Jacksonville Personal Injury Lawyer

Choosing A Nursing Home for Your Loved One

Steve Watrel — Tue, 24 Apr 2012 14:53:53 GMT

One of the most important decisions you and your family will ever have to make is placing a loved one into a nursing home. The right choice can mean the difference between life or death.

The best way to choose the right nursing home would be to have a fully vetted list of the best area nursing homes, visit each one personally, interview all of the staff, and talk to other residents about their experience at the facility. Unfortunately, this almost never happens in real life. The choice is typically made with less than 24 hours notice and is usually based upon the recommendations of the hospital’s social worker and/or availability of nursing home beds in your area. This is certainly not the best way to make a life or death decision.

So how do you go about making the right decision for your loved one? It starts with being proactive and starting the process early. Once it appears likely your loved one will need skilled services at a nursing home, you should begin the search. The first thing you should do is ask family, friends, co-workers, church members and neighbors about their experience with local nursing homes and find out which facilities have the best reputation. There will be several that stand out; however, these facilities are the hardest to get into because of their long waiting list. Get on the waiting list as soon as possible because a bed may unexpectedly open up (it happens).

Second, go online to http://www.floridahealthfinder.gov/facilitylocator/FacilitySearch.aspx and find out which facilities are within your area (choose the term “Nursing Home” for “Facility/Provider Type” and put in the name of your county).

Third, spend time carefully reading the links listed on each nursing home’s ACHA page. One important issue to consider is does the proposed facility provide the type of care your loved one needs? For example, if your loved one has Alzheimer’s disease, does the facility have a dedicated locked Alzheimer’s unit? The same applies to IV antibiotics, physical therapy, etc. A lot of problems with resident care occur because the facility is not properly staffed and/or equipped to handle certain types of residents, but accept them anyway to “fill a bed” or “get a higher reimbursement rate.”

We believe the most valuable information on each nursing home’s ACHA page are the subcategories “Compare Quality and/or Pricing” and “ACHA Reports.” Within those subcategories are the facility inspection reports which provide important information about the performance of that particular nursing home. It is very important that you carefully read the most recent ACHA inspection reports on this website. You can visit a facility and marvel how lovely the building is and how friendly the staff appears, but if the facility was recently cited by the State of Florida for not serving meals and/or not providing adequate health care to residents, you will want to steer clear. It is very important to understand that nursing homes generally know when the state inspection survey team is coming so the facility will spend a lot of time preparing for the survey. Therefore, if the facility is cited by the state for one or more serious violations, there is a real problem.

Fourth, go personally visit each nursing home and speak to the Administrator, Director of Nursing, and Admissions Coordinator about the facility and how they plan on caring for your loved one. By doing this, you will get a feel for the caliber of the administration at the facility. Request a full tour of the facility. Try to go around meal times to see how much staff is present and if the residents are dressed and ready for meals. See if the staff is assisting residents with their meals. If there is very little visible staff in the facility and residents are lined up in the hallways in wheelchairs, this is a warning sign that the facility is inadequately staffed. It is very important to note that State of Florida minimum staffing requirements are just that: MIMINUM staffing requirements. The law requires every nursing home to have enough staff to meet the needs of the residents even if that means exceeding state minimum guidelines. So, depending on the needs of that particular facility’s residents, state minimum staffing levels may be adequate or grossly inadequate.

Lastly, while at the facility, get a copy of the proposed Admission Contract and accompanying paperwork the facility will expect you or your loved one to sign upon admission. You will want to take this paperwork home and review it very carefully for the “fine print.” Many nursing home admission contracts contain what are known as “arbitration agreements” which are agreements to not file a lawsuit if your loved one is injured or killed through the negligence or recklessness of the nursing home staff. It is recommended that you do not sign these agreements because they are extremely one-sided and typically require your loved one to sign away important legal rights. What can you do ? Simply take a pen or Sharpie and cross out that part of the contract (yes, you can do this). If you have done your homework in advance, you will have more than one facility to choose from and will not be forced to sign away important legal rights. If the nursing home will not admit your loved one because you refuse to sign an arbitration agreement, move on to the next facility.

