Attorney Blog

Two men killed in Prince George's County auto accident

sharonc@ix.netcom.com (Blog Author)26066 — Tue, 02 Feb 2010 08:00:00 EST

On February 1 at 10:45 pm, Roy Lacayo of Washington, DC and Justo Rosario, Jr. of Hyattsville, Maryland were involved in a minor "fender bender" accident in Adelphi. They did the right thing - pulled over to the side of the road to exchange insurance information. An unidentified woman driving another car did not do the right thing. In fact, she did the deadly thing by hitting both vehicles and drivers as she drove along the same road. Both men were killed. What makes it worse is that police believe she may have been drunk.
Both men's families may look into a lawsuit agaist the driver who hit them. These are called "wrongful death" cases. In Maryland a wrongful death case can include a claim for the estate of the person who died and a claim for certain survivors, such as a spouse, children or surviving parents. Also, there are special rules that apply to the calculation of damages in these claims. Two families have been devastated and two lives ruined because of a bad decision by the driver of the other car.

St. Joseph's patients got heart stents they did not need

sharonc@ix.netcom.com (Blog Author)25136 — Sat, 16 Jan 2010 08:00:00 EST

The federal government started investigating St. Joseph's Medical Center in Towson last year. Now we know why. Hundreds of heart patients that had cardiac stents placed by Dr. Mark Midei have been notified by the hospital that these stents may not have been necessary. So far, 369 patients have received this notice. Some of these patients had minimal or insignificant blockages in their arteries but got a stent anyhow. Cardiac stents are used to open a partially blocked artery around the heart to prevent a heart attack. Blockages should be 70% or more before the stent is placed. But some patients at St. Joseph's who were given stents only had 10% blockages. Dr. Midei left his practice at St. Joseph's last summer. There is no current practice address listed for him on the Maryland Board of Physicians website.

When the CEO of St. Joseph's, Jeffrey Norman, was asked by a reporter if the hospital bears any responsibility he responded, "I suppose we do." Suppose? Legally there are many potential claims against St. Joseph's and Dr. Midei, including negligence, assault, battery, fraud and lack of informed consent. Patients have a right to be fully informed about their medical condition and any treatment that is necessary. Doctors take an oath to "do no harm". So, it is almost unthinkable that a doctor would subject a patient to unnecessary surgery. And yet, that is apparently what has happened. These patients cannot be restored to the condition they were in before the stents were placed. But they can hope for some measure of justice through our legal system.

Assisted Living Facility Resident Attacked and Killed by Another Resident

sharonc@ix.netcom.com (Blog Author)17733 — Mon, 31 Aug 2009 08:00:00 EST

It is a shocking headline - one elderly person attacks and kills another elderly person in a health care facility. How can this happen? Is it an isolated event? Recent news stories, and my own experience in my law practice, show that this is NOT an isolated event. It happened recently in Howard County, Maryland. A resident of an Assisted Living Facility, 87 year old Earl Wilder, who suffered from Alzheimer's and was a former boxer, attacked 91 year old James Brown, punching him in the face. Mr. Brown died several days later from his injuries. In my law practice, I represent a former nursing home resident who was viciously attacked by another patient. Fortunately, my client survived. Experts predict that these incidents will only continue to grow as baby boomers age. Nursing homes and assisted living facilities must take steps to protect their residents from these attacks. This will mean more staff and better staff training to recognize subtle signs of aggression and intervene before it is too late.

Woman with Cancer Denied Social Security Disability

sharonc@ix.netcom.com (Blog Author)15742 — Thu, 23 Jul 2009 08:00:00 EST

A woman is Arizona is so frustrated by the Social Security disability process that she has put a plea to President Obama on You Tube. Gayle Debilbiss of Tuscon, Arizona suffers from several medical conditions and was recently diagnosed with Stage 3-4 non-Hodgkin's lymphoma. She has applied for Social Security disability and been denied - twice. In this video she expresses the frustrations of so many of my clients. Having worked hard all of her life she now needs some help -- but cannot get it. I would tell her what I tell all of my clients: DON"T GIVE UP! The standard for Social Security disability is much higher than most people think. You must be unable to do any type of work on a full time basis for a year or more. But, the standard is not impossible to meet. Ms. Debilibiss should hire an experienced Social Security disability lawyer who will build her case file and get specific information from her doctors about the limitations she suffers from her medical conditions. Medical evidence is the key to getting benefits.

