Our Michigan nursing home lawyers represent nursing home residents and their families in lawsuits against Michigan nursing homes and residential care facilities. When an elderly person moves into a nursing home, the family places a tremendous amount of trust in the facility and its staff. If the patient is injured or dies due to improper treatment and neglect, that person or his or her family should explore taking action against the facility.

According to the National Center on Elder Abuse, estimates that between 1 and 2 million Americans age 65 or older have been injured or abused by someone on whom they depended for care or protection.

According to “The Safety Report” published by Tom Young, to protect your loved one from nursing home abuse and neglect you should:

• Meet the staff
• Tour the facility
• Ask questions
• Be present
• Visit the facility frequently and at irregular times after you chose a facility to help monitor your loved ones physical and emotional condition
• Develop connections with the nurses and staff

Nursing home neglect and abuse lawsuits are considered medical malpractice cases. A nursing home negligence case requires the patient, the “plaintiff”, to prove that his or her nursing home, residential care facility, or caretaker, the “defendant”, deviated so far from what is accepted as “standard” car and treatment that the law considers them to have been “negligent”.

Our Michigan nursing home lawyers will gather all the pertinent medical records involved in the residents care and any investigation reports by a responsible public health agency to determine whether you have been the victim of nursing home neglect. Our experienced nursing home abuse attorneys will discuss your case with you, review your medical records, and advise you whether you have a legitimate claim for nursing home negligence.

Victims of nursing home abuse do have legal rights. If you or family members suspect you have been a victim of nursing home abuse and neglect, contact our office now at (800) 606-1717 to speak with an experienced nursing home Michigan lawyer about your case. Learn about your legal rights and what your family can do to protect yourself and other residents of the health care facility as well.

• To confirm or disprove the severity of your injury.
• To confirm or disprove your ability to perform activities and sports.
• To confirm or disprove your ability to work.
• To confirm or disprove whether you interact normally with friends and family.

• Don’t post anything you wouldn’t feel comfortable having the insurance adjuster read (or maybe I should say your mother).

• Check your privacy settings and block anyone you do not know from viewing your personal pages. Public is never the best setting in my humble opinion.
• Search your name on all sites that you are a member of and on Google to see what comes up.  See what photos you have been tagged in and take the appropriate action to remove photos you are not comfortable with.
• Do not accept any friend requests or answer any e-mails from people you don’t know. They may be working for the other side.

The RI medical malpractice attorneys at d’Oliveira & Associates want you to be informed about medical malpractice.

Medical malpractice can cause physical or psychological harm or injury, diminished enjoyment of life, emotional distress, severe and recurring pain, and a chain of other issues including the inability to work and financial and economic losses.  In extreme cases, victims of medical malpractice may die as a direct result of an act, omission, or negligence.  Among the many ways by which medical malpractice can cost the life of the patient includes misdiagnosis, medication errors, failure to provide follow-up treatment, bacterial infection, harmful or defective medical device, or improper treatment of an illness.

When a person dies because of medical malpractice in RI, the relatives or authorized representatives of the estate of the deceased have the right to file a wrongful death claim against the responsible healthcare professional or institution.  Compensation varies from state to state.  It may cover tangible losses such as funeral and medical expenses, loss of pension plans, the loss of financial support or the loss of expected earnings of the deceased wage-earner.  It may also cover intangible losses such as compensation to the estate for the grief over the loss of companionship and enjoyment of life, or damages for mental anguish and sufferings.

The computation of damages is highly complicated, and the recoverable amounts may vary from case to case.  The loved ones will need to study the wrongful death statute of their state, and ask for the opinion of economists and other expert witnesses in order to calculate a fair amount of compensation or settlement for this unfortunate event.  This does not relieve them of the pain and grief caused by the loss of their loved one, but it eases the financial burden caused by the premature death.  If you have a relative who has been a victim of medical malpractice resulting in injuries or death, it is advisable to consult with a seasoned Rhode Island wrongful death lawyer immediately to guide you in every step of the way.

