Archive for the ‘Assisted Living and Nursing Home Negligence’ Category

Injured? Read About How to Obtain the Maximum Settlement Plus Benefits

Tuesday, February 8th, 2011

The United States Justice System is among the best in the world. If you, a friend or your loved one has been seriously injured by a corporation or person, and you are unable to reach a settlement, generally you or your loved one will receive a just result in our court system.

A key component to receiving fair compensation is choosing an experienced personal injury lawyer who has the resources and commitment to represent you. Personal injury refers to both psychological and physical injuries that a person suffers as a result of someone’s negligence, their intentional actions, or strict liability. Negligence simply means failing to act as a reasonable or careful person or business would act under the same or similar circumstances. For example, if you are injured in an auto accident, caused by a driver who was on the phone or texting while driving, then you would suffer personal injury as a result of that driver’s negligence. Intentional actions refer to a person who purposefully and deliberately sets out to harm another individual, such as in an assault. Strict liability means that an individual or corporation may be held financially responsible if they produce, sell or distribute a defective or unsafe product that kills or injures someone.

While these scenarios may or may not also result in criminal charges brought against the offending party, generally they result in civil penalties. Civil penalties may include compensation for lost wages and medical bills as well as money damages for pain and suffering.

Types of Personal Injury Cases:

Car, Truck and Motorcycle Accidents

Construction, Industrial and Work Place Accidents

Hospital and Medical Error

Nursing Home Negligence

Defective/Unsafe Products

Airplane & Cruise Ship Accidents

Not All Attorneys are Equally Qualified to Handle Personal Injury Cases

In order to prove your case in a court of law, you must be able to show that your injury was caused by the negligence of another party. The personal injury lawyers at the Law Offices of Henry Hanflik will help you to determine if you have a valid claim. After your case is carefully analyzed and evaluated, our attorneys will discuss with you the best course of action to follow. Filing a law suit may not always be in the best interest of the client. Virtually every case handled by the Law Offices of Henry Hanflik is on a contingency basis; that means our office advances the costs necessary to handle your claim.  A fee is charged only when we make a recovery on your behalf.

Call us now for a free case evaluation at 810-720-4000 or toll-free at 888-905-4632.

Nursing Home Company Slapped with $670 Million Verdict

Thursday, July 8th, 2010

This week Skilled Healthcare Group, Inc. was ordered to pay more than $670 million in damages for violating the California health and safety code which requires nursing homes to provide at least 3.2 nursing hours per patient each day. Staff deficiencies put patients at risk because they do not receive proper and timely care, medication or hygiene. More money damages against Skilled Healthcare are possible as the jury will meet next week to determine if the company should pay punitive damages. Skilled Healthcare says it will appeal. (6/8) LA Times

Jury Awards Millions Against Nursing Home and Hospital

Wednesday, March 24th, 2010

Two weeks after awarding $1 million in compensatory damages to the widow of a man who died from bedsores, a Philadelphia jury leveled  $5 million in punitive damages against the same nursing home and hospital because they failed to diagnose and properly treat a urinary tract infection, leaving the man vulnerable to developing bedsores. Workers at both the hospital and nursing home allowed the bedsores to fester and their patient to become malnourished. Two years later the man died from the bedsores. The case is unusual since it may be the first nursing home verdict that awarded punitive damages. In order for a jury to award such damages, the jurors must determine that a facility engaged in “outrageous and reckless conduct.” (3/18) Philadelphia Inquirer

The Law Offices of Henry Hanflik File Suit Against Clare Bridge of Grand Blanc

Friday, February 19th, 2010

The Law Offices of Henry Hanflik, P.C. have filed a lawsuit on behalf of the family of James Franklin, Jr., an Alzheimer patient who died after he crawled out of a window at Clare Bridge in May of 2008. The lawsuit states that Clare Bridge was negligent because its staff members did not call police in a timely manner, nor did the facility properly ensure that patients would not walk away. Franklin was the second patient to climb out of a window at the facility. Franklin’s body was found a short distance from Clare Bridge, two months after he walked away. Flint Journal

Patient Care in Question at Long Term-Care Hospitals

Thursday, February 11th, 2010

Select Medical Corporation and other firms that operate long-term care hospitals are the subjects of lawsuits, and troubling state and federal inspection reports that reflect a sub-standard level of patient care at some of these facilities. Select runs 89 long-term care hospitals which have been cited four times more for serious Medicare violations than regular hospitals. Because of Medicare rules, there has been a rapid expansion of long-term care hospitals. However, Medicare does not scrutinize their care or penalize these facilities for violations as they do regular hospitals. Long-term care hospitals generally spend less on patient care and have higher profit margins than traditional hospitals. (2/9) NY Times

Johnson and Johnson Recalls Medicines, Accused in Payoff Scheme

Wednesday, January 20th, 2010

Johnson and Johnson, the trusted company that makes baby care products and touts integrity by “doing what’s right for people”, reluctantly recalled batches of Benedryl, Motrin, Tylenol and St. Joseph Aspirin, among others. It took the company 20 months to issue the recall, in spite of consumer complaints about the moldy-smelling products and reports of digestive problems. In a separate issue, the company is accused of paying kickbacks to a nursing home pharmacy to promote its medications to elderly patients. (1/17) NY Times

Nursing Homes Are Focus of Planitiffs Bar

Thursday, January 14th, 2010

Plaintiffs attorneys are working to eliminate mandatory arbitration in all consumer and employment disputes by lobbying Congress to pass the Arbitration Fairness Act of 2009. Nursing homes will likely be a main target of the push to end forced arbitration in cases involving patient abuse and neglect. Bills introduced in the House and Senate to prohibit arbitration were not voted upon in 2009. (1/11) Blog of Legal Times

Nursing Home Sued for Neglecting Dying Patient

Wednesday, October 21st, 2009

The family of a 97-year-old man has filed suit against Everett Care and Rehabilitation, in Everett WA, claiming the the staff at the facility left a wound on the man untreated for months. The wound was cancerous and apparently was a cause of death. The lawsuit contends that while staff members reported the man’s condition several times to managers at the home, there was no action taken to address the man’s deteriorating physical condition. The attorney for the family said the lawsuit is aimed at holding the center, and similar facilities, accountable for failing to protect the elderly. (10/16) Seatle-Post Intelligencer

Bill to Cap Nursing Home Damages Fails

Friday, April 24th, 2009

A bill that would have capped damages in lawsuits against nursing homes has failed to gain subcommittee approval in the Tennessee legislature. But the sponsor of the bill has vowed to introduce similar legislation next year. Under the proposed legislation, non-economic damages in nursing home cases would have been capped between $300,000 and $500,000.  In a report released last month,  the AARP Tennessee says state nursing home owners seeking to reduce litigation costs should first improve quality of care by increasing staff, strengthening oversight over patient care and opening smaller facilities. 

Read: Memphis Daily News    

Family of Alzheimer’s Patient Files Suit Against Grand Blanc, Michigan Facility

Tuesday, March 24th, 2009

The Law Offices of Henry M. Hanflik has filed a lawsuit on behalf of the estate of James Franklin, Jr. The suit names various corporate entities believed to be affiliated with Clare Bridge of Grand Blanc, Michigan. Franklin was admitted to Clare Bridge on May 23, 2008, and within hours of being placed there, merely opened a window and walked away. He was found dead two months later, one mile from the facility.  James Franklin, Jr. died from hypothermia.  Another resident had done the identical thing about six months before, and the facility was cited by the State of Michigan. The facility promised it would take corrective action, but never did so. Read more. (3/24)  Flint Journal