9 Year Old Boy Severely Burned by a Coleman Heater

sharonc@ix.netcom.com (Blog Author)12311 — Thu, 21 May 2009 08:00:00 EST

An Appeals Court in California will soon decide whether key documents will be released in a case involving a child who was severely burned by an allegedly defective Coleman heater. The lawsuit alleges that the company knew the propane heater was faulty because it had received previous complaints and warranty claims about fires. The child's lawyers at Bisnar Chase claim that “In spite of this knowledge, Coleman still manufactured and sold the propane heater, putting profits ahead of people.” The lawyers have asked for these documents because they may show that Coleman knowingly violated a California statute. According to John Bisnar, "This appears to be a case of a manufacturer using a faulty design, sub-par critical parts and inadequate quality control leading to the catastrophic injury [of the child]."
This case illustrates the difficulties that plaintiffs' lawyers face when pursuing a major corporation. Although the trial judge ruled that the documents should be turned over to the plaintiffs, Coleman appealed that ruling and has not turned over the documents, even though the trial is to begin in June.

Suspect in Car Crash that killed McDaniel Student is Brought to Maryland

sharonc@ix.netcom.com (Blog Author)11528 — Sun, 03 May 2009 08:00:00 EST

In February I wrote about a terrible accident in Westminster, Maryland that killed Thomas Rouleau. a 19 year old McDaniel College student and wounded four other students. The driver who hit the students fled the scene. I am happy to see a report in the Baltimore Sun today that the suspect has been extradited to Maryland from New York. The suspect is a Reisterstown resident who was arrested in New York on other charges not related to this accident. The suspect, Shawron Bibbs, has been charged with negligent manslaughter and theft of a car. Apparently he was driving a stolen car at the time of this accident. Now he will have to answer for the tragedy that he caused.

Lupus Linked to Some Birth Control Pills

sharonc@ix.netcom.com (Blog Author)11082 — Sun, 19 Apr 2009 08:00:00 EST

A recent news article reports on a study from McGill University in Montreal showing a link between lupus and certain types of birth control pills. Susceptible women were found to be 1.5 - 2.5 times more likely to develop lupus thatnwomen who had not used the pills. Further study of this link is certainly needed. Lupus is a condition that I frequently see in my Social Security Disability cases. The severity of symptoms varies from patient to patient. However, when it is disabling the most prominent symptoms that I see are extreme fatigue and joint pain. If you suffer from lupus and the condition keeps you from working you may qualify for Social Security Disability benefits. For more information about Social Security Disability Claims, order a copy of my book, Unofficial Guide to Social Security Disability Claims, from my website, www.sharonchristielaw.com

What Your Long Term Disability Insurer Doesn't Want You to Know

sharonc@ix.netcom.com (Blog Author)10981 — Wed, 15 Apr 2009 08:00:00 EST

If you pay for a long term disability policy, or receive it as an employee benefit, and you pay Social Security taxes I bet you think that if you become disabled you can collect both private disability plus Social Security disability, right? Well, in most cases you are WRONG! What most people do not know is that long term disability insurers can make you apply for Social Security disability and, if you get it, reduce their payment to you by whatever amount Social Security pays you. Is this fair? Of course not. You have paid premiums for the private policy and taxes for the Social Security benefit. I was pleased to see that the state of Connecticut is trying to do something about this injustice. Connecticut State Senator Edith Prague and Attorney General Richard Blumenthal have joined forces to support legislation that would correct this problem. According to Senator Prague, “This legislation amounts to a simpl[e] act of fairness because residents routinely pay into both programs through insurance premiums and payroll deductions and should receive benefits from both programs if and when needed.” I couldn't agree more. Many of my disability clients have been sadly surprised to learn that they cannot collect the full amount of disability payments they paid for in addition to their Social Security disability. It would be great if the State of Maryland followed Connecticut's example.

