Articles Tagged with nursing home negligence

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

The United States Supreme Court has ruled on a case that could affect nursing home claims all across the country. In Kindred Nursing Centers, L.P. v. Clark, the court reversed a lower court decision that rejected an arbitration agreement between the nursing home and the residents of the nursing home.

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Charlotte Personal Injury Attorney Matt Arnold answers the question: “What information will be helpful for my nursing home negligence claim?”

It’s been bad news recently for those residing in nursing homes or with loved ones in nursing facilities. After a seeming victory last fall, when the Centers for Medicare and Medicaid Services (CMS) announced that a new rule would go into effect banning the use of arbitration agreements, there was an important setback earlier this summer. Residents and those working to change the broken system were disappointed to learn that CMS would not continue to push for implementation of the new rule banning arbitration agreements, but would instead craft a new measure, one that helps nursing facilities deny residents and their loved ones access to the court system.

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Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?

The Supreme Court issued an important decision today impacting millions of families across the country. The Court decided to weigh into an issue that has generated increasing controversy over the past several years: arbitration agreements. After hearing the facts of the case, the Court chose to side with big business interests, in this case, the nursing home industry, over the individual families who seldom understand that these agreements exist to strip them of their rights.

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Charlotte Personal Injury Attorney Matt Arnold answers the question “What constitutes nursing home negligence?”

A recent study indicates that problems with care at nursing homes across the country may be linked to the poor quality of life of those working in the nursing facilities. The study revealed that nursing assistants are frequently underpaid, overworked, have bad benefits, lack opportunities for advancement and suffer high rates of workplace injury. These problems combine to make it difficult for nursing homes to recruit and, even more importantly, retain quality staff. The high turnover rates are problems not only for staff and the facilities that employ them, but for those patients who depend on their care.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” If an incident report was filled out, do I have a right to receive a copy?”

 

Scenes and outtakes from countless television shows and movies have shown cyclists speeding past people jogging or skating alongside the sands of Southern California beaches. Many of these have featured the twenty-or-so mile paved Marvin Braude Bicycle Path that runs from Pacific Palisades in Los Angeles south to Torrance.

Bike Lane Charlotte North Carolina Injury Lawyer North Carolina Car Accident AttorneyCyclists may enjoy a relative safety on the seaside paths, but inland things have gotten downright tragic for bicycle riders. California saw 338 cyclists killed in collisions with motor vehicles between 2010 and 2012, according to a report issued Monday by the Governors Highway Safety Association. Florida lagged not far behind Golden State, reporting 329 cyclists killed in collisions with motor vehicles in the same period.

Bicyclist deaths nationwide increased by 16-percent between 2010 and 2012, according to the report, but Florida and California reported the largest increases in deaths.

Allen Williams, a scientist who worked at the Insurance Institute for Highway Safety, compiled the report. He observed what he described as “remarkable changes” in the profile of those killed in crashes involving bicycles and cars. Adult males accounted for 74-percent of bicyclists killed in 2012. In 1975, by comparison, only 21-percent of bicyclists killed were adults of either gender.

Two-thirds of bicyclists killed in 2012 were not wearing helmets, while nearly a third of those killed registered a blood-alcohol content of .08 or more.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What constitutes nursing home negligence?”

 

A four-year-long pursuit of justice ended last month for a former Orangeburg, South Carolina nursing home employee who was accused of attempting to rape a mentally handicapped woman in 2010.

Shadowy Hallway Charlotte Injury Lawyer Mecklenburg Nursing Home Negligence AttorneyThen-54-year-old Ralph C. Williams was charged in June of 2010 with third-degree criminal sexual conduct and abuse of a vulnerable adult. At the time, an employee at the Orangeburg Nursing Home called Capt. Mike Adams of the Orangeburg Department of Public Safety to report that she saw Mr. Williams on top of a 42-year-old female patient with his “scrub pants down and appeared to be starting to have sex with (the patient).”

Williams was acquitted of the criminal charges in 2012. As it turned out, he was the victim of false allegations lodged against him by Patricia Johnson, Josette Peppers and UniHealth Post Acute Care, LLC, an Orangeburg jury found. Johnson, Peppers and UniHealth were named as defendants in a defamation lawsuit Williams brought to clear his name.

Defamation, in general, is defined as any statement—written or spoken—that damages a person’s reputation. The statement must be “published;” in other words, the defamatory statement must be made to a third party or third parties. The plaintiff in a defamation lawsuit must prove that he or she was damaged by the alleged defamatory statement or statements.

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Charlotte Personal Injury Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What will happen after I file my nursing home complaint?”

