Falling down a flight of stairs or even a few steps can cause serious injuries. Broken bones, head injury, and other trauma can result. In determining whether a stair injury case should result in a lawsuit, a number of factors need to be determined in addition to the severity of the injury. Stair injury cases are a form of premises liability litigation. Stair design is one factor to be analyzed....
Believe me...when I wrote my last post on Nursing Homes in my Cape Cod Barrister blog on Cape Cod Today, I had no idea that nursing home grading would be the headline story in the Cape Cod Times...
Protecting charitable organizations from liability for the negligence of the organization or its employees, may sound noble, but is in fact, unfair. The immunity doesn't really accomplish its goals, and insures that employees of an organization involved in a personal injury lawsuit, will be sued instead of the organization. Here's the way it works in Massachusetts. By statute, M.G.L. c. 231,...
A significant settlement in a disturbing case of nursing home neglect, was reported in this week's Massachusetts Lawyers Weekly. A generally healthy, active, older women (exact age unspecified in the report), entered the nursing home for rehabilitation after a compression fracture. Darvocet, which the woman was taking for pain, has a known side effect for many people, of constipation. Despite...
A great deal of attention has been paid lately - rightfully so - to the subject of infections contracted in hospitals. Less focus has been placed on another source of serious and preventable injuries in hospitals - falls. The result of a fall down injury in a hospital may be severe. Patients are ill and often debilitated or disoriented to begin with. If a patient's condition presents any...
CAUTION: TRUE STORY AHEAD! In 2003, a mother and father in Stoughton conveyed their modest home to their two sons and retained a life estate (a right to live in the home until their deaths). The...
Believe me...when I wrote my last post on Nursing Homes in my Cape Cod Barrister blog on CapeCod Today, I had no idea that nursing home grading would be the headline story in the Cape Cod Times just...
There was some good news in a 2005 study from the National [Nursing Home] Ombudsman Reporting System ("NORS"). Complaints involving physical abuse in nursing homes decreased from 5,426 in 1998 to 4,137 in 2005. According to the report, complaints of nursing home physical abuse ranked 19th out of 128 categories of complaints relating to nursing home conditions.While any decline in numbers of...
Corporate nursing home officials who bank on jurors discounting residents' injuries from nursing home abuse, because of their age or pre-existing illness, may think again after a $160 million dollar verdict in Texas. The victim of the abuse was an 81 year old resident of the Comanche Trail Nursing Home in Big Spring, Texas. Nursing home personnel assigned him a new roommate who was mentally ill...
Imagine a plane crash in which the co-pilot knew of another plane on a collision course, but decided not to tell the pilot, figuring he'd get the information on his own. Imagine a firefighter knowing a roof is about to collapse, but failing to warn his colleagues because he thought his colleagues were highly skilled and the signs of impending collapse were obvious. Unthinkable? Of course. Yet,...
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