How to Choose a Lawyer for Your Social Security Disability Case

sharonc@ix.netcom.com (Blog Author)10945 — Tue, 14 Apr 2009 08:00:00 EST

Choosing a lawyer to represent you in a Social Security disability case is one of the most important decisions you will make. you will work closely with your lawyer and you must choose her carefully. I wrote this article to help you find the best lawyer for your case.

Traumatic Brain Injury and Social Security Disability

sharonc@ix.netcom.com (Blog Author)10944 — Tue, 14 Apr 2009 08:00:00 EST

I just added an article to my website library on Traumatic Brain Injury and Social Security Disability. If you have a traumatic brain injury and want to know if you can get Social Security disability, check it out!

Assaults on Nursing Home Residents

sharonc@ix.netcom.com (Blog Author)10943 — Tue, 14 Apr 2009 08:00:00 EST

I read an article in the Chicago Tribune about a deadly assault on a nursing home resident, resulting in death. This is a shocking development but I am seeing more cases in my own law practice involving assaults on nursing home residents. These are not cases of assault by the nursing home staff. These are cases of assault by OTHER RESIDENTS. Nursing home residents have a right to be safe in the nursing home. If other residents have violent tendencies and/or medical or psychological problems that cause them to physically lash out at others, the nursing home has a responsibiltiy to protect the other residents from acts of violence. Failure to do so may be the basis for a neglect or abuse claim against the nursing home.

Bush Administration's Secret Rule Hurts Nursing Home Abuse Victims

sharonc@ix.netcom.com (Blog Author)9392 — Tue, 24 Feb 2009 08:00:00 EST

The Bush Administration put a rule in place that designates state nursing home inspectors and Medicare and Medicaid contractors as "federal employees" according to an article in The Washington Post. The public was not informed of this change and was not given any opportunity to comment or protest this change. You may ask: What's the big deal about that? Here is the big deal: this designation means that state nursing home inspectors do not have to provide evidence relating to nursing home inspections in civil litigation. The information in those inspections can be crucial in holding nursing homes accountable for negligent or abusive injuries to patients. The effect is already being felt in civil cases across the country. Routine requests for information in negligence and abuse cases are now tied up in bureaucratic red tape, to the detriment of the victims. I see victims of nursing home abuse and neglect every day in my law practice. The information from state inspectors is vital to investigations of these claims and should be a matter of public record. There is no justification for keeping it secret.

Economic Stimulus for Processing Social Security Disability Claims

sharonc@ix.netcom.com (Blog Author)9103 — Fri, 13 Feb 2009 08:00:00 EST

Is there finally some hope that the terrible backlog of Social Security disability cases will be dealt with? According to a report on the stimulus package just passed by Congress $500 million is designated for "processing disability and retirement workloads". I don't know how much relief this will bring to the hundreds of thousands of disabled people who are waiting for a decision on their disability claims. I certainly hope that the processing of these claims becomes a top priority. Every day in my law practice I deal with clients who are living in fear of losing their homes or being evicted because they cannot work and have no income. And then I have to tell them that it may take 2 years for their disability case to be resolved because of the nationwide backlog of 700,000+ cases. It is terribly frightening for my clients. They deseve better. Let's hope that help is on the way.

McDaniel College student killed in car accident in Westminster, Maryland

sharonc@ix.netcom.com (Blog Author)9064 — Thu, 12 Feb 2009 08:00:00 EST

A tragic car accident happened on February 6, 2009 in Westminster, Maryland. 19 year old Thomas Rouleau died when someone driving a pickup truck slammed into the car in which Rouleau was riding and then left the scene. Rouleau was riding with four other McDaniel college students at the time of the accident. The other passengers in the car were treated for minor injuries. According to news reports the driver of the pickup truck had just been involved in a minor collision while leaving a parking space in downtown Westminster. After crashing into Rouleau's car the truck driver fled the scene. It is unthinkable to me that anyone could do such a thing and not stop to see if the passengers were hurt. There was a witness and I hope that person was able to get license plate or other identifying information about the pickup truck driver. And then I hope that the driver is held responsible for the unspeakable grief he or she has caused the Rouleau family and the students and faculty at McDaniel College. Driving is a privilege, not a right. Anyone who abuses that privilege and causes the death of another person should receive a severe penalty.

