Columbus Personal Injury Lawyer - Miscellaneous

Plane Crash in Ohio Kills 4

Jenny Albano — Sat, 12 Jan 2008 16:32:06 GMT

According to the Ottawa County Sheriff's Department, A plane crash in northwest Ohio killed four people on Saturday, January 12 at around 1 P.M.

Many different agencies, including The Ottawa County Sheriff's Department, the Fremont Post of the Ohio Highway Patrol, and others responded to the scene of the crash.

The crew of the twin-engine Cessna 340 announced their intention to land at the Erie-Ottawa Regional Airport over the radio about noon, airport director Jack Stables said. He did not know where the flight originated. Stables said he watched the plane fly across a field near the airport to begin the landing pattern with no indication of distress.

The small Cessna 340, that can fit six passengers, crashed in a rural area around 200 to 300 feet from a house. The plane looked like it was preparing to land because its landing gear and flaps were down. No one on the ground reported any injuries.

The sheriff's department did not know how many people were on the plane and could not identify the deceased. No other details of the crash were immediately known and disclosed.

For more information on this subject, please refer to our section on Mass Transit Accidents.

Originally posted at InjuryBoard by Jenny Albano

Cause of Airplane Accident Data

Scott Smith — Sat, 18 Aug 2007 09:51:42 GMT

Causes of Each Disaster

Air Traffic Control Error

6/13/1947 Leesburg, Virginia Pen Central Air
11/11/1949 Arlington, Virginia Eastern /U.S. AF
4/14/1958 Castel de Fels, Spain Aviaco
7/21/1961 Shemya, Alaska Alaska, AL
2/8/1965 New York, New York Eastern AL
1/14/1970 Mt. Pumacona, Peru Faucett
2/6/1970 Samarkand, USSR Aeroflot
12/20/1972 Chicago, Illinois Delta/North Central
9/9/1976 Adler, Russia Aeroflot/Aeroflot
9/10/1976 Gaj, Yugoslavia Inex/British
8/11/1979 Dneprodzerzhinsk, USSR Aeroflot
2/1/1991 Los Angeles, Ohio USAri/Skywest
5/19/1993 Medellin, Colombia SAM
11/7/1996 Lagos, Nigeria Aviation Dev. Corp.
9/29/1997 Buah Nabar, Indonesis, Garuda Indonesian AL

Bird Strike

10/4/1960 Boston, Massachusetts Eastern AL
11/23/1962 Ellicott, Maryland United AL
9/15/1988 Bahar Dar, Ethiopia Ethiopian AL
4/18/1990 Off Panama Aero Perlas
9/22/1995 Anchorage, Alaska U.S. Air Force

Cargo Hold/Cabin Fire

7/9/1945 Florence, South Carolina Eastern AL
6/17/1948 Mt. Carmel, Ohio United AL
8/2/1949 Jaquirna, Brazil Varig
1/9/1964 Zarate, Argentina Aero Litoral Argentina
7/9/1964 Parrottsville, Tennesee United AL
7/26/1969 Biskara, Algeria Air Algerie
8/14/1972 Konigs, East Germany Interflug
8/31/1972 Magnitogorsk, Russia Aeroflut
7/11/1973 Paris, Orly, France Varig
11/3/1973 Boston, Massachusetts Pan American
11/26/1979 Ta'if, Jeddah, Saudi Arabia Pakistan Inter. AL
8/19/1980 Riyadh, Saudi Arabia Saudi Arabian, AL
12/24/1982 Guangzhou, China CAAC
6/2/1983 Covington, Kentucky Air Canada
7/2/1986 Skytvar, Russia Aeroflot
5/9/1987 Warsaw, Poland LOT
11/28/1987 Mauritius, Indian Ocean South African Airways
1/13/1990 Pervouralsk, Russia Aeroflot
7/12/1995 Gumey, New Guinea Milne Bay Air
5/11/1996 Everglades, Florida ValuJet
9/2/1998 Peggy's Cove, Nova Scotia Swissair

Design Flaw

3/31/1933 Bazaar, Kansas Trans Cont & Western AL
10/24/1947 Bryce Canyon, Utal United AL
11/11/1947 Gallup, New Mexico American AL
6/17/1948 Mt. Carmel, Ohio United AL
8/29/1948 Winona, Minnesota Northwest Orient AL
5/2/1953 Jalalogori, India British Overseas AW
1/10/1954 Elba, Italy British Overseas AW
4/8/1954 Off Stomboli, Italy Trans Canada AL
2/5/1955 Calabar, Nigeria West African AW
9/29/1959 Buffalo, Texas Braniff AL
3/17/1960 Tell City, Indiana Northwest Orient AL
7/5/1970 Toronto, Canada Air Canada
7/6/1982 Moscow, Russia Aeroflot
7/30/1992 New York, New York Trans World AL
4/6/1993 Over the Pacific Ocean, China Eastern AL

