Delayed Diagnosis Medical Malpractice Leads to the Death of America’s Veterans

Many medical conditions require prompt diagnosis in order to be treatable and to prevent the risk of death. Unfortunately, veterans who are trying to obtain diagnostic exams at VA hospitals throughout the United States are struggling to get the care that they need. A recent investigation conducted by CNN.com has revealed that veterans are dying because of unreasonable delays and backlogs that prevent them from getting gastrointestinal appointments and other access to care.  Veterans were promised medical assistance in exchange for their service, and this care needs to be provided by qualified physicians at hospitals that provide reasonable quality medical care.  The Federal Tort Claims Act allows veterans and surviving family members to pursue malpractice claims when hospitals and providers fail to live up to their obligations. An experienced medical malpractice lawyer in Louisville can help those who have been harmed by delays in diagnoses at veterans hospitals.  […]

By | September 30th, 2016|Posts|0 Comments

Nursing Home Abuse

One of the most heart-wrenching decisions that can be made for an elderly loved one, is placing them in a nursing home or assisted living facility. It is a very common decision that millions of families must face each year. These families must consider placing a loved parent or grandparent in a facility in which their medical needs and day-to-day living needs can be met with the help of qualified professionals. It would be nice to think that those entrusted with the health, and livelihood of our loved ones will provide the same standard we would have provided our loved ones with. But, unfortunately this is not the case. In fact, Jack Conway even commissioned a report on nursing home abuse and neglect in attempt to thwart the ever concerning epidemic of abuse. Kentucky’s Attorney General, Jack Conway, indicates that “it is estimated that 5 million seniors are abused each year in the United States, and that 84% of all elder abuse cases are never reported to authorities.” Research even suggests that abused elders tend to die earlier than seniors who are well cared for, even in the absence of life-threatening and chronic conditions. […]

By | September 28th, 2016|Uncategorized|0 Comments

Elder Abuse in Kentucky

It is estimated that one in ten Americans over the age of 60 are victims of elder abuse each year. Elder abuse is a difficult subject; however, it is a subject that must be addressed. Thousands of senior citizens are being abused or neglected each day in this country. It is everyone’s responsibility to take acts to prevent abuse when possible. Common Types of Elder Abuse Elder abuse can take many forms. Some of the most common forms of abuse include: […]

Do I Need a Nursing Home Abuse Attorney or Just a Kentucky Long-Term Care Ombudsman?

What is the Kentucky Long-Term Care Ombudsman Program? The ombudsman program is actually a federal program that began in 1972 as a provision of the Older Americans Act. The federal Administration on Aging administers the ombudsman program. Each of the 50 states has an ombudsman office within the state. The purpose of ombudsman program is to work with families and individuals to resolve problems faced by residents of nursing homes, personal care homes, and family care homes. […]

Can Elder Abuse Occur In A Hospital?

When we discuss elder abuse, we typically think of nursing home abuse. While seniors are often the victim of abuse in nursing homes, the elderly are also at risk for elder abuse in the hospital. Knowing the risks and signs of abuse is the first step in preventing elder abuse. Forms Of Elder Abuse or Neglect In Hospitals Elderly patients are at risk for certain forms of neglect or abuse in hospitals. Forms of abuse older patients are at risk for during a hospital stay include: Bed Sores – If an adult cannot reposition himself or herself, pressure ulcers (i.e. bed sores) can form. Bed sores can lead to serious medical conditions if not treated quickly. Falls – Seniors are at a high risk for falls. When they are under the influence of medications that can make the drowsy or disoriented, falls become more of a risk. Malnutrition – Some elderly patients have problems eating. If someone does not feed them, they may suffer from malnutrition. This can impede recovery, in addition to causing other health problems. New Medications – If the medical staff is not careful when administering new medications, elderly patients could have an adverse reaction because of other medications they are taking. Elderly patients often are on numerous medications. They may not remember all of the medications they have been taken when answering questions for medical staff. Infectious Disease – All patients in a hospital are at risk for catching an infectious disease. However, the elderly often have a compromised immune system that makes them very susceptible to infectious diseases such as pneumonia and MRS. […]

Can I Sue A Landlord For A Dog Bite In Kentucky?