If you want to speak to a qualified Massachusetts and Rhode Island medical malpractice lawyer call the Law Offices of d’Oliveira & Associates at 1-800-992-6878 for a free legal consultation.

d’Oliveira & Associates: 250 EDDIE DOWLING HWY. WOONSOCKET, R.I. 02896 (401) 762-4006

Most people become more forgetful as their age increases. We tend to forget important events (hopefully not an anniversary or a birthday), even significant information. A whole industry has evolved around this problem.  There are vitamins and food supplement that say they can improve memory. There are ongoing studies that are looking for the answers as to how to keep and boost our memories. The opposite problem exists for those who have been in serious injury car and truck accidents.  How do they forget?  Can it be possible to forget painful experiences?

Research shows that any pain lasting more than a few minutes leaves a trace in the nervous system. New research and developments in the study of the brain have developed a technique to help trauma patients wipe out unpleasant memories. A protein enzyme called PKMzeta has been found to be absolutely necessary for storing memory. Adding more of this protein in the brain can strengthen even faded memories. New linkages are held together by this protein enzyme when a memory is formed. Researchers found that by blocking PKMzeta activity, the unpleasant memory will cease to exist.

This leads to a whole set of questions that I am not sure I want to address. In the past, we couldn’t choose what to forget or remember. In the future we may have the power to make an alteration to our memories can be beneficial to those injured in accidents and have post traumatic stress syndrome.  Blocking these painful memories may allow those suffering from serious car accident victims to finally have a way of getting rid of the memories and painful nightmares. This will be life changing.

Everyone has heard about “The McDonald’s Hot Coffee Law Suit”. This was the 1994 product liability lawsuit that became a mantra in the debate in the U.S. over tort reform.   The way this case has been portrayed has given the civil justice system a bad image. You have heard it as the elderly lady that spilled coffee and became rich.  Many people are misinformed and are not aware of the real facts of this case, unless you know a personal injury attorney.

On February 27, 1992, seventy-nine year old Stella Liebeck was in the passenger seat of her grandson’s Ford Probe when she ordered a 49 cent cup of coffee at the drive through of a McDonald’s in Albuquerque, New Mexico.  Shortly thereafter, she spilled the coffee in her lap and sustained a series of very serious painful burns.  A jury awarded $160,000 to cover medical expenses and compensatory damages in addition to $2.7 million in punitive damages to Liebeck.  But her story has been grossly manipulated over the years to make her appear as someone who just wanted to get rich from her own mistake.  Well now you can get the real story and see how the American public has had the wool passed over their eyes by the insurance industry.

I watched the HBO documentary film titled “Hot Coffee” last night.  It actually told the truth and pulled back the veil of misconceptions of this case. The film shows the American public the true value of our civil justice system and how justice was served for Mrs. Liebeck.  The film touches on such common misunderstandings about this case

• Ms. Liebeck’s burn severity (look at the burns and your stomach will turn)
• Her supposed desire to get rich from her injury (she originally only asked McDonald’s to pay her medical expenses and lost wages, they didn’t).
• The fact that she was a passenger
• That McDonald’s required coffee to be served at 180º – 190º.

The film also discussed in great dept how Liebeck v. McDonald’s Restaurants is often used and misused to describe a frivolous lawsuit and referenced in conjunction with tort reform efforts.  McDonald’s, the insurance industry, and the United States Chamber of Commerce (which isn’t a government agency, its members consists of large corporations) have distorted the facts of Liebeck’s case to the point that what the public believes is nowhere close to the actual facts.

Watch the film and like many Americans your opinions will change. The truth about the case has opened up American minds Justice should prevail and no one should take our rights away.  Many stated that the claim was “a meaningful and worthy lawsuit” after watching this documentary.

When you watch this film you will hear from jurors on the case and you will know why the jury gave the verdict they did.  You will know why the American Justice system is the best and greatest system in the world!  Justice prevails and did here.  Our jury trial system is one of America’s most valuable assets.  It allows anyone to go to court and be on a level playing field with even the biggest corporations.  It takes courage to go to court and seek justice.  I am honored to be a part of this great system in this great country.