Sabotage - Explosive Device

3/28/1933 Diximude, Belgium Imperial AW
10/10/1933 Chesterton, Indiana United AL
5/7/1949 Sibuyan Sea, Philippines Philippine AL
9/9/1949 Sault-aux-Cochons, Canada Canadian Pacific AL
8/12/1952 Palmeria De Goias, Brazil Transe Aero Nac.
4/11/1955 Great Natuna Island, Sarawak Air India
11/1/1955 Longmont, Colorado United AL
7/25/1957 Daggett, Ohio Western AL
4/17/1959 Puerto Kino, Mexico Tigres Voladores
9/6/1959 Poza Rica, Mexico Mexicana
11/16/1959 Gulf of Mexico National AL
1/6/1960 Bolivia, North Carolina National AL
5/10/1961 In Amenas, Libya Air France
5/22/1962 Unionville, Missouri Continental AL
12/8/1964 Tripuani, Bolivia Aerolineas Abaroa
7/8/1965 Dog Creek, British Columbia Canadian Pacific AL
11/22/1966 Aden, Yemen Aden, AW
2/9/1967 Mexico City, Mexico Cubana
10/12/1967 Rhodes, Greece British European AW
12/22/1969 Nha Trang, Vietnam Air Vietnam
2/21/1970 Zurich, Switzerland Swissair
4/21/1970 Manila, Philippines Plilippine AL
11/21/1971 Penhu Island, Taiwan China AL
1/26/1972 Hermsdorf, Czechoslovakia JAT
6/15/1972 Pleiku, Vietnam Cahtay Pacific AW
3/19/1973 Ben Me Thout, South Vietnam Air Vietnam
4/21/1973 Patabangan, Philippines Philippine AL
12/17/1973 Rome, Italy Pan American AW
9/8/1974 Ionian Sea, Greece Trans World AL
1/1/1976 Al Qaysumah, Saudi Arabia Middle East AL
10/6/1976 Bridgetown, Barbados Cubana
2/19/1979 Barentu, Ethiopia Ethiopian Airlines
6/27/1980 Tyrrhenian Sea, Italy Itavia
12/21/1980 Rio Hacha, Colombia Trans. Aeroeo del Caribe
9/23/1983 Mina Jebel Ali, UAE Gulf Air
6/23/1985 Atlantic Ocean, Ireland Air India
4/2/1986 Athens, Greece Trans World AL
5/3/1986 Colombo, Sri Lanka Air Lanka
11/26/1987 Andaman Sea Korean AL
3/1/1988 Johannesberg, South Africa Comair
12/21/1988 Lockerbie, Scotland Pan American AW
9/19/1989 Bilma, Niger Union des Trans. Aeriens
11/27/1989 Bogota, Colombia Avianca
7/19/1994 Colon, Panama Alas Chiricanas
12/11/1994 Pacific Ocean, Okinawa Philipine AL
7/9/1997 Suzano, Brazil TAM
3/3/2001 Bangkok, Thailand Thai Airways

Fuel Starvation

5/6/1936 Macon, Missouri Transcon. & West Air
12/31/1935 Alexandria, Egypt Imperial AW
1/14/1936 Goodwin, Arkansas American AL
7/2/1937 Lae, New Guinea Purdue Res. Found.
11/28/1938 Off Point Reyes, California United Air Lines
2/9/1943 Gander, Newfoundland British Overseas AW
12/26/1946 Michigan City, Michigan American AL
1/5/1947 Carmel, Ohio Nationwide Air Trans.
1/11/1947 Lympne, England BOAC
1/7/1948 Savannah, Georgia Coastal Air Lines
1/30/1948 Near Bermuda British So. Am. AW
12/28/1948 San Juan, Puerto Rico Airborne Transport
8/15/1949 Lurga Point, Ireland Transocean Air Lines
7/28/1950 Porte Alegre, Brazil Penair do Brasil
4/30/1952 Delhi, India Deccan, AW
6/19/1954 Folkestone, England Swissair
12/22/1954 Pittsburgh, Ohio Johnson Flying Service
4/4/1967 Stockport, England British Midland AW
5/2/1970 St. Croix, Virgin Islands Antillian AL
8/11/1974 Ouagadougou, Upper Volta Air Mali
10/20/1977 Gillsburg, Mississippi L & J Company
12/2/1977 Al Bayda, Lebanon Balkan Bulgarian AL
12/28/1978 Portland, Oregon United AL
9/4/1982 Rio Branco, Brazil Cia Bras. De Tratores
7/23/1983 Gimli, Manitoba, Canada Air Canada
9/3/1989 Sao Jose do Xingu, Brazil Varig
1/25/1990 Cov Neck, New York Avianca
9/11/1990 Off Newfoundland, Canada Faucett
6/26/1991 Sokotu, Nigeria Okada Air
11/15/1993 Kerman, Iran Magistralnye Avialinii
9/18/1994 Tamanrasset, Algeria Oriental Air
9/26/1994 Vanavera, Russia Cheremshanka AL
9/11/1995 Jalabad, Afghanistan Ariana Afghan AL
10/31/1995 Piedras Negras, Mexico TASCA
4/5/1996 Petropavlovsk, Russia Krasnoyarskie AV
1/13/1998 Tor Kach, Pakistan Ariana Afghan AL
3/23/2000 Kadirana, Sri Lanka OMSK

