Articles Tagged with nursing home negligence

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

One of the hardest decisions you will ever make is to put a loved one into nursing home care. When it becomes unsafe for a parent to live alone or when in-home care is not an option, the safest solution may be to choose a professional facility. You expect the nursing home will provide the best care possible, but unfortunately, that is not always the case. Nursing home neglect is on the rise, and incidences of abuse and neglect in these facilities are devastating to families. If your loved one suffered neglect or abuse in a nursing home, the negligent party should be held responsible.

Charlotte Personal Injury Attorney Matt Arnold answers the question: “What will happen after I file my nursing home complaint?”

The coronavirus (COVID-19) pandemic, which has killed over 2,600 people in the U.S., is disproportionately affecting the elderly and nursing home residents. For many nursing home residents, especially those with underlying conditions, the COVID-19 virus can be lethal.

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

Several Charlotte-area nursing homes have been flagged for past abuse and neglect. If you are thinking about getting your loved one into a nursing home in Charlotte, check out which facilities have been flagged for violations in the past.

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

It can be difficult to make the decision for a loved one to reside in a nursing home. When you finally make that difficult decision, you are putting your trust and hope that the chosen facility will treat your loved one with care, caution, and respect. Unfortunately, not every nursing home facility takes the time and resources necessary to care for your loved one. As a result, negligent or wrongful acts can lead to the injury or death of your loved one. With the tragedy of losing a loved one, a glimmer of hope is the option of filing a wrongful death suit to hold those at fault for the death of your loved one responsible. In North Carolina, a wrongful death suit can be brought “when the death of a person is caused by a wrongful act, neglect or default of another.”

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.

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.

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.

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.

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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