Facebook is everywhere. I am on it.  My kids are on it.  Even my mother-in-law is on Facebook. Millions of people are using it every day. It is a social networking site that can be useful, addictive and an important source of information. Facebook is a tool utilized by employers, investigators, police officers, lawyers and even by insurers to do background checks.

Through Facebook lawyers have found evidence for cases of fraud, police have caught criminals, and insurance adjusters have collected information that would lower the value of insurance claims. Insurance companies are now monitoring social media sites. This may take money from accident victim’s pockets. Check out this news story from Seattle that shows how posting on Facebook can lead to lowering the value of your personal injury damage claim or delay you receiving medical treatment for your injury.

I can tell you that this guy wasn’t smart about it but in my opinion the insurance company over reacted. Kurt Norland posted pictures of himself drinking a beer and hanging out at the beach while he was collecting worker’s compensation benefits. Based on the pictures his benefits were cut off and a shoulder surgery postponed. This was done by the insurance company even though an MRI showed a rotator cuff tear. Did Norland deserve this treatment from the insurance company? Probably not, but he put himself in this situation by not monitoring his Facebook account and making his posts private. Never post anything on Facebook or any social media site that in any way could lower the value of your personal injury claim. His case was eventually won by his attorney, but I am sure the delays and the fact that no benefits were being paid was frustrating.

Another person posted a video of him pulling kids on an ATV while collecting disability. A lady was tagged in photos showing her taking helicopter flying lessons while she claimed to be severely injured. If they weren’t hurt this may be insurance fraud, but what were they thinking? These posts have destroyed their claims at the very least.

As a Facebook, Twitter & LinkedIn one must control the privacy settings. As a personal injury attorney I suggest you mke sure that your profile, photos, videos and posts are only visible to your friends and not to everyone else. It is also important to choose your friends well. You might approve someone you don’t know whose job is to investigate you through your Facebook account. In some cases even the apparently irrelevant is twisted to make you look uninjured or to be lying about your injury. Insurance companies might find something that could ruin your insurance claim and cave you to receive less then what you deserve or nothing. The bottom line is, check what you post and be in control of your privacy settings.

There are many insurance companies we can choose from.  We all see their commercials everyday that concentrate on trust for example, “You’re in good hands” or “Like a Good Neighbor”.  Insurance Companies make money by collecting premiums from us, the consumer.  Do you know what tactics insurance companies use that will increase their profits?  What do they not want you to know?  How do they get the most money possible from you and keep it.  Here is a list of the insurance industries’ 10 dirty little secrets:

1. Ratings are used but consumers are not allowed to see them

ISO, a New Jersey-based company, provides information to car insurance companies about the likelihood of certain models of cars being involved in accidents and how severe those accidents will be. A company press release states that its’ rating plan leads to surcharges of up to 25% for some cars.  For other cars there are discounts of up to 20% against the insurance rates.  This service looks at nearly 300 makes and models of vehicle.

This information would be useful to consumers to use when buying a car whether a safer car or to keep car insurance rates down.  Unfortunately, these ratings are not available to the public.  How easy would it be to put these statutes on a new or used car sticker?  I would love to see them the next time I buy a car.

2. FICO risk scores are used but cannot be seen

An insurance risk score developed by FICO is used by insurance companies to help determine what to charge consumers for auto insurance. You can get a copy of your FICO credit report you cannot get or see but the insurance risk score.  I didn’t know I was charged based on my credit history!  Even worse the insurance companies own interpretation of my credit history.

3. Proprietary software might be used to shortchange you

Information about your injury after a car accident can be fed into a computer program called Colossus, TEACH or SMART.  These programs are used to generate settlement offers for bodily injury claims from motor vehicle accidents. The Consumer Federation of America warns that chances are better than average that this software is rigged to keep offers low.  In other words, as others contend, the software is “tuned” to lowball injury claims.  As a Kentucky personal injury attorney I have reviewed documents that show that settlement dollars paid have decreased substantially since insurance companies began using computer programs to put values on injury claims.