Hijiacking (resulting in fatalities)

7/16/1948 Pacific Ocean Cathay Pacific AW
11/1/1958 Nipe Bay, Cuba Cubana
4/28/1960 Calabozo, Venezuela Linea Aero. Venezolana
1/23/1971 Sokcho, South Korea Korean Air Lines
12/6/1971 Tikaka, Sudan Sudan AW
5/28/1973 Chita, Russia Aeroflot
9/15/1974 Phan Rang, Vietnam Air Vietnam
5/23/1974 Zamboanga, Philippines Philippine AL
6/27/1976 Entebbe, Uganda Air France
12/4/1977 Kampung Ladang, Malaysia Malaysia AL
6/14/1985 Athens, Greece Trans World AL
11/24/1985 Luqa, Malta Egyptair
9/16/1986 Karachi, Pakistan Pan American AW
12/25/1986 Ay, Saudi Arabia Iraqi AW
7/24/1987 Geneva, Switzerland Air Afrique
4/5/1988 Combi, Cyprus Kuwait AW
10/2/1990 Guangzhou, China Xiamen/China SW AL
8/28/1993 Khorag, Tajikistan Tadzhikistan Nat. AL
12/26/1994 Algers, Algeria Air France
11/23/1996 Moroni, Comoros Islands Ethiopian AL
7/23/1999 Tokyo, Japan All Nippon AW
9/11/2001 New York, New York American Airlines
9/11/2001 New York, New York United Airlines
9/11/2001 Washington, D.C. American Airlines
9/11/2001 Somerset County, Ohio United Airlines

Lightning

7/22/1938 Stulpica, Romania LOT
8/31/1940 Lovettsville, Virginia Penn Central AL
1/17/1951 Civitavecchia, Italy Alitalia
6/26/1959 Varese, Italy Trans World AL
8/29/1960 Dakar, Senegal Air France
7/19/1961 Azul, Brazil Aerolineas Argentinas
12/19/1962 Warsaw, Poland LOT
8/12/1963 Lyon, France Air Inter
12/8/1963 Eklton, Maryland Pan American AW
12/24/1971 Puerto Inca, Peru Lineas Aereas, Nacionales
5/9/1976 Madrid, Spain Iran Air Force
2/8/1988 Mulhein, Germany NFD
6/22/2000 Shitai, China Wuhan AL

Overloading/Improper Loading of Aircraft

3/14/1942 Kunming, China CNAC
1/17/1956 Oreway, Canada Quebecair
6/7/1949 San Juan, Puerto Rico Strato Feight
12/8/1956 Caqueta, Colombia AIDA
10/29/1960 Toledo, Ohio Artic Pacific Air
10/2/1970 Silver Plume, Colorado Golden Eagle, Av., Inc.
9/2/1981 Paipa, Colombia Taxi Aereo el Venado
10/30/1981 Bafoussam, Cameron Cameron AL
12/22/1991 Heidelberg, Germany Classic Wings
7/20/1992 Tbilisi, Georgia Georgian Air
11/11/1992 Tver-Kallinen, Russia Aeroflot
8/26/1993 Aldan, Russia Sakha AL
8/28/1993 Khorag, Tajikistan Tadzhikistan Nat. AL
12/13/1995 Verona, Italy Romania Banat Air
12/18/1995 Kahengula, Angola Trans Service Airlift
11/27/1996 Abakan, Siberia, Russia Russian Air Force
11/30/1996 Medellin, Colombia ACES
5/26/1998 Erdenet, Mongolia MIAT
1/15/2000 San Jose, Costa Rica TACA

Pilot Incapacitation

10/30/1959 Waynesborough, Virginia Piedmont AL
12/14/1962 Burbank, Ohio Flying Tiger Line
10/6/1965 Centennial, Wyoming United AL
4/22/1966 Ardmore, Oklahoma American Flyers AL
3/13/1967 East London, South Africa South Africa AW
1/14/1970 Mt. Pumacona, Peru Faucett
6/18/1972 Staines, Surrey, England British European AW
10/13/1972 Krasnaya, Polyana, USSR Aeroflot
2/9/1982 Tokyo, Japan Japan AL
3/31/1995 Balotesti, Romania Trans Aerine Rom.