By starting early and being proactive, you have an excellent chance of choosing the right nursing home for your loved one and avoiding potential tragedy. We hope this has been informative and wish you all of the best in your search.

Steve Watrel is a personal injury trial lawyer in Jacksonville, Florida. You can contact him at swatrel@stevewatrel.com or view his website at www.stevewatrel.com.

Originally posted at InjuryBoard by Steve Watrel

Be Wary of What You Post on Facebook

Steve Watrel — Wed, 04 Apr 2012 18:17:58 GMT

Reflecting on twenty years of practice in the State of Florida, I realized how much the practice of law has changed with the arrival of the internet. When I started practicing, we used hardbound law books to do legal research. Then came legal research on compact discs. Ultimately, all legal research was put online on a central internet site which made our lives so much easier. Along with the upside of immediate access to information on the internet comes some downsides.

The biggest one being postings on social media sites like Facebook. Our first introduction to Facebook was several years ago when a twenty-something client informed us the defendant in an automobile collision admitted he was at-fault on his Facebook page; however, his insurance company claimed he was not at fault and refused to pay her claim. We had no idea what she was talking about. However, with her help, we logged onto Facebook and found the at-fault party’s page and printed out his postings. We then mailed the postings to his insurance adjuster who ended up in shock. Gotcha! Years later, the gotcha tables have turned and the insurance companies use Facebook and other social media sites to find damaging information about injured persons.

A classic example of how social media postings on sites like Facebook can devastate one’s injury claim is the Quebec woman whose disability payments were cut off because of photos posted on her Facebook page showing her at a Chippendale's show and other events. Some say “that would never happen to me,” yet it happens everyday. Insurance companies that are responsible for the defense of injury claims routinely check Facebook along with other social media sites to see what an injured person has posted. In fact, it is such powerful evidence that insurance defense lawyers are now routinely demanding that the injured person turn over their login information to access posts that have been made both before and after an accident. And courts are granting such requests. One recent example was where an Arkansas Appeals Court ruled that photographs of a worker’s compensation claimant drinking and partying were admissible to contradict his injury claim. There are dozens of other recent rulings from both state and federal courts.

Never assume your social media postings are private regardless of what your settings are. And only post what you want everyone in the world to see. The reality is your Facebook page, along with other social media pages, are fair game for insurance companies if you make an injury claim (or any claim for that matter). A simple picture of you smiling at the beach on your Facebook page will be “Exhibit 1 at trial” as we lawyers say. Kind of scary, isn’t it ? It’s the new reality in the practice of law that is here to stay. So, be wary of what you post on Facebook.

Steve Watrel is a personal injury trial lawyer in Jacksonville, Florida. You can contact him at swatrel@stevewatrel.com or view his website at www.stevewatrel.com.

Originally posted at InjuryBoard by Steve Watrel

The Big Trial Charade

Steve Watrel — Sun, 12 Feb 2012 14:11:37 GMT

Personal injury trial lawyers deal with some curious laws as a result of insurance industry sponsored statutes that stack the deck in their favor. One of these is the so-called “Non-Joinder Statute” (Florida Statute section 627.4136) which says it is illegal for an injured person to sue the at-fault party’s liability insurance company as a defendant in a lawsuit. The law only allows an injured person to sue the at-fault party even though the at-fault party is covered by a liability insurance policy.

This law, together with others, prohibits jurors from knowing anything about a defendant’s liability insurance company including how much coverage they have. The premise of this law is that if jurors knew about liability insurance, they would give the injured person much more money for compensation. This is a questionable premise at best and based upon an old jury research study.

The reality is that a defendant’s liability insurance company controls all aspects of the defense of the at-fault party including choosing the defense lawyer and making the ultimate settlement decision. The defendant merely goes along for the ride relying on the company’s good faith in handling the case. Losing a personal injury case is not a huge concern for many insurance companies because they have billions of dollars at their disposal to defend cases.

The unfairness of the law is this: Jurors absolutely want to know if the defendant has liability insurance. When they are told by the court that it’s none of their concern, they may conclude there's no insurance and may actually compensate less which is unfair to the injured person. Jurors are human and want to know if their ultimate verdict could financially impact a defendant.