 

The population of the United States is getting older, literally. While in general the modern elderly are more active, independent and healthy than at any time in recorded history, the sheer number of elderly persons needing basic and extraordinary care is growing. As the so-called Baby-Boomer generation nears and enters retirement, the number of persons needing basic and extraordinary care is expected to continue to increase.

Birthday Cake Charlotte Injury Attorney North Carolina Elder Neglect LawyerMany elderly persons are outliving their retirement. Many have few opportunities for gainful employment, even if they can work, and face struggles to generate enough income to cover basic expenses, not to mention soaring medical costs. Inevitably these persons turn to their families for help. Families are faced with footing the bills for nursing homes or finding people to care for loved ones.

Unfortunately, many families are unequipped to deal with the expenses associated with caring for elderly loved ones. The American Psychological Association estimates that some 4 million older Americans fall victim to abuse or neglect every year. Observers report, however, that for every reported case of abuse or neglect, as many as 23 go unreported. Most instances of elder abuse or neglect do not occur in nursing homes. Sadly, most instances of elder abuse and neglect occur at home. Most often, family members, household members or paid caregivers are the abusers.   Continue reading →

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Attorney Matthew R. Arnold answering the question: “What if the medical condition improves before the hearing?”

 

A recent accident in New Jersey involving actor and comedian Tracy Morgan highlights the extreme dangers posed by exhausted drivers. The crash earlier this month left the former 30 Rock star in critical condition and has now led to criminal charges for the driver of the tractor-trailer responsible for the accident.

 

Bed at night Charlotte Truck Accident Lawyer North Carolina Injury AttorneyPolice say the chain-reaction crash began when a tractor-trailer driver, Kevin Roper, collided with Morgan’s chauffeured limousine bus. Morgan was heading back home from a comedy show in Delaware with a group of friends at the time. The accident spread out across the interstate and left one member of Morgan’s entourage dead and two others critically injured. Morgan and the others were airlifted to nearby hospitals for treatment and several remain in intensive care even now.

 

The driver of the truck has been charged with death by auto and also faces four counts of assault by auto related to the crash. The trucker was given a $50,000 bail and has now hired an attorney to fight for his freedom.

 

Given the seriousness of the crash and the involvement of a commercial motor vehicle, investigators with the National Transportation Safety Board stepped in to examine what may have caused the accident. A recent report issued by the NTSB says that the driver of the rig that slammed into Morgan’s van was speeding at the time of the crash and was likely exhausted from working more than 13 consecutive hours.

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Attorney Matthew R. Arnold answering the question: “The insurance adjuster is saying I am partially negligent what does that mean?”

 

Police in Gaston County, North Carolina say that five people have been injured after a car and an ambulance were involved in a crash. The wreck occurred in the later afternoon and took place on a busy stretch of highway.

 

Parked ambulance Charlotte Accident Attorney North Carolina Injury LawyerAccording to officers with the North Carolina Highway Patrol, the crash occurred when an ambulance operated by two EMTS was hit by an oncoming car carrying three people. The ambulance was from the Stanley Fire and Rescue and was in the process of responding to an emergency call at the time of the accident.

 

Emergency responders say that four of those injured in the accident were ultimately transported to CaroMont Regional Medical Center for serious but non-life threatening injuries. The other person was taken to Carolinas Medical Center in Charlotte and is said to have suffered serious harm.

 

Stunningly, the terrible accident was caught on video thanks to in-cabin cameras located on the newer ambulances operated by Stanley Fire and Rescue. The driver of the ambulance was Roger Arrowood, a part-time employee who survived with relatively minor injuries.

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Attorney Matthew R. Arnold answering the question: “What can you sue for in a personal injury case?”

 

A North Carolina Senate committed has added language to a piece of legislation that will now require drivers of mopeds to purchase liability insurance before legally operating the vehicles on state roadways. The measure, House Bill 1145, has already been approved by the house, though the new language will need to be agreed to before the bill progresses any further.
Moped parked Charlotte Injury Lawyer North Carolina Accident AttorneyThe language attached by the Senate says that moped drivers are required to register their vehicles with the North Carolina Division of Motor Vehicles, in addition to purchasing liability coverage. Moped drivers will have until July 1, 2015 to comply with the new regulations.

 

Under current North Carolina law, mopeds are not among those vehicles that must be registered or insured in the state. Mopeds are also not subject to any property taxes, allowing owners to essentially avoid any fees associated with their use.

 

The new measure would require moped owners to pay a $15 registration fee as well as demonstrate to the Division of Motor Vehicles that the moped was designed and manufactured specifically for highway use. These requirements mirror those for motorcyclists, something that some legislators believe is necessary to guarantee the safety of all North Carolina motorists.

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