MCFARLAND, GOULD, LYONS, SULLIVAN & HOGAN, P.A.,
ATTORNEYS AT LAW
Serving the Tampa Bay Area For Over 45 Years
Injury Law Alert
Spring 2004

NURSING HOME ABUSE AND NEGLECT

With people living longer than ever, more and more of our family members and loved ones will spend time in a nursing home. Although most nursing homes and other long-term care facilities are reputable and provide good care for their residents, a few do not. Reported cases of abuse and neglect are rising as the number of nursing home residents rise, and the elderly and infirm are often the least able to help themselves.

Although nursing homes are regulated by government agencies that investigate and punish cases of abuse and neglect every year, officials cannot be everywhere at once. Everyone with a friend or relative in a nursing home should be aware of certain danger signs and be ready to act if they appear.

In nursing homes, the most common cause of neglect is the lack of sufficiently trained staff. With an eye on the bottom line, some facilities do not hire enough staff to properly care for their residents. Staffing shortages lead to overwork, and overwork and inexperience can lead to a breakdown in care. Neglect attributable to a lack of staff can include improper medication, failure to assist the residents with their hygiene, failure to turn the residents (leading to bedsores), and failure to adequately provide for the residents' safety and comfort.

More disturbingly, some nursing home employees take advantage of the elderly under their care. Cases of theft, assault, and even sexual assault of nursing home residents have been reported. Although such examples of outright abuse are rare, they are serious and you should be alert for signs of trouble.

If you suspect that the residents of a nursing home may be abused or neglected, follow up. A good checkup is the surprise visit, when the nursing home is not expecting you. This allows you to see how the home operates on a daily basis, rather than just the days when someone is coming to visit. When visiting, get to know the staff. Staff members can be an excellent source of information about the happenings in the home. If you do not like what you see, complain. Often, potential problems can be avoided if the nursing home is told clearly what is expected.

If you suspect a serious problem at a nursing home, report it to the appropriate authorities immediately. In addition, if you believe that a loved one is being abused or neglected in a nursing home, call us. You may need an attorney to represent you. We will help you investigate the matter and take the legal action necessary to protect your loved one and to recover any damages that you deserve.

SIGNS OF ABUSE AND NEGLECT
What are the signs of nursing home abuse or neglect to look out for? Although a number of things might indicate that there are problems, common signs of possible trouble include:

* Bedsores;

* Soiled bed linen or the smell of feces or urine;

* Unexplained bruises or cuts;

* Use of physical or chemical restraints;

* Changes in mood or disorientation, often due to improper medication;

* Weight loss; and

* Unexplained fear or anxiety.

Trust your feelings. People can often sense trouble before they can identify a specific problem. Don't ignore your instincts.

UMBRELLA INSURANCE POLICIES
As insurance prices continue to rise, many people are looking for more and better insurance coverage for less money, and "umbrella policies" are often a good option for increasing coverage. Umbrella policies get their name from the coverage they offer: Like an umbrella, they provide expansive coverage for you and your assets. Umbrella policies act as a kind of backup for your primary insurance and can provide a cost-effective way of increasing your insurance coverage.

Most of us carry several kinds of liability insurance policies: car insurance, homeowner's insurance, renter's insurance, etc. All of these different policies do essentially the same thing. They cover you for the different careless acts you might commit. However, the coverage available under these different policies varies, and their cost is often very expensive compared with the coverage they provide.

Umbrella policies begin where other insurance ends. They provide additional coverage--coverage that is only available after the underlying liability policy has been exhausted. Umbrella policies are often surprisingly inexpensive, given that they can provide additional coverage in amounts up to $1 million or more. The reason umbrella policies are relatively inexpensive is because they are only asked to cover the largest of claims. Because of this, the number of claims brought against umbrella policies is lower than the number of claims brought against "regular" policies.

As with any kind of insurance, the coverage offered by umbrella policies and the rates charged for them can vary greatly. Consider the possibility of buying an umbrella policy. You may find that it is right for you.



STOP TAKING EPHEDRA
The Food and Drug Administration recently issued an alert advising consumers to immediately stop using products that contain ephedra. According to the FDA, dietary supplements that contain ephedra present an unreasonable risk of illness or injury.

Ephedra is a Chinese herb that is a common ingredient in many over-the-counter weight-loss and dietary supplements. Reports of adverse reactions suffered by people taking products containing ephedra led the FDA to conduct an exhaustive examination of the benefits and risks of ephedra. The conclusion? Ephedra showed little evidence of effectiveness for weight loss, but it does have the potential to raise blood pressure and stress the circulatory system of users. These dangerous side effects can lead to heart trouble, strokes, and convulsions. Many have called for ephedra to be banned, and the FDA intends to do so with a final rule prohibiting its sale.