Pilots Shot by Passenger

5/7/1964 San Ramon, Ohio Pacific AL
12/4/1977 Kampung Ladang, Malaysia Malaysian AL
12/7/1987 San Luis Obispo, Ohio Pacific Southwest AL

For more information on this subject matter, please review our section on Airline, Cruise, Bus, and Other Mass Transit Accident Accidents.

Originally posted at InjuryBoard by Scott Smith

Immediate Airplane Crash Investigation

Scott Smith — Sat, 11 Aug 2007 09:50:40 GMT

Using a combination of information from government organizations, Smith Phillips - Trial Lawyers immediately investigates all the events and circumstances surrounding a major aviation accident. Depending on the crash, our investigation could include gathering published news articles surrounding the incident, the accident record of a particular aircraft, airline or airport, detailed weather conditions at the time of the accident, or past fines or other sanctions imposed on the subject airline. While this information in no way substitutes for a detailed analysis of a crash by trained investigators and analysts, it is a start to preserve evidence.

Crash Details

Immediately after the crash, there may be one or more news sites with details of the circumstances of the accident. For an accident in any part of the world, CNN is a good starting point. If the accident is in the U.S., involves a U.S. carrier, or has substantial numbers of Americans on board, other useful sites include:

â€¢ USA Today (www.usatoday.com)
â€¢ The New York Times (www.nytimes.com)
â€¢ MSNBC (www.msnbc.com)
â€¢ ABC News (www.abcnews.go.com)
â€¢ CBS News (www.cbs.com)
â€¢ Fox News (www.foxnews.com)

All of these sites offer immediate details about the crash such as the airline, aircraft, number of passengers and crew, casualty estimates, weather conditions and damage or casualties outside of the aircraft. The Web sites of newspapers or television stations in the vicinity of a crash may also have information that is not available on the larger media sites. One way to locate these sites is to use one or more search engines to identify the newspaper, radio or television station Web sties from the area or the crash.

If the crash was in the U.S. or involved an aircraft registered in the U.S., the FAA would be able to provide additional details about the aircraft and the even the first working day after the accident. The FAA provides preliminary information on the last ten days of the crash and incidents. This source provides basic data such as the number of occupants, the number of deaths, the number and severity of injuries, aircraft registration number, and a brief description of the crash. The data from this site can be used to search U.S. government databases for the past events involving the same aircraft model, the particular aircraft or the same airport. If weather may have been a factor, review the following:
â€¢ Accuweather at www.accuweather.com for local weather conditions at the time of the event
â€¢ The National Center for Atmospheric Research at www.ncar.ucar.edu
â€¢ The Weather Channel at www.weather.com for current conditions in selected cities throughout the world
â€¢ The USA Today at www.usatoday.com/weather
â€¢ The Weather Underground at www.wunderground.com

Historical Data

Immediately after an accident in the U.S., the first two places to look are the NTSB database and the FAA incident database. The Web site of the FAA Office of Aviation Safety contains lines to both of these databases from its home page at www.nasdac.faa.com. The NTSB database goes back to 1983 and the FAA database goes back to 1978.

The combination of the NTSB and FAA databases would provide a comprehensive history of the record of U.S. airlines or of aircraft registered in the U.S. for accidents and incidents since 1983. More general information about U.S. air carrier operations can be found in annual report FAA Statistical Handbook of Aviation. This report covers a broad array of U.S. aviation information and includes data on the FAA, capacity and activity in the U.S. airspace system, airports, airport activity, civil air carriers, and the civil air carrier fleet.

In addition to the records in the NTSB and FAA databases, you can also use the resignation number to find out about the owner of an aircraft involved in an incident or accident. There are two options, one is to download the database of the FAA Civil Aviation Registry and search it using a spreadsheet or database program. A more convenient option is to use the registration database at www.landings.com. Once you know the registered owner, you can return to the NTSB and FAA search forms to find out if that owner had been involved in other accidents or incidents.

Although these databases offer a convenient way to access critical information, keep in mind that they do not represent the official record for an aircraft. If you need something more authoritative, contact the FAA, NTSB, or another relevant authority.