4. They know if your attorney is a wimp

Insurers have better sources of information on this topic. In evaluating the value of bodily injury claims, Colossus evaluates the attorney who’s representing you. Defense attorney says that insurance companies want to find out if your attorney is likely to roll over for an inferior settlement offer – or has the backbone for a courtroom fight.  Your attorney makes a difference.

5. Insurers sneak percentage-based deductibles into your police

According to the Lawyers.com website, a renewal contract could have a $1,000 deductible for fire losses include or up to a 25% deductible for hurricane damage in some high-risk areas. That 25% can translate into significant dollars out of your pocket and significant savings for the insurance company.

Percentage deductibles may be necessary to provide coverage to storm-prone areas but homeowners must review on the insured value of their property whenever they make improvements.  Look at your renewal policy to make sure there have been no changes.

6. Pottery Barn items might be replaced with Wal-Mart

Insurance company adjusters often dispute the value of furniture, jewelry and other items lost in a flood or fire. They might offer discount-merchandise prices or the current value rather than the true replacement cost. Insurance companies might also try to wear you down with lowball offers by switching adjusters and forcing you to start the process over again.  Keep all your receipts so you can prove where you bought an item and the real value of it.

7. They make hospitals charge smaller insurers more

If you’re not a Blue Cross customer, you may end up paying more in premiums.  This is because your insurance company did not negotiate a deal with a hospital or doctor before Blue Cross did.  Officials say that in some cases, Blue Cross required hospitals to charge other insurers as much as 30% to 40% more than they charge Blue Cross.  Ask what the negotiation prices are when shopping for insurance.

8. They force you to buy a more expensive homeowner’s policy

In some cases, the deck is stacked against a consumer who seeks affordable insurance. Homeowners who fall behind in their home insurance payments are penalized. Mortgage lenders may obtain another insurance policy and bill you for it under your mortgage agreement.  Then you are stuck with force-placed insurance.

9. ‘Preferred providers’ may cut costs without telling you

Insurance companies may refer you to ‘preferred providers’ for remodeling work when your home is damaged. These providers are usually contractors who have an ongoing business relationship with the insurer.

In cases like this, the insurance company gives you a check based on the estimate the insurance company gives you.  They want you to take the claim money the insurance adjuster sets aside for repair and hire your own licensed contractor and to be in control over the process.  Sometimes you can’t get the work done for this amount.

10. They do not contact your beneficiaries when you die

Insurers use a Social Security file called “Death Master” to cancel a life insurance annuity when a policyholder dies which will benefit the insurer. Millions of dollars remain unclaimed since insurance companies did not contact beneficiaries of the policies after the death of the insured member because the policy was cancelled.

This is alarming, isn’t it?  Insurance companies create the perception that they will do anything to please the consumer. They allow customers to pay more while smiling and knowing they have hidden agenda that will benefit the company’s personal interest and pocket book.  Be informed on the process.  Ask the right questions so you can get the insurance coverage you need to protect your family, and a good value.

Northern Kentucky Motorists were warned to watch for zombies along the I-71 and I- 75 corridor earlier this week. The electronic road sign near Kentucky 18 about upcoming road work was changed on Thursday morning from “Nightly lane closures, road work ahead” to “Nightly lane closures, zombies ahead.” This happened after the pranksters hacked the sign and switched the message.

Nancy Wood, Kentucky Transportation Cabinet spokeswoman said that the Transportation Cabinet found out about the message Thursday mid-morning and turned it off until the sign will be fixed. According to Wood, officials were not amused by the prank. The gag was hardly original. Incidents like this happened in 2009 in Florida, Pennsylvania, Maryland, Illinois and Texas. Someone posted a zombie warning on a highway sign in South Carolina last March.

A lot of people have different reactions on this report. Others find it hilarious and appreciated the Pranksters for they made motorists slow down on the road looking on the sign. Others say that officials must not let this thing happen again. I chuckled when I first saw the story. It was kind of funny until I thought of the horrible accident this could have caused. One extra second looking away from the road to read the sign that required that extra look could have been enough to cause a fatal accident. No one should joke around when it comes to safety on Kentucky highways!