The answer to this simple question is not so simple — the answer is “maybe.” Whether or not you can sue a landlord for a tenant’s dog depends on a couple of factors.  However, the Kentucky Supreme Court made it a little bit easier to hold a landlord responsible for a tenant’s dog in a 2012 ruling. In Benningfield v. Zinsmeister (2012), the court held that a dog bite victim may hold the landlord liable for a tenant’s dog in certain circumstances. Ultimately, the landlords in this case were not found liable for the damages caused by the dog attack. However, the decision did broaden a landlord’s liability by holding a landlord can be considered an “owner” of the dog by allowing the dog to “remain on or about premises owned or occupied” by the landlord. (See KRS 258.095(5)). This is important when you review Kentucky’s strict liability statute regarding dog attacks (KRS258.235(4)). The law reads that a dog owner “whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.” If a landlord can be found to be the “owner” for statutory purposes, the landlord can be held liable for any damages caused by the dog. […]

Hydroplaning Causes 11-Car Traffic Accident on I-75 in Scott County

The Lexington Herald Leader reported on a traffic accident that shut down Northbound I-75 in Scott County for three hours because of an 11-car pile-up. The traffic accident was the result of water ponding near the 121-mile marker that caused drivers to lose control of their vehicles due to hydroplaning. People were injured and 10 of the vehicles were damaged severely. Driving while it is raining or after a recent rainstorm can present unique and dangerous situations for drivers. As this story indicates, an accident can happen at any time. It’s important to understand basic safety measures for driving in rainy weather. […]

Why Are Car vs. Car Accidents Different From Truck vs. Car Accidents?

The National Highway Traffic Safety Administration (NHTSA) keeps data on all traffic accidents. For 2014, the NHTSA reported: 21,022 passenger vehicle occupants were killed in traffic accidents Roughly two million people were injured in passenger vehicle accidents Ninety-six percent of the vehicles in police-reported accidents were passenger vehicles Of the vehicles involved in traffic crashes in 2014, seventy-eight percent of the fatal crashes involved a passenger vehicle 111,000 people were injured in accidents involving large trucks and 3,903 people were killed Of the people killed in large truck accidents, seventy-three percent were occupants in other vehicles Of the people injured in large truck accidents, seventy-four percent were occupants of other vehicles […]

Does Your Teen Driver Consider Driving a Privilege or an Entitlement?

Vehicle accidents are the number one cause of death for teenagers between the ages of 13 and 19 years. According to an article in the Lexington Herald-Leader, 450,000 teens are injured and 5,000 teens die in car accidents each year. The article discusses how many teens view driving a motor vehicle as an entitlement instead of a privilege that carries immense responsibility. Teach Your Teen That Driving Is A Privilege A person has a different attitude when they view something as a privilege. This implies the thing can be taken away if they don’t live up to specific standards. Instill this attitude in your teen by setting up parameters which he or she must follow to continue to have the privilege of driving a motor vehicle. Many parents make getting good grades as part of the requirement to continue having driving privileges. This also reinforces the concept of responsibility. […]

Shelby County Kentucky Wreck Claims One Life

The Lexington Herald Leader reported on a two-car accident on KY 55 that resulted in the death of a 57-year-old Louisville woman. David E.  Moore, Jr. was traveling north on Taylorsville Road when his car crossed the center line and collided with Julie H. Mundt’s vehicle head-on according to law enforcement officials. Mundt died at the accident scene from her injuries. Moore was taken to the hospital with non-life threatening injuries. Law enforcement officers are still investigating the traffic accident. Median-Crossing Collisions Crossing the median can have deadly consequences, as the above accident demonstrates. When one vehicle crosses into the wrong lane, it is likely to hit another vehicle head on. Head-on collisions account for only two percent of car accidents, but head-on collisions result in ten percent of fatalities from traffic accidents. One reason a head-on collision is deadly is it is as if the driver’s vehicle ran into a brick wall because both vehicles are moving forward at the time of the impact. This increases the severity of the collision. Even at low speeds, a head-on collision can be deadly. […]