Related Details

Additional information about crash or about the aircraft or airline involved in a crash may be found in news releases or official statements from the Web sites for the aircraft manufacture, the airline, the investigating authority (for the U.S. accidents this would be the NTSB at www.ntsb.gov), or the emergency services organizations in the jurisdiction where the event took place. The Web sites www.airsafe.com and Aviation Safety Network at www.aviation-safety.net traditionally have short synopsis of the even and details about the aircraft or the airline.

In all airplane crash cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in questions and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.

For more information on this subject matter, please refer to our section on Airline, Cruise, Bus, And Other Mass Transit Accidents.

Originally posted at InjuryBoard by Scott Smith

Common Carrier (Airplane/Bus) Liability

Scott Smith — Sat, 04 Aug 2007 09:49:36 GMT

The Federal government has created regulations regarding the liability to passengers injured while using a common carrier. A common carrier is one who represents to the public that its business is one of transporting persons or cargo from place to place for compensation, and such services are generally open to the public. Generally, commercial buses, ferries, trains, and airplanes are considered common carriers. Ohio regulates persons or operations engaged in intrastate air commerce as common carriers. There are some exceptions to this definition, such as with certain airplanes, vessels, "scenic railroads," or private charter transportation. In most situations, a common carrier is generally required to use the highest degree of care, diligence, and vigilance in the transport of its passengers to the appropriate destination. The carrier must have the necessary equipment and a reasonable degree to sill to carry out the transportation of passengers.

In all common carrier incidents, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.

Originally posted at InjuryBoard by Scott Smith

Economy Class Syndrome

Scott Smith — Sat, 28 Jul 2007 09:47:49 GMT

When you travel by air you should be aware of an increased risk of thrombosis. The condition has been dubbed "Economy Class Syndrome", as cramped seats suffered by economy passengers on long-haul flights make it difficult for blood in the legs to flow properly. It is a misleading phrase because people traveling first class, and even pilots have been affected. According to reports, three members of the British Olympic team suffered potentially fatal blood clots when flying to Australia for the Sydney Olympics. Thus, even strong, fit and health people can be susceptible to thrombosis when traveling by air. A Japanese doctor, Dr. Toshiro Makino, says 25 people have died at Tokyo airport over the past eight years due to blood clots caused by cramped airline seating. A study by the Nippon Medical School clinic at Tokyo's Narita airport found 100 to 150 passengers a year were treated at the clinic for the problem after arriving on long-distance flights. Of these cases, 50 to 60 were regarded as serious.

Factors that can increase the risk of thrombosis include thrombophilia (an underlying tendency to get blood clots), age (elderly passengers are more at risk), diet (overweight passengers are more at risk), aircraft (those with more dry, recirculated air may be a factor), and seating (economy class passengers are more at risk due to cramped seating). There are a number of suggestions for avoiding this problem:
â€¢ Seek advise from a physician before flying
â€¢ Wear compression stockings if you have a tendency towards significant swelling in the lower legs
â€¢ Drink plenty of water and avoid alcohol
â€¢ Make yourself as comfortable as space allows
â€¢ Walk up and down in the aisle when possible

Originally posted at InjuryBoard by Scott Smith

Toxic Torts

Scott Smith — Sat, 21 Jul 2007 14:00:45 GMT

A toxic tort the legal terms for the harm that results from wrongful exposure of a harmful chemical or biological substance through ingestion, inhalation, skin contact, or skin absorption. Examples of toxic tort litigation include but are not limited to cases concerning lead paint (causes brain damage, especially in children), asbestos (causes lung cancer, restrictive lung disease), pesticides (causes birth injuries), toxic molds (causes various symptoms), and electro-magnetic fields from utility wires to major appliances (suspected to cause cancer) and toxic landfill/spill waste (causes leukemia and other syndromes).

Toxic substances are regulated under the Toxic Substances Control Act (TSCA). The TSCA was enacted in 1976 to give EPA the ability to track the 75,000 industrial chemical currently produced or imported into the United States. The EPA repeatedly screens these chemicals and can require reporting or testing of those that may pose an environmental or human-health hazard. EPA can ban the manufacture and import of those chemicals that pose an unreasonable risk. Despite government efforts to protect your health, millions of people at home, at work and during their leisure time are being exposed to and injure by toxic substances every day.

