A licensed practical nurse at a Virginia nursing home has just pleaded guilty to sexually assaulting a female comatose resident. Read the full article here. The resident had been at the home for about a year and the nurse was found assaulting her by another employee. As I have stated in other posts, especially in situations where your loved ones may be suffering from Alzheimer's or Dementia--or as in this case, a Read More
Children’s Products Get Lead Limit by New Federal Law…
The Consumer Product Safety Improvement Act of 2008 (CPSIA) was signed into law on August 14, 2008. The CPSIA establishes consumer product safety standards and other safety requirements for children's products and "reauthorizes" and "modernizes" the Consumer Product Safety Commission. It is a very strong law involving harsh civil and criminal penalties for those who violate it. Read all about the Act here. One Read More
Illinois State Police Speed Policy Change in Response to Deaths
The Illinois State Police is instituting a new speed policy that calls for a "four tier response code system" beginning January 1, 2009. Read the facts of the new policy here. After two sisters were killed when an Illinois State Police Trooper's squad car crossed an I-64 median last November, Illinois State Police felt it was time to institute a policy to prevent future tragedies. Notably, this is only the second Read More
Another nursing home fined for more than 2 dozen violations…
An Arizona nursing home was found with more than two dozen violations and has agreed to pay the State $17,500 in civil penalties as a result notes the Arizona Daily Star. According to the article, among the violations noted, including a failure to protect its elderly residents from sexual abuse, state inspectors found that the home also failed to timely note that a resident suffered a seizure, fell and was Read More
Holiday Season: Take Note of the Care Provided to Your Loved Ones…
As one recent article points out, the holiday season is the time of year nursing home residents receive the most visits and loved ones should take careful note of any signs of abuse or neglect--especially bed sores. Bed sores are preventable, are not normal, and command immediate attention. If your loved one seems "distant" or has any bruising, scars, cuts or appears unbathed and dirty, take immediate action, ask Read More
Gruesome Photographs: Admissible at Trial?
At trial time, Defendants may make a motion before the Court to exclude gruesome photographs of injuries. However, simply because the photograph(s) may be gruesome and possibly cause prejudice in the minds of the jury is no reason to exclude the photograph(s). See e.g. Burnett v. Caho, 7 Ill.App.3d 266, 272 (3rd Dist. 1972). Admissibility is within the discretion of the trial judge and it is common practice to Read More
Wandering can cause serious injury and even death. . .
It is critical that a nursing home and its staff take careful note of patients with conditions that could lead to elopement / wandering resulting in injury or even death. Dementia and Alzheimer's are two critical conditions that staff must treat carefully. Recently, a man who suffered from dementia wandered from a nursing home and was struck and killed by a train. Read the article here. His family has filed a Read More
Over 37,000 Complaints in U.S. Nursing Homes Last Year
As noted in a recent N.Y. Times Article, the Department of Health and Human Services ("HHS") noted that over 90% of U.S. nursing homes were cited for federal health and safety standards violations last year--and notably, for-profit homes had more problems. The report by HHS noted issues with pressure sores (also known as bed sores or decubitus ulcers), medication errors, and abuse and neglect among others and Read More
Winning a Jury Trial: Keep it Simple…
In a well-written article by the New Jersey Lawyer, the old saying rings true: If you want to win over the jury, keep it simple. Jurors don't want to hear long dissertations on the law with "high-brow" words and fancy legal terms; jurors want to hear plain, everyday language--and in short statements or arguments. One attorney in the article summed it up perfectly: Talk to the least-educated, dumbest juror you have. Read More
The Person Who Hit Me Received a Ticket! Won’t the Jury Hear About That?!
Many individuals who are in accidents often ask me whether the jury will hear that the defendant received a ticket in relation to the accident. They would love for the jury to hear that! They are often surprised to hear me say "absolutely not." In fact, I tell them that the Judge--prior to the trial even beginning--makes decisions on whether such issues will ever be heard by the jury. These decisions by the Judge are Read More
