March, 2019 - WNW Legal

Congress Investigates Solutions for Nursing Home Abuse

March 25, 2019/in Personal Injury /by damg

In Mississippi and other parts of the United States, nursing home neglect is a common occurrence. Two women recently reported instances of abuse toward their elderly mothers. After reading their report, the United States Senate Committee on Finance decided to hold an official hearing about nursing home neglect. Legislators were angered over the reports about nursing home abuse occurring in facilities across the country. Many of these situations could have been prevented.

One woman told officials about her dehydrated mother who was in constant pain. She said that her mother had probably been experiencing nursing home abuse for a long time. Nursing home residents are defenseless when faced with instances involving physical abuse or neglect. Many nursing homes exist under dangerous and unsanitary conditions; nursing homes are often filled with caregivers who demonstrate no compassion for elderly individuals. One woman’s frail mother was immobile and had experienced dementia for several years. The daughter received a phone call informing her that her elderly mother had been molested by a caregiver.

Many rural nursing homes do not receive Medicaid reimbursement. These nursing homes are forced to shut down because they do not have the money to continue their services. In addition, numerous nursing homes experience a shortage of caregivers. Dr. David Gifford, an advocate for nursing home reform, suggests that nursing homes join a national bank for practitioners. The data bank could identify potential staff members who already have criminal backgrounds in other states.

Nursing homes are expected to provide a reasonable standard of care. A person who suspects that their loved one is experiencing nursing home neglect may wish to contact a personal injury attorney. An experienced lawyer may help a victim’s family to file a lawsuit against the nursing home.

How to Document Suspected Nursing Home Abuse

March 19, 2019/in Personal Injury /by damg

Nursing homes and elder care facilities play an important role in society. After all, the staff at these places steps in to meet the needs of elderly patients. Regardless of how much research you do when choosing a nursing home for your aging mother or father, though, you may not be able to avoid some level of nursing home abuse.

Unfortunately, nursing home neglect and elder abuse are not uncommon. In fact, roughly 10 percent of Americans over the age of 60 have experienced some type of elder abuse. Even worse, most cases go unreported. If you have a loved one living in a nursing home, you must watch carefully for signs of nursing home abuse. You must also diligently document your findings.

Recruit a team

The first step in documenting any incident is to gather some facts. That said, you likely cannot assemble all information by yourself. As such, ask friends and family members to help you watch for elder abuse.

Start a journal

You should catalog specific evidence of abuse in a written memorandum. A good way to do this is to start a journal. Every time you see evidence of neglect or mistreatment, record it in writing. Do not forget to memorialize the date of the incident, the staff involved and all other relevant information.

Snap some photographs

Your smartphone camera can be an invaluable tool in documenting nursing home abuse. If you notice bed sores, hygiene issues or other problems, take some photographs. Before you do, though, enable your phone’s time stamp feature to better document the abuse.

Keep copies of pertinent records

If you file a formal complaint with the nursing home or state regulatory agency, keep comprehensive copies of everything in your filing. Also, request medical and financial records from the nursing home to add to your file.

Finding a nursing home for your elderly parents is only part of the equation. You also must ensure they receive excellent care in their golden years. By documenting all evidence of neglect and abuse, you better equip yourself to advocate for your elderly parents and stop the mistreatment.

Nursing Home Fines down Under Trump Administration

March 18, 2019/in Personal Injury /by damg

Under the Trump administration, nursing homes in Mississippi and across the U.S. receive lower fines for committing violations that endanger or injure residents than they did under the Obama administration. The fine reduction is the result of the Trump administration bending to nursing home industry pressure to change the way fines are assessed.