Due to the nature of toxic substance accidents and long latency periods, many cases are often not brought until many years after victims discover they were exposed to the toxins. Exposure to toxic substances is particularly harmful for industrial workers who may have been exposed to high levels of toxins over a long period of time. Exposure to toxic substances is also particularly harmful to children who are generally more sensitive to toxic agents and who have a greater likelihood of exposure as a result of play habits and behavior patterns. It is rare for toxic exposure to affect just one person, especially in causes of environmental contamination. It is very common for groups of people who have all been exposed to the same toxin because of the same event (for instance, an accidental release of radiation from a nuclear power plant) or because of the same occupation (for instance, repeated exposure to dry cleaning fluid by people in the cleaning industry) to bring legal claims as a group in order to seek redress for wrongful toxic exposure. As a result, toxic tort cases are often brought as class actions.

There are many different legal theories, including negligence, premises liability, breach of warranty, misrepresentation, and strict products liability that are used to establish liability. Proving that a toxic substance has injured a person, however, requires hard work and experience.

In all Toxic Tort cases it is essential that measures be taken promptly to preserve evidence, investigate the incident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injury.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.

Originally posted at InjuryBoard by Scott Smith

Nursing Home Regulations

Scott Smith — Sat, 16 Jun 2007 13:54:34 GMT

Nursing homes are regulated by the federal government under the Omnibus Reconciliation Act of 1987 (OBRA), 42 U.S.C. Â§1395-1396 (1999). State governments are also involved in the regulation of nursing homes. Under OBRA, state governments are responsible for licensing and certifying nursing homes in their states. In order for nursing homes to receive Medicare or Medicaid, facilities must comply with OBRA provisions.

The primary goal of OBRA is to establish uniform standards for nursing homes and ensure the protection and safety of patients. For example, under OBRA, nursing homes must be inspected annually. Nursing homes are also required to create individualized care plans, reduce the use of chemical and physical restraints, and ensure that staff members are properly trained for special need situations.

Although OBRA seeks to protect residents in nursing homes, OBRA does not allow nursing home residents to file a lawsuit in order to enforce OBRA regulations. State and federal agencies, however, are able to impose penalties or seek legal action for OBRA violations.

State Legislation

Because states are responsible for licensing and certification of nursing homes, most states have adopted similar provisions found in OBRA. One provision that states have widely adopted a "Resident Bill of Rights." A resident bill of rights requires a nursing home to provide certain rights to residents. The rights generally grant residents in nursing homes a right to a dignified existence, self-determination, and access to other persons and services inside and outside the facility. Residents also have a right to be free from coercion, discrimination, interference and reprisal from the facility. If a nursing home fails to meet these rights, it may be penalized, or have their license revoked.

Some states also have statutes that provide patients various remedies for nursing homes malpractice. In Ohio, persons who violate a position of trust or confidence of an incapacitated or vulnerable resident may be liable for actual or consequential damages. Persons may also be held criminally liable.

Smith Phillips - Trial Lawyers is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved one has been victimized by medical malpractice while in the care of senior citizen facility, call Smith Phillips - Trial Lawyers at 614-846-1700 or 1-888-311-5297.

Originally posted at InjuryBoard by Scott Smith

Government Regulation of Nursing Homes

Scott Smith — Sat, 09 Jun 2007 13:53:27 GMT

The Center for Medicare & Medicaid (CMS) is the component of the Federal Government's Department of Health and Human Services that oversees the Medicare and Medicaid programs. A large portion of Medicaid and Medicare dollars is used each year to cover nursing home care and services for the elderly and disabled. State governments oversee the licensing of nursing homes. In addition, State have a contract with CMS to monitor those nursing homes that want to be eligible to provider care to Medicare and Medicaid beneficiaries. Congress established minimum requirements for nursing homes that want to provide services under Medicare and Medicaid. These requirements are broadly outlined in the Social Security Act (the Act). The Act also entrusts the Secretary of Health and Human Services (DHHS) with CMS, a DHHS Agency, is also charged with the responsibility of working out details of the law and how it will be implemented, which it does by writing regulations and manuals.

CMS contracts with each State to conduct onsite inspections that determine whether its nursing homes meet the minimum Medicare and Medicaid quality and performance standards. Typically, the part of State government that takes care of this duty is the health department or department of human services. In Ohio, Public Health Council within the Department of Health Services is responsible favor protecting the health and safety of nursing care institutions. The State conducts inspections of each nursing home that participates in Medicare and/or Medicaid on average about once a year. Nursing homes pursuant to the social security act are required to cooperate with the Ohio Department of health in mandatory annual inspection under the Omnibus Budget Reconciliation Act O.R.C. Ann. Â§3721.04. If the nursing home is performing poorly, however, the State inspectors may have to go in more frequently. The State also investigates complaints about nursing home care. During the nursing home inspection, the State looks at many aspects of quality. The inspection team observes resident care processes, staff/resident interaction, and environment. Using an established protocol of residential rights, the team interview a sample of residents and family members bout their life within the nursing home, and interview caregivers and administrative staff. O.R.C. Ann. Â§3721.04.