It’s a challenge for the injured person and their attorney to navigate around this issue at trial without running afoul of this law. If the word insurance is mentioned or if it’s disclosed the defense lawyer is employed by the insurance company, it’s a mistrial and the case will need to be retried at great expense. If the issue of insurance is not disclosed, jurors may believe there’s none at all and be very cautious with their verdict.

Unfortunately, there’s no chance that this law will be struck down or taken off the books anytime soon because it's one of the insurance industry’s crown jewels. So, the charade continues.

Steve Watrel is a personal injury trial lawyer in Jacksonville, Florida. His website is www.stevewatrel.com.

Originally posted at InjuryBoard by Steve Watrel

Florida House Bill 427 Bad for Small Business

Steve Watrel — Thu, 26 Jan 2012 10:44:15 GMT

The Florida Legislature began its session this month. As usual, the main focus is promoting the agenda of the insurance industry and big business. You would think that at a time where many residents are unemployed or underemployed, our legislators would focus on jobs and stimulating the economy.

One of the many industry-written bills is House Bill 427, named "Civil Remedies Against Insurers." This bill will radically change a long-standing body of law protecting insureds, such as small businesses and individuals, from the "bad faith" conduct of their insurance company when a claim is made against them.

If this bill becomes law, insureds will have no control over how claims against them are handled by their insurance company and will bear all the risk if the insurance company acts in bad faith in the handling of the claim.

Here's an example: Assume a local business in Jacksonville, such as a drycleaner, uses a driver to make deliveries and that driver is speeding, runs a red light, and seriously injures someone causing a million dollar of damages (e.g., trauma center bills, rehab bills, loss of income, etc.). The business owner, who only has a $ 250,000 liability policy, may beg their insurance company to settle the claim to avoid personal liability if the claim is not settled and it goes to a jury trial. If the insurance company says no, and tries to "save some money off the limits," and a jury later finds the claim is worth a million dollars, it's the business owner who will have to pay the $750,000 excess amount, not the insurance company even though the business owner wanted to settle the claim. Basically, if this law is passed, the insurance company is free to gamble with the insured's money and livelihood but has zero consequence if they don't want to settle even though they clearly acted in bad faith.

So, if this bill becomes law, small businesses and individuals will need to buy a heck of a lot more insurance coverage at great expense or risk "losing it all" if a serious injury or death occurs and its their fault. Or, they can cross
their fingers and hope that the no serious claim ever arises.

The current law on bad faith is fair to both insureds and insurance companies and has worked well for many years. The current law has not prevented bad faith, not by a long shot, but it does provide for accountability for those insurance companies that chose to act in bad faith. This is the real reason the insurance industry wants to change the law.

Originally posted at InjuryBoard by Steve Watrel

Millions of Abbott Glucose Test Strips Recalled

Chrissie Cole — Thu, 23 Dec 2010 11:29:00 GMT

Abbott Laboratories and the Food and Drug Administration (FDA) has issued a recall of 359 million blood-sugar testing strips because they may give false low readings.

The strips, used by people with diabetes, may not absorb enough blood to give a proper reading, which can lead users to try to raise sugar levels unnecessarily, or to fail to treat elevated glucose levels, the company said in a statement.

Six brands of testing strips are affected by the recall. They were distributed in the United States and Puerto Rico. And include - Precision Xceed Pro, Precision Xtra, MediSense Optium, Optium, OptiumEZ and ReliOn Ultima brands. The affected test strips were manufactured between January and May of 2010.

An estimated twenty-four million Americans are afflicted with diabetes.

To determine if the test strips you have are involved in the recall, call 1-800-448-5234 or visit www.precisionoptiuminfo.com. If it has, call Abbott for a replacement.

For more information, refer to the FDA News Release.

Originally posted at InjuryBoard by Chrissie Cole

Florida Enacts "Three Crash" Law To Educate Bad Drivers

Eddie Farah — Wed, 13 Jan 2010 15:16:39 GMT

About 1,000 Floridians should expect to soon be sent back to the classroom because of bad driving.

A new law in Florida mandates that drivers who are at fault for three crash-related moving violations over a three-year period go back to the classroom to refresh their education about the need to drive safely.