Fibromyalgia and Social Security Disability Benefits

sharonc@ix.netcom.com (Blog Author)8841 — Fri, 06 Feb 2009 08:00:00 EST

I have represented many clients with fibromyalgia in Social Security disability cases. The first question they usually ask me is whether someone can "get benefits for fibromyalgia". The answer is YES, but getting Social Security disability benefits does not depend on your diagnosis. Evidence of the diagnosis is just the first step. The key to getting disabiltiy benefits is submitting evidence of the limitations that you have because of the fibromyalgia. For example, fibromyalgia can cause debilitating pain that prevents you from being able to walk long distances, sit for an extended period or take care of your house. Medical evidence documenting the frequency and severity of your pain will support the claim for benefits. Therefore it is very important that you thoroughly describe your symptoms and the effect on your day-to-day activities to your doctor. For more information about Social Security disability claims visit my website at www.SharonChristieLaw.com.

Man Needs a Heart Transplant - Finally gets Social Security Disability Benefits

sharonc@ix.netcom.com (Blog Author)8795 — Thu, 05 Feb 2009 08:00:00 EST

It is not easy to get Social Security disability benefits. Anyone who has tried or, like me, represents clients who need the benefits knows this is true. But the situation described in a recent newspaper article is ridiculous. A 24 year old South Carolina man suffers from a severe and life threatening heart condition. According to his doctor, his heart only works at only 30% capacity. As a former nurse, I can tell you that this is debilitating and certainly not compatible with being able to work. But that is not what Social Security said! Socail Security denied his disability claim because he was "fit to work". As a result, he could not get health insurance and, therefore, could not get on the list for a heart transplant -- which he needs. After his story appeared in a local newspaper his disability claim was approved -- the same day. This shows the lengths that you must go to prove your claim. Fortunately, this young man and his family did not give up. That is the advice I give my disability clients. The process is long and frustrating, but don't give up. For more information about Social Security disability go to my website, www.SharonChristieLaw.com.

Good News About Teen Drivers in Baltimore

sharonc@ix.netcom.com (Blog Author)7955 — Thu, 08 Jan 2009 08:00:00 EST

Newly released statistics show a drop in deadly car accidents involving teenagers in the Baltimore area. From 2003 - 2007, the number of deadly accidents dropped from 62 per year to 21 per year, while the number of car accidents involving injuries dropped from more than 4,000 per year to just over 1,900 per year. While the loss of life is still too high these numbers show a dramatic improvement. Experts say that the reduction is due to changes in the licensing procedures for young drivers. Young drivers now go through a graduated entry into unrestricted driving privileges. I applaud these changes. In my law practice I see the devastation caused by fatal car accidents, particularly those involving the loss of a teenager. Any steps that will prevent even one family from dealing with that horror are worthwhile in my opinion.

Limits on Damages in Lawsuits Against Nursing Homes

sharonc@ix.netcom.com (Blog Author)7925 — Wed, 07 Jan 2009 08:00:00 EST

I read an article recently about attempts to limit damages in lawsuits against nursing homes in Tennessee. Maryland has had these limits in all personal injury cases for many years. The nursing home industry argues that these limits are necessary because the cost of defending "frivolous" lawsuits takes away resources that would otherwise go to patient care. Who are they kidding? One problem with this argument is that the nursing home industry defines all lawsuits as "frivolous", even when patients have suffered terrible injuries or death due to neglect. In my experience representing patients who have been injured by substandard care in nursing homes, the nursing home industry will readily pay tens of thousands of dollars to defend cases where their negligence is clear and, in the end, pay significant amounts in a settlement or verdict. That just does not make sense. Wouldn't that money be better spent on hiring more staff to care for the patients and training the staff already there?