According to federal records, the average nursing home fine is $28,405 under the Trump administration. In comparison, the average fine for nursing homes was $41,260 in 2016, which was the last year of the Obama administration. The reason for the decrease is because nursing homes are now issued a single fine for around two-thirds of all infractions. However, under the Obama administration, nursing homes were slapped with a fine for each day they were in violation of a regulation. The fines were designed to crack down on health services violations and encourage compliance. Now that the fine structure has been changed, health care experts fear that nursing homes will have less incentive to ensure that residents receive quality care and are kept safe.

In addition to changing the way fines are assessed, the Trump administration also placed an 18-month enforcement moratorium on eight new rules regarding the health and safety of residents. Further, it revoked an Obama administration regulation that banned nursing homes from forcing residents to settle disputes via arbitration instead of going to court. The moves are consistent with the Trump administration’s reputation for introducing regulations that are friendly to the health care industry.

Families who suspect their loved one is suffering from nursing home neglect could turn to a personal injury attorney for help. The attorney could investigate the case and determine if a reasonable standard of care is being met. If not, it may be advisable to file a lawsuit seeking compensation.

Daylight Saving Time Can Increase Drowsiness in Drivers

March 12, 2019/in Personal Injury /by damg

Losing an hour of sleep to daylight saving time can have serious consequences for drivers in Mississippi and across the US. First of all, it is recommended that all drives sleep for at least seven hours each night. The AAA Foundation for Traffic Safety claims that missing even one or two hours of sleep in a 24-hour period can nearly double an individual’s risk for getting in a car crash.

The National Sleep Foundation has reported frequently on how poor sleep affects health and has said that drivers are "unfit to operate a motor vehicle" if they get less than two hours of sleep in a 24-hour period. AAA goes further, however, saying that sleeping for even five hours within the same period will make drivers’ crash risk comparable to that of drunk drivers. Their level of impairment will also be similar to those of a drunk driver.

Ninety-five percent of respondents to a recent AAA survey said that drowsy driving is unacceptable and unsafe behavior. However, 3 in 10 of respondents to the same survey admitted that they had driven at least one time in the past month in a condition where they found it hard to keep their eyes open. Warning signs of drowsiness include not only drooping eyelids but also trouble staying in one’s lane and difficulty remembering the last few miles traveled.

Drowsy driving is underreported, and accident investigations cannot necessarily prove its existence. However, there are usually clear signs of driver negligence on one side or the other. Accident victims who are eligible for damages under this state’s pure comparative negligence law may want their case evaluated by a lawyer. An attorney may hire third-party investigators to gather proof of negligence, such as the police report and any physical evidence at the crash site. A lawyer may then negotiate for a settlement.

Truck Safety Advocates Push for Speed Limiters, Automatic Braking

March 4, 2019/in Personal Injury /by damg

Federal studies have shown that speed limiters and automatic emergency braking (AEB) systems significantly reduce large truck accidents in Mississippi and around the country. Despite this, Congress has failed to pass legislation requiring the use of the technologies. As a result, truck safety advocates are pushing President Donald Trump to step in and get the job done.

Several truck safety groups have been trying to get laws requiring the use of speed limiters and AEB systems passed since 2006. However, since that time, the organizations have become increasingly frustrated as both Democratic and Republican administrations have failed to move such legislation forward. The lack of action comes despite a study by the Federal Motor Carrier Safety Administration showing that speed limiters can significantly decrease the chances of a truck accident. Meanwhile, other studies show that around 2,500 truck accidents could be prevented by AEB systems every year.

In an effort to get the new rules passed, Road Safe America and the Truck Safety Coalition are asking President Trump to intervene and tell the U.S. Department of Transportation to implement the regulations. However, trucking industry groups such as the Owner-Operator Independent Drivers Association and the American Trucking Associations are reluctant to support the use of speed limiters unless passenger vehicles are also required to slow down. The groups insist that optimum road safety can only be achieved when all vehicles drive at the same speed.

Truck accidents can be caused by a number of factors, including excessive speed. People who have been injured as a result of truck driver negligence might want to have their attorney seek compensation through a settlement with the carrier’s insurance company.