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Lexington Personal Injury Blog

For-profit facilities prone to nursing home abuse and neglect

When Kentuckians are considering their alternatives for a place for elderly or infirm loved ones to live and receive the care they need, there are certain factors that must be accounted for to avoid illness, injury and mistreatment. Unfortunately, these things happen frequently and it is not discovered before it is too late. Nursing home abuse and neglect happens every day and a recent study found that there are certain common denominators in the types of facilities at which substandard care is provided. These should be assessed before the person moves into the facility and especially after. One key factor is if it is a for-profit facility.

The study indicates that people who reside in for-profit facilities are almost two times as likely to have health issues because of substandard care than those who are in nonprofit or private facilities. More importantly, people in for-profit facilities had a higher number of issues related to neglect such as dehydration, bedsores, damaged equipment and the failure to adequately monitor their medications. The study was overseen by a professor at the University of Illinois at Chicago. He said that residents who are getting substandard care could rightfully be labeled as being subjected to elder abuse.

Be careful walking on a public floor that smells too clean

Any kind of slip-and-fall accident can cause serious injury, but you do not expect trouble when you walk down a clean, dry corridor. Some cleaning agents smell a little too fragrant and flowery, and you should pay attention. They can leave a dangerous residue on the floor, perfect for slipping.

Traction matters

Fatal accident shows risk of detached trailers in truck accidents

Given the number of trucks on the road throughout Kentucky, drivers and passengers who share the road with them will grow accustomed to their presence and think nothing of them being beside them or on the other side of the road. Familiarity, however, does not indicate safety. With large trucks that are often carting trailers, there are a seemingly limitless number of ways in which an accident can occur. One is when the trailer detaches from the cab. Those who have been hurt or lost a loved one in these truck accidents should remember their rights to seek compensation in a legal filing.

A three-vehicle accident led to the death of a 44-year-old woman after a truck's trailer came loose. The accident occurred at around 8 a.m. The investigation indicates that the dump truck was heading south and being driven by an 82-year-old. It had a trailer attached to it. For unknown reasons, the trailer separated from the cab. It side-swiped a northbound Dodge Mini Van being driven by a 22-year-old male. A 2017 Nissan Versa driven by the woman was also heading north and was hit in a head-on crash. She was declared dead at the site of the accident. The investigation into the incident is continuing.

Hit-and-run pedestrian car accidents cause injuries

The roads in Lexington and throughout Kentucky can be treacherous at any time of day, but it is after midnight when people who are out on the road need to exercise extra caution. With the number of drivers who get behind the wheel when under the influence, are driving while distracted and that operate their vehicle recklessly and negligently, danger lurks around every corner. These behaviors are exacerbated at night. If it is a pedestrian accident, it is even more dangerous and the victims are prone to serious injury and death. This is worse when it is a hit-and-run. After a crash, it is important to understand the importance of legal assistance.

A pedestrian was hit while crossing the street in the crosswalk at around 2:15 a.m. According to witnesses, the driver then took off. When law enforcement arrived, they found the victim in the street, injured. One of the witnesses to the crash followed the vehicle that hit the pedestrian and alerted law enforcement of his whereabouts. The driver was placed under arrest for several charges including driving under the influence and fleeing and evading. The pedestrian was hurt, but is expected to survive.

Worker arrested for nursing home abuse and neglect

One of the biggest goals for family members of an elderly or ill loved one who needs to be placed in a nursing home is that they will receive the proper care and treatment. Abuse is not something that they want to think about, but it is an unfortunate reality that this takes place all too frequently and can combine with the failure to give the treatment the resident needs, deserves and is paying for to cause injuries and death. This is worrisome for Kentucky residents and examples of mistreatment are prevalent across the country. When there is evidence of nursing home abuse and neglect, it is crucial to have legal advice on how to proceed.