Depending on the nature of the problem, the law permits CMS to take a variety of actions; for example, CMS may fine the nursing home, deny payment to the nursing home, assign a temporary manager, or install a State monitor. CMS considers the extent of harm caused by the failure to meet requirements when it taken an enforcement action. If the nursing home does not correct its problems, CMS terminates its agreement with the nursing home. As a result, the nursing home is no longer certified to provide care to Medicare and Medicaid beneficiaries. Any beneficiary residing in the home at the time of the termination are transferred to certified facilities.

Smith Phillips - Trial Lawyers is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured. If you feel that you or a loved on has been victimized by medical malpractice while in the care of senior citizen facility, call Smith Phillips - Trial Lawyers at 614-846-1700 or 1-888-311-5297.

Originally posted at InjuryBoard by Scott Smith

Nursing Home Malpractice (Negligence)

Scott Smith — Sat, 02 Jun 2007 13:51:24 GMT

In The United States today, there are over 36,000,000 people over the age of 65. According to statistics, many will need some form of assisted living, whether it is a nursing home, assisted living facility or other elderly facility. Due to the fact that long-term care for the elderly is typically extremely expensive (well over $5,000 per month in many jurisdictions), the vast majority of residents go through most, if not all, of their assets in a manner of months and then become eligible for federal Medicaid benefits. Indeed, the cost of over 90% of nursing home residents is paid by Medicaid. As such, almost all nursing home facility receive Medicaid funds.

According to the best available estimates, between 1 and 2 million Americans age 65 and older have been abused in some way or another. Nursing home residents have patient rights and certain protections under the law. Pursuant to 42 U.S.C.A. 1396r(c)(1)(B)(i) the nursing home must list and give all new residents a copy of these rights. Resident rights include but are not limited to:

â€¢ Respect: You have the right to be cared for in such a manner as to enhance your quality of life. 42 U.S.C.A. 1396r(b)(1)(A)
â€¢ Services and Fees: You must be informed in writing about services and fees before you enter the nursing home. 42 U.S.C.A. 1396r(c)(1)(B).
â€¢ Money: You have the right to manage your own money or choose someone else you trust to do this for you. 42 U.S.C.A. 1396r(c)(6)(A), 42 U.S.C.A. 1396r(c)(6)(B).
â€¢ Privacy: You have the right to privacy, and to keep and use your personal belongings and property as long as it doesn't interfere with the rights, health, or safety of others. 42 U.S.C.A. 1396r(c)(1)(iii).
â€¢ Medical Care: You have the right to be informed about your medical condition, medications, and to see your own doctor. You also have the right to refuse medications and treatments. 42 U.S.C.A. 1396r(c)(1)(A)(i)

Whether a caregiver fails to meet the needs of the senior (neglect) or actually physically or mentally abuses a resident, nursing home abuse is not common in today's society, and we must do our best to prevent it. Recently, there has been increased recognition that elderly and dependent adults are subject to risks of abuse, neglect and abandonment. The abuse can be recurrent neglect or a single egregious event which produces injury, either physical or financial. There are several common types of injuries that are suffered as a result of recurrent neglect, including:

â€¢ Falls and fractures
â€¢ Physical or chemical restraints
â€¢ Malnutrition or dehydration
â€¢ Improper, wrong or over-medication
â€¢ Bed sores
â€¢ Lack of supervision (allowing residents to wander away from the facility)
â€¢ Physical abuse or unexplained injury
â€¢ Weight gain or loss
â€¢ Septic shock
â€¢ Gangrene
â€¢ Aspiration pneumonia
â€¢ Theft of money and personal property
â€¢ Unsanitary conditions
â€¢ Untrained or insufficient staff
â€¢ Over-sedation
â€¢ Abandonment
â€¢ Substandard medical care
â€¢ Poor personal hygiene
â€¢ Defective equipment
â€¢ Sexual assault

The Federal statute, the Omnibus Budget Reconciliation Act or "OBRA", 42 USCA 1396 et seq., and its interpretive guidelines, spells out how nursing homes are ultimately responsible for the health, medical care and well-being of their residents. A federal bureau known as the Health Care Financing Administration oversees compliance with these regulations. HCFA enforces guidelines for the evaluation, care and treatment of residents, aimed at maximizing the quality of each resident's daily life and minimizing abuse and neglect. If continued and the home can continue to receive government funds such as Medicare/Medicaid. If not, the home may lose its ability to receive these benefits. Care is expected to improve as nursing homes take steps to prevent injuries and avoid litigation, which is increasing.