Another problem with the industry's argument is that the facts do not support it. Take Maryland as an example. We have had limits on damages in injury cases for over 2 decades. Has this improved the care in nursing homes? Looking at the Medicare Nursing Home Compare website you would have to say NO. There are a significant number of nursing homes in Maryland rated "below average" and "much below average", especially the corporate homes such as Manor Care and Future Care. Apparently the savings from limited damages are not being spent to improve patient care. For more information on nursing home lawsuits visit my website.

Virginia Personal Injury Lawyer Writes Two Books You Must Read

sharonc@ix.netcom.com (Blog Author)7696 — Wed, 31 Dec 2008 08:00:00 EST

My friend, Jim Parrish, is a personal injury lawyer in Manassas, Virginia. He has written two books that you must read if you have suffered injuries from a car accident or dog bite in Virginia. The Virginia Car Accident Guide and The Virginia Dob Bite Book tell you everything you need to know before you talk to an insurance company or hire a lawyer. Jim used to defend insurance companies in these types of claims so he knows the tricks that insurers will use to deny your claim or minimize your compensation. If you have been injured in Virginia from an accident or from a dog bite get Jim's book today.

Nursing home resident found dead outside of the nursing home

sharonc@ix.netcom.com (Blog Author)7681 — Tue, 30 Dec 2008 08:00:00 EST

The Baltimore Examiner carried a story today about a nursing home resident in Missouri who was found dead in her wheelchair outside of the facility on Christmas Eve. According to the authorities the woman'd death will be classified as "unnatural" and "weather related". Her family said that she did not suffer from dementia and would need help to get in her wheelchair and outside of the facility. The nursing home, Northgate Park, has a 1 star overall rating (out of 5) by Medicare. It is impossible to understand how this could happen to a patient who was so vulnerable and in need of assistance and supervision. It also emphasizes the importance of gathering as much information as possible about any nursing home that you or someone in your family may need to use. A great place to start is the Medicare website, Nursing Home Compare. I see problems like this frequently in my Nursing Home Abuse practice. If you think that a loved one has suffered from negligence or abuse in a nursing home call me for a free consultation.

Maryland Manor Care Nursing Homes Rate Poorly in Medicare 5 Star Rating System

sharonc@ix.netcom.com (Blog Author)7397 — Thu, 18 Dec 2008 08:00:00 EST

Medicare today unveiled its 5 star rating system for nursing homes. 1 star means much below average. 2 stars means below average. 3 stars means average. 4 stars means above average. 5 stars means much above average. The overall star rating considers health inspections, staffing and quality measures. What does this mean for the consumer? It is a good thing because it will be easier to evaluate and compare nursing homes. For example, HCR Manor Care is a for-profit organization based in Ohio. It owns and operates nursing homes throughout the country. Twelve are in Maryland. Ten of those twelve nursing homes are rated below average or much below average. Medicare considers one home, Manor Care Rossville, a special focus facility. This means that the facility has a persisitent history of poor quality care and is subject to more frequent inspections and monitoring. This is vital information that you must have if a loved one needs care in a nursing home. Too often, families become aware of deficiencies in care only after a loved one has been injured. I see this often in my law practice. I am glad that families now have a helpful way to get needed information about the quality of care in nursing homes.

Social Security Disability and Bipolar disorder

sharonc@ix.netcom.com (Blog Author)7204 — Thu, 11 Dec 2008 08:00:00 EST

I work with many clients who are unable to work because of Bipolar Disorder. The terrible mood swings that result from Bipolar Disorder interfere with all aspects of my clients' lives, including the ability to hold down a job, the ability to maintain a relationship with a spouse and the ability to maintain a household. This disease is not limited to any specific age group, gender or economic status. In fact, Margaret Trudeau, former wife of the late Canadian Prime Minister Pierre Trudeau, has written a book about her own struggle with the disease. If you know someone who struggles with Bipolar Disorder, is unable to work because of it and is trying to get Social Security disability benefits, the Law Office of Sharon A. Christie can help. Give us a call at 410-823-8200.

