Don’t Let Evidence Vanish in a Nursing Home Abuse Case
Even if you meticulously research nursing homes before moving your loved one, he or she may fall victim to nursing home abuse . Know the signs of possible abuse, and talk to a personal injury lawyer serving Riverside as soon as possible if anything raises your suspicions. Your attorney will give you invaluable guidance about preserving evidence for the case, and about your legal options regarding litigation and the nursing home contract.
Take photographs of the evidence.
Visual evidence is difficult to dispute, and it can have a powerful effect on a jury if the case goes to trial. If your loved one has unusual bruises, develops bed sores, or has sustained unexplained lacerations, take pictures of these wounds. Take additional pictures over time to document whether the wounds heal as expected. It’s preferable to time-stamp the pictures, if possible. You should also take photos of any conditions in the room or throughout the nursing home that may have contributed to your loved one’s injuries. These hazards may include worn or ripped carpeting, inadequate lighting, or broken furniture. Get pictures of everything that looks suspicious as quickly as possible, as hazardous conditions may be repaired after an incident in an attempt to avoid liability.
Record witness statements.
Nursing homes tend to be densely populated facilities. Talk to your loved one’s roommate, if applicable, and the neighbors. Talk to other staff members, and write down a timeline of what happened. Ask the witnesses to give you a written, signed statement of their version of the events. It’s important to interview witnesses as soon as possible after the incident, as memories can fade and change over time.
Just about everything is documented in a long-term care facility, including nursing logs that show who was working a particular shift, records of when medications were administered, and charts that reflect when patients were observed to have injuries. Your personal injury lawyer can assist you in collecting the necessary documents, via a subpoena if necessary.
Request your loved one’s medical records.
Your attorney will need a copy of your loved one’s medical records to prove that he or she suffered injuries, and that those injuries were directly caused by the act of nursing home abuse. It’s not unheard of for nursing home staff to delay taking their residents to the ER when an injury occurs. Check with your loved one’s doctor directly about his or her care, rather than relying on the information provided by the nursing home staff.
What Parents Need to Know About Brachial Plexus Injuries
It’s possible for brachial plexus injuries to be acquired throughout one’s lifetime, usually in car or motorcycle crashes. When a newborn is diagnosed with this sort of injury, the parents deserve answers. Brachial plexus birth injuries can range from relatively minor and temporary to permanent and catastrophic. Personal injury lawyers in the Riverside area who handle catastrophic injury cases can investigate the causation. In some cases, a birth injury may be the result of medical malpractice during labor and delivery.
Causes and Risk Factors
The bundle of nerves that stems from the cervical spinal cord and travel down the arm is known as the brachial plexus. The three main ways these nerves can sustain damage are by severing, stretching, or applying excessive pressure to them. In newborns, this can happen during a difficult or prolonged birth, especially if the child is of a large birth weight or is in a breech presentation. As the child passes through the birth canal, the shoulders can become lodged. The pressure can inflict damage to the nerves. In some cases, overly aggressive maneuvering or instrumentation usage by the obstetrician can result in stretched or torn nerves.
Signs and Symptoms
Contacting a personal injury lawyer won’t be your top priority when you’re in the hospital with your newborn. But do try to keep written notes about your child’s condition in the event that you need to file a complaint. Newborns with brachial plexus injuries may display the following problems:
- Lack of a Moro reflex on the affected arm
- Lack of movement in the arm or hand
- Decreased grip strength
- Affected arm held bent and against the body
Babies who will recover usually do so within three to nine months. If your child does not regain movement, strength, and sensation in the affected arm during this time, it’s quite likely that the long-term prognosis will be poor.
Treatments and Rehabilitation
If the brachial plexus injury was caused by medical malpractice, a personal injury lawyer can help you seek compensation to cover your child’s treatment and long-term rehabilitation. Surgery is sometimes attempted if the child doesn’t recover within nine months. Before that time, the infant may benefit from gentle massage and range-of-motion exercises.
FAQs and Answers About Lane Change Truck Accidents
Big rig accidents can happen at any time. Merging into traffic and changing lanes are particularly hazardous. Passenger vehicle drivers are fortunate to escape from a truck accident with their lives. Adding insult to injury, survivors must then contend with exorbitant medical bills and perhaps even permanent disability. For survivors in the Riverside area, a car accident lawyer is an essential advocate. He or she can pursue an accident lawsuit to help the survivor secure much-needed compensation to recover from the crash .
When is the truck driver to blame for the crash?
Truck drivers are found to be at least partially to blame in the majority of all types of truck accidents. It’s possible that other factors can contribute, such as poor visibility, inclement weather, and poor road construction. Truck drivers can make dangerous decisions when they are in a hurry to reach their destination, such as weaving between lanes, failing to use a turn signal, failing to remain aware of nearby traffic, and failing to carefully check the mirrors. When filing an accident lawsuit, your lawyer can evaluate the driver’s medical records, as well as surveillance footage, eyewitness statements, and police reports to consider the role of the trucker’s possible negligence.
Aren’t truck drivers trained to make safe lane changes?
Yes, all commercial big rig operators in the U.S. are required to complete rigorous training and testing. However, truck drivers are still human and they often make mistakes, some of which can be costly. During an investigation, your accident lawyer may find that the truck driver was negligent in any of the following ways:
- Being distracted by an electronic device
- Driving aggressively
- Misjudging the distance between vehicles
- Falling asleep at the wheel
- Driving while intoxicated or under the influence of drugs or alcohol
Is it possible for the passenger vehicle driver to be at fault?
Most passenger vehicle drivers know that big rigs need plenty of space on all sides, including in front of them. It’s impossible to slow down such a large vehicle quickly enough to avoid hazards ahead. A car driver may be at fault for the crash if he or she merged into the trucker’s lane ahead of the big rig, and didn’t leave enough space between vehicles.
Is There a Statute of Limitations on Toxic Torts in California?
A toxic tort is a claim that someone was harmed or wrongfully killed as a result of exposure to environmental hazards, such as pesticides or groundwater pollution caused by an industrial plant. Like other personal injury lawsuits, residents in Riverside, California and throughout the state are subject to statutes of limitations for toxic torts. This means there is a deadline to file a lawsuit, and if no action is taken by that time, the injured party forfeits the right to pursue compensation in court. To avoid giving up your legal rights, contact a personal injury lawyer as soon as you realize your injuries were caused by someone else’s negligence.
In California, the statute of limitations for filing a toxic tort is two years. The clock starts ticking on the date that the toxic exposure occurred. If the case is a wrongful death lawsuit, the two-year deadline begins on the date of the person’s death. It isn’t always possible for plaintiffs to immediately connect the dots between an illness and toxic exposure. A personal injury lawyer may still file a lawsuit no later than two years from the date that the plaintiff knew or reasonably should have known that harm occurred because of the toxic exposure.
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