decide these on a case-by-case basis.
Is taking legal action a good option for me?
You will want to weigh your options when considering legal action for a dog bite case. Are your injuries severe enough to warrant treatment? Most homeowner's insurance covers dog owners for this type of incident. Any judgment in your favor may come from the owner's insurance. A dog owner with no assets and no insurance will be unlikely to pay the costs associated with your injuries. If you think you may not want to sue, you should weigh the decision carefully because these types of lawsuits often have a statute of limitations. If you choose not to sue now, and have effects from the bite a year or two later, it may be too late.
]]>Luckily, you can take proactive steps to potentially reduce your likelihood of involvement in a serious, injury-causing accident. By remaining defensive on the road, you may give yourself an advantage against possible hazards.
Planning
Whether you need to take a quick trip down the road or intend to take a long-distance drive, planning ahead could work in your favor. One of the first steps of your planning may involve the weather. Because even a light rain can considerably affect road conditions, knowing what you could get into weather-wise may help you determine whether you need to leave a few minutes earlier or take an alternate route to your destination.
Similarly, checking traffic from available sources could help you plan your travel timeline. By allowing yourself enough time to accommodate for unexpected traffic and other issues, you may feel less harried and anxious, which could prevent unnecessary rushing and driving mistakes.
Scanning
After getting out on the road, a multitude of unexpected factors could affect your travels. For example, an animal could run into the road, or another driver may make a sudden maneuver. In order to prepare yourself for such occurrences as best as possible, you may want to remain vigilant about scanning your surroundings. By taking a moment to glance into your mirrors, check your speed and looking at the roadway ahead, you may have the ability to catch a potentially hazardous situation before it unfolds.
Focusing
Distracted drivers can often cause serious problems on the road, and therefore, you may want to do your part to stay focused. Though it can prove difficult to refrain from checking your phone, eating or changing your music, all of these actions and many others can quickly distract you from the task of driving. More quickly than you realize, you could potentially forget to scan your surroundings and find yourself involved in an accident.
Of course, even if you take the time to remain a defensive driver, you cannot always plan for and avoid less conscientious travelers. If another driver caused an accident that resulted in your suffering serious injuries, you may wish to determine whether filing a personal injury claim in order to seek compensation could be right for your circumstances.
]]>Sometimes, complications are not preventable. But what about the ones that are? What about the things that happen during surgery that should never occur, but do anyway?
"Never events"
A mistake during surgery that medical professionals universally agree should never happen is called a "never event." These incidents include any surgical error that is totally preventable. However, despite the fact that these events should never happen, researchers estimate that every week, surgeons do the following:
Frighteningly, these researchers found that at least 80,000 such never events occurred in the 20-year study period between 1990 and 2010, resulting in:
Researchers also believe that, on average, these surgical errors still occur 4,044 times every year, and that's a low estimate!
Am I at risk?
While any patient could potentially suffer one of these never events at the hand of an improperly trained or unskilled surgeon, the study determined that:
Of the surgeons who made these mistakes during surgery, 62 percent were named in more than one other report of medical malpractice, and over 12 percent were cited in other never events during surgery.
Are never events avoidable?
Many medical centers already have safety procedures in place to prevent these types of errors. These procedures include things like obligatory timeouts immediately before surgery begins for operating staff to double-check surgical plans and medical records. Another suggestion is for staff to use indelible ink to mark the surgical site before they anesthetize the patient. Additionally, while the system isn't foolproof, attending operating staff should always count surgical items, towels and sponges both before and after surgery.
Experts also feel that better reporting systems to track such errors may help increase safety efforts and accountability. If this information were publicized and easily available, not only might hospitals and surgeons be more responsible, but prospective patients could make a more informed decision about where they wished to undergo their surgeries.
What to do when "Never" happened to you
If you or someone you love suffered an injury due to a surgical error, you are likely feeling scared and confused. You may now find yourself suffering additional pain, a different or worsened medical condition than before you underwent surgery, or possibly even struggling with life-threatening injuries or risk of death. You may also be facing further medical expenses as a direct result of someone else's negligence or mistakes.
A New York attorney with experience in medical malpractice will be familiar with all of the confusing and overwhelming details involved in various types of surgical error cases. A lawyer in the Staten Island area will be able to quickly and carefully investigate your situation and provide invaluable guidance as to how to proceed in your fight for justice and possible compensation.
]]>When this happens, your loved one can end up suffering injuries or experience the worsening of his or her condition. Fortunately, you do not have to stand by and do nothing. You have the right to seek justice through the New York civil court system when a nursing home abuses your loved one.
What are a nursing resident's rights?
A nursing home resident has the right to be free from abuse, including mental, physical, verbal and sexual abuse. Residents also legally cannot undergo any chemical or physical restraint imposed for the purposes of convenience or discipline. Nursing homes should only permit restraints for treating medical conditions as needed and only if a physician orders in writing for this to take place. In such a situation, a restraint can help with ensuring the safety of a particular resident as well as other residents.
What exactly is nursing home neglect and abuse?
Neglect in a nursing home is essentially the failure to provide a resident with the services required for remaining safe and healthy. These services include medical care, supervision, clothing, food and shelter. If these failures happen to be due to carelessness, neglect has likely occurred. Meanwhile, these failures are abuse if they are intentional.
What are my options?
In New York, if you feel that a nursing home has abused your loved one, you can report your allegations. An ensuing investigation will typically involve interviews with your loved one as well as with you and other family members. Nursing home management and staff will also likely undergo interviews.
If investigators find your complaint to be legit, your loved one will receive services from adult protective services in an effort to fix the problem. However, if you still feel that those involved did not properly compensate your loved one for the indignity or injuries suffered in the nursing home, an attorney in New York can help you to file a civil claim against the facility, seeking the reimbursement of damages.
]]>The frightening part is that, not only is drowsy driving rather common, but it is far deadlier than you may realize. Being very tired decreases your awareness when you're trying to drive, slowing your reaction time, and impairing your judgment in much the same way as alcohol or drugs. In fact, if you stay awake for 24 hours, it is the equivalent of consuming six alcoholic beverages.
Statistics don't lie
A poll by the National Sleep Foundation found that sleep-related crashes are more common among young males between the ages of 18 and 29. Men are also about 10 percent more likely than women to drive while drowsy and to fall asleep while driving. Perhaps unsurprisingly for anyone who knows how exhausting kids can be, parents with children at home are about 15 percent more likely to drive drowsy.
According to the AAA study, sleep deprivation increases the risk of a sleep-related crash. People who sleep fewer than five hours per night are up to five times as likely to have a car accident as those who sleep more than eight hours, and people who sleep six to seven hours per night are twice as likely.
Tips to avoid drowsy driving
While you cannot do much to make sure other drivers are alert, there are a few things you can do to combat your own risk for drowsiness behind the wheel:
Are there any warning signs?
There are a few obvious indications that drivers can watch out for, though some are more obvious than others. These include:
But I was wide awake and driving defensively!
Unfortunately, no matter how alert you are, that doesn't necessarily mean the other driver isn't dozing off behind the wheel. With a conservative estimate of 100,000 police-reported crashes every year that are the direct result of drowsy driving, this could mean trouble for you and your passengers. Car accidents resulting from driver fatigue can mean severe injury or even death. A Staten Island attorney with experience in a variety of car crash cases can offer legal counsel on pursuing the compensation you need and the justice you deserve.
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