Canadian lawyer Ches Crosbie's auto accident book

sharonc@ix.netcom.com (Blog Author)7106 — Mon, 08 Dec 2008 08:00:00 EST

I have the pleasure of being a part of a lawyer "think tank" with other personal injury lawyers throughout the US and Canada. That's how I met Ches Crosbie, founder of Ches Crosbie Barristers, a personal injury law firm serving Newfoundland and Labrador. Ches believes that injured consumers need helpful legal information. That's why he wrote 7 Deadly Sins That Can Wreck Your Injury Claim. It is the ultimate consumer guide to accident cases in Newfoundland and Labrador and is free to residents of those provinces. You can get your copy at www.NewfoundlandInjuryBook.com.

Massachusetts Personal Injury Lawyer Tom Kiley

sharonc@ix.netcom.com (Blog Author)6318 — Tue, 18 Nov 2008 08:00:00 EST

I recently met personal injury attorney Tom Kiley at a lawyer conference in Virginia. Tom is known as the Million Dollar Man, and for good reason. He has repeatedly obtained multi-million dollar results for his clients. But, more importantly, he is a tireless fighter for his clients and their families. If Tom takes your case, he and his staff will devote their full energy to developing your case, holding the responsible party accountable and getting fair compensation for your injuries. If you need a personal injury attorney in Massachusetts do yourself a favor and contact Tom Kiley today.

Fatal car accident kills 2 in Belair

sharonc@ix.netcom.com (Blog Author)6026 — Sun, 09 Nov 2008 08:00:00 EST

A mother and her young son were tragically killed in a car accident on Friday in Belair. According to a newspaper account , the Brady family was traveling northbound on the Belair bypass when their van was hit head-on by a Jeep Cherokee that crossed the center line. Katherine Brady and her 8 year old son, Wilson, were killed instantly. Stephen Brady and 2 year old Ian Brady were taken to Shock Trauma and Johns Hopkins Pediatric Shock Trauma respectively. The heartbreak for this family is unimaginable. I hope for a quick and full recovery for the surviving family members.

Wrongful Death Accidents in Utah

sharonc@ix.netcom.com (Blog Author)6006 — Fri, 07 Nov 2008 08:00:00 EST

My friend, Utah attorney Kenny Christensen, represents vicitms in Utah who suffer fatal injuries because of car accidents, medical malpractice, acts of violence, police brutality or other similar incidents . His website is full of great information for anyone in Utah who has suffered such an injury. He has even written a book on Utah accidents. Losing a loved one is always painful. When the death results from the negligent actions of others it is devastating. If this has happened to you, do yourself a favor and talk to Kenny.

Deficiencies Higher at For-Profit Nursing Homes

sharonc@ix.netcom.com (Blog Author)5021 — Thu, 02 Oct 2008 08:00:00 EST

I just read a very troubling report from the Inspector General for the Center for Medicare and Medicaid Services about deficiencies in nursing homes nationwide. Any nursing home that accepts Medicare or Medicaid patients must meet Federal standards and be inspected at least every 15 months for compliance with those standards. If the nursing home fails to meet one or more standard, a deficiency is issued. In each of the past three years more than 91% of the nursing homes surveyed received deficiencies. Between 2005 and 2007 the average number of deficiencies per nursing home increased more than 10% from 6.4 to 7.0. In each of the past three years for-profit have higher percentage of deficiency then not-for-profit or government. In addition, for-profit nursing homes had a higher average number of deficiencies than either of the other two groups. For example, in 2007 for-profit homes had an average 7.6 deficiencies per home, while not-for-profits had 5.7 and government homes had 6.3. Of even greater concern is the nature of the deficiencies. The most commonly cited deficiencies for all nursing home over the past three years were quality of care, resident assessment and quality of life. A more alarming finding is that in 2007 nearly one in every five nursing homes surveyed were cited for deficiencies which caused actual harm to a patient or placed the patient's life in immediate jeopardy. These numbers are shocking. Patients in nursing homes are totally vulnerable and at the mercy of their caregivers. There is no excuse for injury or harm to a patient from a failure to meet these Federal standards. For more information about Nursing Home Neglect visit my website at www.SharonChristieLaw.com