Distracted driving is any non-driving activity a person engages in that has the potential to distract a driver from the primary task of driving that increases the risk of having a car accident.  Evidence shows that cell phone use is one of the most dangerous distractions for drivers and a common cause of car collisions.

According to the National Highway Traffic Safety Administration distracted driving kills approximately 5,500 people annually. Nearly 1 in 4 of these fatal accidents involves cell phone use.  Are you alarmed about this? I know it *%#*& me off!

Thankfully there are organizations, such as FocusDriven, that are active in reminding us that no phone call or text message is worth a life.  FocusDriven is a nonprofit advocacy organization for distracted driving victims, including the use of cell phones.  A newly redesigned FocusDriven website (www.focusdriven.org/summit) was launched to increase awareness about the dangers of cell phone use while driving.  The website was announced at the Illinois Distracted Driving Summit in Addison, Illinois. The summit was hosted by FocusDriven and the National Safety Council in partnership with Shriners Hospital for Children-Chicago. 

The site has a summit resource guide that includes video clips, presentations and other resources.  It also includes a searchable database of victims where photos and messages from friends and family members can be shared via a memorial wall.  Unfortunately the victims of distracted driving are increasing.  This is just one important way bring awareness to and hopefully decrease the number of fatal car accidents caused by distracted driving. 

Janet Froetscher, president and CEO of the National Safety Council said, “The National Safety Council supports FocusDriven in the fight to end cell phone use on our roadways, both in Illinois and nationwide.”  She added that they are helping FocusDriven form resources that others can use to compel change in their states through the summit.

In my own personal view, an effective summit against distracted driving should also be brought in the state of Kentucky.  Many lives here in Kentucky are lost due to distracted driving.  Our current law does not appear to be working, although four months may not be long enough to see. All I know is when I drive to and from the office I see:

• Cars swerving from lane to lane
• Cars driving slow in the fast lane
• Cars stopped at green lights
• Cars almost rear ending cars

Guess what. Almost always I see the driver on the cell phone. This is against the law, yet people still do it. It is a proven fact that texting while driving is more dangerous the drunk driving, yet people still do it. As a Kentucky personal injury attorney, I see serious car accidents caused by distracted driver more than ever. PLEASE, let’s follow the lead of FocusDriven and get the word out that distracted driving is dangerous.

Driving is not easy.  You should be alert, focused and watchful because anything can happen along the road that could cause a Kentucky car accident.  Due to negligent drivers, any kind of distractions and natural occurrences accidents happen. Animals can be a factor that causes car wrecks in Kentucky.

As a personal injury attorney I often get calls from someone who has hit a deer and damaged their car and sometimes suffered injuries. They want to know what can be done. You own car insurance will pay for the damage to your car if you have collision coverage. If you are injured your medical bills will be paid by your car insurance under your PIP benefits. What about your pain and suffering? Well you can’t sue the deer.

Often hitting an animal is just an unfortunate accident. There is no negligent or at-fault party that can give you compensation for your injuries. You should, however, always contact a Kentucky personal injury attorney to have your fact situation reviewed. Under some circumstances there may be someone that you can receive compensation from. One fact situation I can think of is when a driver hits a deer and over reacts and goes into the path of another car causing a car accident. If someone in the other car is injured they may be able to collect from the car that hit the animal.

I read an interesting blog last month that listed other animals that contribute to road accidents that cause serious injuries and even fatal deaths. Check out http://www.satellitedish.org/blog/2011/top-10-animals-that-cause-car-wrecks/

They list deer as the number one cause of accidents. Here is their Top 10 list of animals that cause car wrecks:

1. Deer
2. Wild Turkey
3. Squirrels
4. Ducks.
5. Dogs
6. Cats
7. Birds
8. Raccoons
9. Bunnies
10. Opossum

For more information on these animals go to http://www.satellitedish.org/blog/2011/top-10-animals-that-cause-car-wrecks/. As a personal injury attorney I suggest you be alert and careful, especially at night. If you do come across an animal in the road don’t try to avoid it. It is usually best to hit it head on. This allows you to keep control of your car. Hopefully you will not have to call a personal injury attorney and ask the question: “What can I do, I just hit an animal and I am hurt?”