An example of the abuse that can take place in nursing homes has come to light in a case in Utah in which a nursing assistant was arrested for abusing two residents and perhaps more. Law enforcement had been called to investigate when a family asserted that their loved one had been abused. They had video evidence. The nursing assistant, a 30-year-old male, was placed under arrest. In the video, he is seen committing physical assault against the resident. The man is said to have admitted to committing another assault against a resident. These involved elbowing and pushing them. He was fired from his job. The investigation is continuing.

Legal representation is key after truck accidents in Kentucky

Although truckers will generally operate their vehicles safely and within the law, accidents can happen at any time. Add in the small percentage of truckers and truck companies that do not adhere to the rules, and the risk of a severe accident grows. After a truck accident, it is crucial for the victims who were hurt and the families of those who died to understand the steps necessary to file a lawsuit in hopes of recovering compensation.

Truckers have a job to do and, in many instances, they are pressured to get it done as quickly as possible. While there are rules in place for drivers to spend a certain amount of time off the road, some do not follow that to the letter. That can lead to drowsy driving and the chance of a crash. This can have a snowball effect as drivers who are seeking to complete their run will take pills and other substances to maintain alertness. This can cause accidents from driving under the influence. An investigation is key to determine if one of these accidents was caused because of DUI.

4 common truck driver distractions

Distracted driving is dangerous no matter who does it. A distracted motorist may cause injury or death, no matter what kind of vehicle they drive. However, distracted truck drivers are far more dangerous due to the massive size and significant weight of their big rigs. 

If a commercial truck crashes into you, you are likely to suffer catastrophic injuries. There are various distractions that may result in tractor-trailer accidents. These are a few of the most common reasons why truck drivers may not be paying attention:

Misuse of new auto safety systems can spark car accidents

Kentucky drivers might feel a sense of security with newer vehicles and the installed safety systems that frequently come with them. Anything to help people be safer on the road and avoid car accidents is a positive development. However, it is increasingly common that drivers who have these systems on their vehicles are not fully competent in using them. This can lead to dangers because of the systems as the drivers tend to lapse out of a sense of security that should not be there. Recent information has shown this to be the case via a study from the AAA Foundation for Traffic Safety.

According to the study, drivers think the technology can do more than it really can. Examples include the vehicle's ability to monitor blind spots, its adaptive cruise control, and emergency braking. This has sparked concern that people might not be fully prepared for the new technology and will not be safer if there are self-driving vehicles - even vehicles that only partially self-drive. Drivers could think that they are able to simply relax and let the vehicle systems do the work in lieu of paying attention. This is not the case.

Nursing home abuse and neglect leads to indictment

Nursing homes in Kentucky and across the U.S. are trusted to take care of elderly and infirm people when their loved ones cannot. These facilities have the lives of the patients in their hands. They provide them with their medication, food, and keep watch on them to make sure they are safe. It is unfortunate that there are many incidents of nursing home abuse and neglect. People can suffer injuries, become ill and even die due to mistreatment and mistakes at a nursing home.

When this happens, it is a legal issue in several ways. First, the people who commit these acts should be arrested and called to account for what they have done. Second, the families of those who were mistreated or suffered because of negligence can file a lawsuit to be compensated. In one recent case, four former workers at a facility were indicted for abusing a patient. The accused, three females age 26, 28 and 30, and one male, age 71, are accused of neglect and abuse of an adult. The three women are accused of improperly restraining the patient. He was weighed down with a therapy bag to keep him from moving. The indicted male saw what was happening, but did not put a stop to it nor did he report it.

Kentucky's tort reform: impact on medical malpractice victims

Kentucky's Supreme Court heard oral arguments in August on a case seeking to overturn a lower court ruling which found the Medical Review Panel Statute unconstitutional. The case has major repercussions for those injured by medical malpractice, because if overturned it will increase costs, create delay, and limit due process protections.

KRS 216C et seq.

The law establishes a mandatory medical review process to screen medical malpractice claims, which legislators blame for rising insurance premiums and a shortage of physicians in the state. Prior to bringing a malpractice claim against a doctor or a healthcare institution in court, the injured must submit their complaint to the panel, which is a branch of the Cabinet for Health and Family Services.

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