At a cost of $548.00, drivers will have to complete a 16-hour educational course within 90 days or face losing their license.

The clock actually began ticking two years ago and those drivers who have had two crash-related violations are being notified. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period.

Private driving schools will oversee the education and it is more stringent than the online courses of the past. It includes four hours of behind-the-wheel testing.

"In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers."

During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes, including drivers from nearly every age group. One driver was at fault in five crashes, while another was convicted of 86 violations.

Just how many accidents do you have to cause to lose your license to drive permanently? #

Originally posted at InjuryBoard by Eddie Farah

Why Did A 7-Year-Old Fall Through A Skylight?

Eddie Farah — Wed, 06 Jan 2010 22:23:09 GMT

It was an unbelievable fall at a Jacksonville Beach strip mall.

A 7-year-old boy plunged through a skylight on the roof, falling 14-feet to the ground. A witness said she heard the child cry. The boy’s mother and sister were also on the roof.

The child was transported by air ambulance to Shands Jacksonville and is reported to be in serious condition. The skylight was a dome made out of soft plastic and is reported to be flexible. Fortunately it was not made of glass.

The property owner says no one is supposed to be on the roof. Our prayers go out to the little boy for a swift recovery.

Under Florida law, the first step is to understand the specific legal category the injured person occupies. Unless the mother owns the building or had some reason to be there, she could be cited for illegally trespassing. Did the landlord want them up there? Were they invited or trespassing? Were they there because of some known attraction that strangers could find on the roof?

Under normal premises liability law, the owner of a building has the responsibility to make sure that it is in good working condition for everyday use, for example, for someone shopping. But in this case there may actually be a limited application of premises liability law.

In order for this mother to file a premises liability claim, her attorney must prove that the property owner knew or should have known of the dangerous condition, which they failed to correct, and that a person could likely encounter the condition, whether invited or not.

The duty to a trespasser is a lot less, but trespassers are still owed a duty to prevent injury, especially if they are children. Generally that applies to unsecured swimming pools, deserted car, unattended trampolines, or unused refrigerators - any nuisance that may be attractive to children, invited or not.

But generally speaking, that duty does not extend to the roof. The owner’s responsibility may be only to refrain from willful or wanton injury which might include removing any concealed traps.

Under Florida law, comparative negligence may apply, meaning negligence can be apportioned among several parties. An argument could be made that the mother failed to properly supervise her child and bears some of the responsibility for his injuries. The jury then can determine that 50% negligent would receive 50% of the claim.

But back to the basic question – why were they on the roof in the first place? Only when we answer that can we determine what duties and responsibilities the property owner owes to the injured. #

Originally posted at InjuryBoard by Eddie Farah

Consumers Should Stop Taking Tylenol Arthritis

Eddie Farah — Tue, 29 Dec 2009 23:07:10 GMT

If you open the Tylenol bottle and there is a funny smell, close it and call Johnson & Johnson.

The Food and Drug Administration is expanding its recall of TYLENOL Arthritis Pain Caplets in the 100 count bottle. The bottles have a distinctive red EZ-Open Cap.

This is the second recall of the caplets. In November they were taken off of the shelves because of a mildew-odor coming from the bottle. McNeill, a division of J & J, said the packaging materials were contaminated by a chemical used to treat the wooden pallets.

Consumers reported stomach pain, vomiting, diarrhea, and nausea.

The chemical involved is 2,4,6-tribromoanisole, but stomach pains are the only health side effect reported. McNeil Health Care is a subsidiary of Johnson & Johnson, the New Brunswick, N.J. company which posted $16 billion in sales in 2008.

Consumers who purchase the TYLENOL Arthritis Pain should stop using the product and contact McNeil Consumer Healthcare for a refund or replacement.

Their number is 1-888-222-6036 or go on the McNeil Web site and be sure to report problems to the FDA's MedWatch program, which is the only way the government can track the problem nationwide. #

Originally posted at InjuryBoard by Eddie Farah

Three-Year-Old Killed on I-95 Wreck With Tractor-Trailer

Eddie Farah — Tue, 29 Dec 2009 22:35:23 GMT

A three-year-old Pittsburgh boy died in a crash on Interstate-95 in McIntosh County, Georgia Sunday afternoon.