Before proceeding with litigation, a review of the medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder's treatment or documents which will assist in evaluation. This should include inquiries regarding complaints and/or third party investigations by governmental authorities. Because most victims in nursing home cases are long past the stage of earning wages and often have short life spans, analysis of these cases is different. Important factors which may impact the amount of damages that may be recovered include the egregiousness of the nursing home's conduct, whether a pattern of neglect can be shown, and whether injuries from the nursing home's negligence can be distinguishes from the resident's existing disease process.

Smith Phillips is committed to upholding the quality of care in our long-term care institutions by taking swift legal action to compensate nursing home residents and their families for injuries resulting from neglect or inadequate care. Only this way will the quality of care for all residents be assured.

Originally posted at InjuryBoard by Scott Smith

Experts Involved in Treating and Proving Traumatic Brain Injury

Scott Smith — Sat, 26 May 2007 13:50:28 GMT

A traumatic brain injury (TBI) from an automobile accident, fall or medical error is sometimes hard to diagnose and treat, depending upon the severity of the trauma.

An array of experts may be involved in diagnosing and caring for and proving traumatic brain injury. Among the many specialists that may either diagnoses, treat victims or be employed by lawyers as experts are the following:

Neurologist - specializes in the medical treatment of the nervous system: the brain, spinal cord, nerves and muscles. A neurologist is first called to make an initial evaluation, diagnose the injury and consult regarding immediate medical care the patient requires.

Physiatrist - combines physical medicine and rehabilitation medicine directed at renewing function. These medical doctors are trained in both neurology and orthopedics.

Neurophysiologist - specializes in evaluating brain function and performs sophisticated tests of brain function necessary to identify specific injuries and to select appropriate rehabilitation efforts.

Respiratory or pulmonary therapists - helps the patient breathe and maintain a ventilator where necessary to insure clear airways.

Physical therapist - focuses on restoring motor function, strengthening muscles, improving coordination, balance, endurance and the movement of joints.

Occupational therapist - provides rehabilitation skills to help the patient perform physical tasks involving both gross and fine motor skills as well as performing the six activities of daily living: bathing, dressing, toileting, transferring (getting in and out of a chair or bed), continence (voluntary bowel and bladder functions), and feeding.

Speech pathologist - is involved in evaluating and teaching speech, writing, reading and expression skills aimed at both compression and communication.

Cognitive therapist - teaches survivors how to learn. The goal is to help survivors identify techniques to improve their ability to remember ideas. Computers are used extensively as a training tool by cognitive therapists.

Vocational rehabilitation counselor - identifies skills, aptitudes and abilities that will help restore the patient to the world of work. To determine the level of vocational functioning the counselor also evaluates the patient's ability to follow instructions and social skills. Testing helps determine the survivor's ability to learn and make judgments, and helps to evaluate productivity, punctuality, reaction time, distractibility and tolerance for frustration.

Educational therapist - teaches the basic skills needed to return to school or work and arranges for a special educational environment that will develop reading, writing or math skills.

Social worker - provides the important connection between the health care staff, rehabilitation professionals, family, school, work and often the insurer carrier funding the rehabilitation. The chief tasks the social worker is to prepare a detailed background study and normally involves the patient's pre-injury personality, lifestyle, emotional and financial resources, educational history, work and leisure interests, special relationships and previous problems. Long-term and short-term goals are usually developed with the social worker. Because the family will be in regular contact with the social worker, they will seek advice and will share confidences with the social worker. It is important for the patient's legal representatives to have a strong and responsible working relationship with the social worker. The social worker's background study is one of the most significant documents in the rehabilitation chart.

Therapeutic recreational therapist - evaluates interests and hobbies and integrates them into therapy goals of the survivor. The focus is to develop physical, cognitive and social skills so leisure activities can once again be enjoyed.

Rehabilitation case manager - coordinates the goals of the patient, family and rehabilitation staff as an advocate for the patient and oversees the overall treatment plan. The case manager is routinely in charge of reporting to the insurance carrier, if any, funding the recovery program.

Pediatric neurologist - explains how injury interrupts growth and development and why children need specialized rehabilitation services now and in the future.

Research psychologist - educates the jury concerning the long-term effects of head injury, the impact on the family, and the need for lifecare planning. The attractive child with severe impairment will generate compassion and understanding from his/her environment, but once the adolescent years begin the tasks of dealing with sexual drives, peers, alcohol and drugs in the TBI survivor are grossly complicated. Living unsupervised in the community will result in exposure to police and courts, with creates a whole additional range of problems that are important to understand.

In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, prove the nature and extent of your injures and enable expert medical witnesses to support the cause of your injuries.

Originally posted at InjuryBoard by Scott Smith