Do I need a Lawyer for my Social Security Disability Case?

sharonc@ix.netcom.com (Blog Author)4676 — Thu, 18 Sep 2008 08:00:00 EST

Must you have a lawyer to pursue a Social Security disability case? No. Do you need a lawyer to put together the best case possible and maximize your chances of winning? YES. A lawyer with experience handling Social Security disability cases will know what records are needed to strengthen your case. A lawyer with experience handling Social Security disability cases will know how to argue your case in court. For more information about why you should hire a lawyer for your case see my article on this topic on my website.

Nursing Home Patient Wanders Away from the Home and Dies

sharonc@ix.netcom.com (Blog Author)4183 — Mon, 25 Aug 2008 08:00:00 EST

I just read an article about a nursing home patient in New York who wandered out of the home unnoticed. Two days later she was found in the woods - dead. You may think this is unusual but I can tell you that is not the case. I have handled this type of case in Maryland. In my experience, the problem results from a failure of the facility to have enough staff on duty to properly care for the residents. Patients who suffer from dementia or Alzheimer's frequently wander. If a facility accepts these patients then there must be enough staff to watch them as well as other safeguards, such as alarms, to alert the staff if a patient leaves the unit or walks out the front door. For more information about Nursing Home Neglect, visit my website, www.SharonChristieLaw.com.

Nursing Home Abuse: Why Does it Happen?

sharonc@ix.netcom.com (Blog Author)4067 — Wed, 20 Aug 2008 08:00:00 EST

I just read a news report out of the state of Missouri about a nursing home worker charged with hitting a resident and forcing water into his nose and lungs through oxygen tubing. How can this happen? Based on my experience representing victims of nursing home abuse I believe that there are several reasons. First, many nursing homes are grossly understaffed. The nurses and aides must care for a large number of patients with complex problems, but have little time to spend with each patient. Under pressure to perform tasks quickly the staff can lose their own patience and take it out on the people they care for. Second, many nursing homes do not properly screen potential employees by checking references and criminal backgrounds. Failure to do background checks can result in terrible hiring decisions. Finally, residents in nursing homes today frequently suffer from multiple and complex medical and psychiatric problems. The staff at many nursing homes are not properly trained to deal with these complexities. For more information about nursing home abuse and injuries visit the Nursing Home section of my website.

Mandatory Arbitration Clauses in Nursing Home Contracts

sharonc@ix.netcom.com (Blog Author)3184 — Tue, 24 Jun 2008 08:00:00 EST

Admitting a loved one to a nursing home is an emotional and difficult experience. Increasingly, nursing homes are including mandatory arbitration clauses in their admission papers. By signing a mandatory arbitration clause, the patient and/or his family gives away a significant legal right -- trial by jury should a dispute arise over the quality of care rendered to the patient. These clauses purport to be voluntary. However, the patient and/or his family is already under great stress at the time of admission, worrying about the patient's health and future care needs. Usually, they simply sign all of the necessary admission papers without any understanding of the implications of such a clause. Recognizing the unfairness of these clauses, legislation has been introduced in Congress to invalidate them. But the powerful forces of the nursing home industry are fighting hard to defeat this legislation, and they may win. Why is the nursing home industry fighting so hard? MONEY. The industry knows that juries will hold nursing homes accountable for bad care and award significantly more in damages than most arbitrators. Wouldn't it be better if, instead of spending money on lobbyists to influence Congress, the industry spent that money to hire more patient care staff and better train that staff? Maybe then the nursing homes would not have to worry so much about lawsuits.

New Social Security Disability Blog!

sharonc@ix.netcom.com (News Author)7786 — Wed, 18 Mar 2009 08:00:00 EST

Sharon has launched a new Social Security Disability Blog. She will discuss all aspects of Social Security Disability claims, especially those issues that she sees in her law practice. Check it out today!