Witnesses say a tractor-trailer, was heading at a high rate of speed before it hit the rear of the 2007 Toyota Sienna van carrying a family of five from Pittsburgh.

The mother, Susan Thornton, was driving and her husband, Daniel, and three children were in the van with everyone buckled in. When the big-rig struck the back of the van, it was pushed onto the shoulder of I-95 and into the tree line, several trees were downed as both vehicles plowed through the trees.

Looking at the wreck, it is amazing anyone lived. Three sets of Jaws of Life had to cut the six victims from the two vehicles. Susan Thornton is in critical condition, another child was seriously injured and her husband and two other children have non life-threatening injuries.

The tractor-trailer was driven by Willie Hill of Jacksonville who was hospitalized in Savannah with a broken pelvis and leg.

WSB-TV News in Atlanta is reporting that charges are pending against the driver.

Our condolences go out to the family involved in this tragic accident that does not appear to be their fault.

According to federal data from 2008, speeding is one of the most prevalent factors contributing to about 31 percent of fatal crashes.

Large Trucks And Fatal Crashes

Large trucks account for about 8 percent of all vehicles involved in fatal crashes and four percent of all vehicles involved in injury and property damage crashes in 2008. In the majority of cases - 74 percent – of the large trucks involved in fatal crashes in 2008, collided with other vehicles.

Nearly one-quarter of all large-truck drivers involved in fatal crashes in 2008 had at least one prior speeding conviction, as did 18 percent of passenger car drivers.

In Florida in 2008, 269 large trucks were involved in fatal crashes in Florida, exceeded only by California (304) and Texas (421), according to NHTSA data.

263 people lost their lives in 2008 in Florida collisions with a large truck, a number that has been in decline since 2004.

A typically fully loaded large commercial truck can weigh over 80,000 pounds, while an automobile weighs about 3,000 pounds. And the unfortunate fact is that 98 percent of fatalities in crashes with a large truck occur to people in the passenger vehicle.

Freight drivers are under tremendous pressure to get the freight delivered on time and an investigation needs to be conducted immediately into what pressure was being put on the driver by the freight company.

Federal regulations govern the trucking industry and involve hours-of-service of the driver and driver logs, electronic records of miles covered, maintenance of the rig. I would want to know about the training of the driver and whether he was distracted by the multitude of electronics one sometimes maintains in the cab, such as monitors, cell phones, texting or entering data into onboard equipment to stay in touch with his freight company.

Florida drivers can report bad drivers, drunk driver, disabled motorists or suspicious incidents by dialing * FHP from their cell phone as part of the Share the Road campaign. #

Originally posted at InjuryBoard by Eddie Farah

136 Silver Alerts Issued In 2009

Eddie Farah — Sun, 27 Dec 2009 21:00:00 GMT

They are a lot like the Amber Alerts.

Since Florida began the Silver Alert program a year ago, 136 alerts have been issued for missing Floridians ages 54 to 94. Some have Alzheimer’s, while others suffer from dementia. Many wander away from their homes. The alerts are also used for younger adults who have developmental disorders.

Enlisting the help of the community is crucial when someone is missing. Every minute counts and the Silver Alerts engage motorists, who so far have found about 15 percent of the state’s total cases.

"The Silver Alert is one of those resources you hope you never have to use, but when you do need it, it is a tremendous safety net for the elders covered by the alert,” says Jon Peck, the communications director for the Florida Department of Elder Affairs.

In the past year at least five seniors were found dead after a Silver Alert was issued, that is about 11 alerts per month.

Silver Alerts no doubt will be useful in the future as Florida’s elderly population grows. It’s expected there are more than a half million seniors in Florida now with Alzheimer’s disease and 115,000 with dementia. And with the number of elders over the age of 85 predicted to increase at the rate of 118 percent through 2020 - it is the fastest growing demographic in the state of Florida.

Florida is one of 18 states with a Silver Alert program and more than a dozen other states have plans to adopt similar programs basedon our success in Florida. #

Originally posted at InjuryBoard by Eddie Farah