Elder Abuse – also known as nursing home abuse or neglect.
Although most elderly patients in nursing homes receive excellent care and attention,
there are instances of abuse and neglect. One of the most common mistakes made in
nursing homes is the failure to prevent bedsores. Failure to turn patients who are
unable to turn themselves can cause bedsores to develop which can become very painful
and infected. These bedsores, known as decubitous ulcers, can eventually lead to
amputation or even death. Health care providers who work in nursing homes receive
a great deal of training in the proper methods for preventing bed sores as well as
training in the proper care and treatment of bed sores. There is no reason for
your loved one to suffer the agonizing pain and possible extreme consequences of
these horrible sores.
An elderly man was moved by his family to a new nursing home facility. Within a
few days, he developed a bedsore on his heel. Due to the absence of proper care
and attention, the bedsore became infected. The nursing home facility did not inform
the family about the bedsore and the attending nurses were unable to stop the infection
from spreading. By the time the family became aware of the horrible bedsore and
infection, it was too late. The elderly man’s leg had to be amputated above the
Bar and Restaurant Owners Liability – also known as dram shop liability. Establishments
that sell alcoholic beverages to customers are not allowed to continue serving alcohol
to someone who is obviously intoxicated. If this happens, and if the intoxicated
person injures someone else, the bar owner may be liable for the injuries caused
by the intoxicated person.
Premises Liability –
Store and restaurant owners are required to provide a safe environment for their
customers. When a dangerous condition is created by the store owner or by employees,
or when customers create dangerous conditions which the store owner knows about but
fails to correct. For example, if a customer accidentally drops a bottle of apple
juice on the tile floor of a grocery store, causing the bottle to break open and
spill apple juice in the walkway, a dangerous condition is created by the slippery
liquid on the floor. If the customer tells a store employee about the spilled apple
juice and if the store employee fails to take immediate steps to guard against the
dangerous condition, unsuspecting customers may walk in the area of the spilled apple
juice, step on the liquid and fall to the floor. The store owner may be responsible
for injuries suffered by the customer.
After having dinner at one of her favorite restaurants, an elderly customer walked
toward the exit door. As she tried to leave, the door did not open with ordinary
pushing due to its age and other defects. When the elderly customer applied an extra
amount of pressure in order to open the door, the door suddenly popped open, causing
her to fall to the concrete floor. She suffered a fractured hip. This is the type
of accident that should never happen to an unsuspecting customer.
Dog Bites/Attacks - Arizona law requires all dog owners to keep their dogs from
biting people. Dog owners are responsible for dog bites even when the dog owner
has no reason to believe that his dog might become aggressive and even if the dog
has never bitten anyone before.
A 7-year-old child was visiting a house where his mother worked as a maid. The home
owner had a family pet dog. The boy tried to pick up some cereal that had spilled.
The dog bit the boy on the face leaving permanent scars on his face.
Products liability –
Sometimes injuries happen because a product is improperly designed or because it
is manufactured with dangerous defects. Sometimes a seatbelt latch unexpectedly
pops open. Sometimes an airbag system does not function properly during an accident
and sometimes a vehicle will unexpectedly rollover during ordinary use. Many people
have been injured when tires blow out for no apparent reason.
An experienced driver was simply traveling home from work and was driving on a flat,
straight highway with a smooth, paved surface. For no apparent reason, one of the
tires on her vehicle blew out, causing her vehicle to swerve to the right. The driver
turned the steering wheel to the left in order to bring the vehicle back onto the
paved surface and, unfortunately, the car went out of control and rolled over several
times. The driver was killed.
Medical Malpractice –
The law does not require doctors, nurses and other health care providers to be perfect
in everything that they do. However, our society does expect health care providers
to perform their duties and obligations in a high quality, professional manner. If
a doctor or nurse is not careful and if mistakes are made which lead to injury or
death, the doctor or nurse may be responsible for the injury or death. Most of us
are very happy with our doctors and surgeons and are very thankful for the excellent
work that they do. However, when mistakes are made due to medical negligence the
health care provider who makes the mistake should be liable for resulting injuries.
A woman in her 30’s reported to the emergency room because of severe abdominal pain.
Even though a number of tests were conducted, the test results were misread and
consequently, the attending health care providers failed to diagnose a very serious
health problem. The unfortunate woman died before her doctors were able to identify
her problem and provide life saving care.