If you suspect that you or a loved one have suffered from an ephedra-related injury, contact us. Remember, just because something is natural does not mean it is necessarily good for you.


CASE BY CASE
Dangerous Products
Companies that make and sell products have a duty to make sure that their products do not present an unreasonable risk of harm to people who use them. If a certain product turns out to be dangerous or defective, an injured consumer may have a products liability claim.

A worker in a manufacturing plant was seriously injured when he was pulled into the machine he was operating. The machine did not have an instruction manual, nor was there a safety guard or an emergency shut-off switch. The worker, whose right arm was crushed by the accident, was awarded $16 million from the company that manufactured the dangerous piece of equipment.


DIALING FOR DISASTER
Your daughter has a flat. She calls you to come help her. It's dark and you're lost somewhere not too pleasant. You call for directions. You want to wish your son a happy birthday, but he's gone camping with friends. You can't reach him because he turned off his phone so he could have a bit of peace and quiet. Well, two out of three isn't bad.

Cellular phones are perfect for emergencies and for staying in touch whenever and wherever we need to be in touch. But there is growing evidence that phones and driving don't mix. With roads more crowded than ever and drivers seemingly more aggressive by the day, any distraction can lead to an accident, and cellular phones definitely are a distraction.

Consider also that young drivers (16-18) are among the least safe drivers on our roads. The crash rate for 16-year-old drivers is 5 times higher than for over-25 drivers! Parents naturally want their youngsters to have cellular phones to use in case of emergencies, but using cellular phones while driving is an added danger for these inexperienced drivers--and for the rest of us who are out on the roads with them.

Americans will continue to use phones in cars, just as we play our stereos, drink our breakfast coffee, adjust our appearance, dictate into recorders, shout at the kids in the back seat, and daydream about vacations and winning the lottery. We spend a lot of time in our cars, and we have begun to treat them as the second homes they have become. We will continue to use our phones, but a few common-sense safety rules maybe can save our lives.

* If traffic is heavy, turn off your phone.

* Pull off the road before phoning.

* Try to use a hands-free type of phone.

* Save stressful, intense calls for home or office.

* Monitor phone use by your young driver.

* If you must phone while driving, do so only when you can easily respond to traffic conditions.

The best advice about phoning and driving probably is the simplest: USE YOUR HEAD before you use your phone.


WHY YOU NEED A PERSONAL INJURY LAWYER
Although many of us enjoy being handy around the house, there is one time when it does not pay to "do it yourself" -- when you or a loved one has been injured. Rather than trying to handle a personal injury claim yourself, you should seek the assistance of a personal injury lawyer for several reasons:

EXPERIENCE: By hiring a personal injury lawyer, you can take advantage of the lawyer's experience. This experience helps evaluate your case and helps determine what you are legally entitled to recover.

LEVEL PLAYING FIELD: You can be sure that the wrongdoer's insurance company is going to have experienced adjustors and lawyers working against you. Often, an insurance company will delay settling claims and even deny valid claims altogether. Even when it does offer to settle the case, the settlement offer may be unfairly low. It pays to have a lawyer on your side to prevent the wrongdoer from paying you less than you deserve.

PAY ONLY IF YOU WIN: Most personal injury lawyers work for what is called a "contingent fee," which does not require money up front. Contingent fees allow injured persons with valid claims but little money to get good legal representation. Also, most contingent fee agreements provide that you only have to pay the lawyer's fee if you win.

OTHER ISSUES: In addition to the injury claim itself, your lawyer can help you resolve matters arising when someone has been injured, such as providing referrals to competent doctors and repair shops.

So if you have been injured, don't do it yourself. Seek the help of an experienced professional to insure you get what you are due.


THEY SAID IT
The following exchanges actually took place in courtrooms across the country.

Q: What is your date of birth?

A: July 15th

Q: What year?

A: Every year.

Q: Can you describe the individual?

A: He was about medium height and had a beard.

Q: Was this a male or female?


WE PREFER YOU TO REFER!
The period of time following an accident is one of confusion and uncertainty. There are many things to take care of. Hiring a good lawyer is one of them.

Many times people don't know where to go when they need legal help. If you or a loved one has been injured in an accident, call us. We will vigorously represent you and make sure that you are justly compensated for your injuries. That's our job.