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Nursing Home Workers Sometimes Assert Senior Rights

Submitted by jrlaw on Jan 3rd, 2013

Three recent wrongful termination lawsuits filed in Michigan detail how the employees at a nursing home sometimes end up being the ones to assert the rights of senior citizens and other patients.

In one case, an employee filed a wrongful termination lawsuit because she was assigned to a patient that she knew she would not be able to provide adequate care for. The nurse had injured her wrist and had a limitation on how much weight she was supposed to lift. She told management that she could adequately care for the patient to which she had been assigned and, eventually, that resident did end up falling. The nurse told this to a state investigator and that she was told not to write up a report about the incident and, the next day, the nurse was fired, leading to the lawsuit.

Unsafe Working Conditions Alleged in Lawsuit

Submitted by jrlaw on Jan 3rd, 2013

A lawsuit has been filed by two teenage boys who were injured in their workplace. The lawsuit alleges that the Oklahoma teenagers, who were working on a grain auger, were injured by the machinery due to unsafe conditions in their workplace.

The defendant has been fined by OSHA due to not having workers compensation in place at the time of the accident, according to the Enid News and Eagle. The company is being sued for over $75,000 in damages. According to the reporting, the lawsuits in total alleged that there were five separate counts of negligence on the part of the employer.

Each of the boys lost a leg in the incident. One of the boys was working on the machinery when his leg got caught in it. The other boy attempted to help the boy who was stuck and ended up getting caught in the auger himself. In addition to losing a leg, both of them sustained critical injuries during the incident.

Training and Negligence

Among the allegations made in the lawsuit is that the boys were not provided with adequate training. There are strict OSHA requirements for training for working on certain types of machinery. There are also age restrictions for working on particular types of machinery in the workplace. If an employer violates age limits or if they fail to provide proper training, they may well be held to be negligent if one of their workers becomes injured.

Student Plummets from 4th Floor Dorm Window

Submitted by jrlaw on Jan 3rd, 2013

A student fell from a fourth floor window at Bowling Green State University, triggering an investigation. The incident occurred last year, when the dormitory had just been opened. The dormitory is a five floor building, and the fall took place around three o'clock in the afternoon, according to reports by Fox Toledo.

The student was listed in good condition when he was brought to the hospital. This particular building, according to the reporting, has two section windows. Students are able to open up the smaller section of the window to get air into the dormitory.

Genetics and Negligence Can Both Cause Birth Injuries

Submitted by jrlaw on Jan 3rd, 2013

Birth injuries can occur for a wide variety of reasons. In some cases, birth injuries happen because of a genetic predisposition, because of an illness or because of something that occurs inside the womb that could not have been predicted. There are cases where medical negligence ends up being the cause of a birth injury, as well, and these sometimes could have been prevented.

Genetics

Cerebral palsy is one of the most common conditions that results from birth injuries to the brain. Birth injuries to the brain can sometimes manifest because of a genetic predisposition. For instance, the brain may simply not form correctly, causing scenarios such as the brain cells failing to migrate to the correct position in the brain or scenarios when brain cells do not form at all. Should this occur in certain areas of the brain, it can cause the symptoms of cerebral palsy.

Some Examples of Medical Malpractice

Submitted by jrlaw on Dec 27th, 2012

Medical malpractice comes in many different forms. The key thing to keep in mind if you suspect that you may have been a victim of medical malpractice is that the doctor will have to have breached their duty to you as a patient in some regard. There are many ways that this can happen. Some of the most common ways follow.

Motorcyclist Critically Injures Pedestrian

Submitted by jrlaw on Dec 27th, 2012

According to a press release, a motorcyclist critically injured a pedestrian in New York. The release states that the motorcyclist was drinking before the incident and that he had ran a red light at an intersection. The motorcyclist was charged with driving a motor vehicle while impaired and with vehicular assault.

Child Left in Daycare Van for Second Time

Submitted by jrlaw on Dec 27th, 2012

 

A three-year-old child was found to have been left alone in a van in Tampa, Florida by a daycare for the second time. According to reporting, the child was left alone for approximately 4 hours. Bay News 9 reported that the child was picked up by the director of the daycare at approximately 8 AM and left in the facility's van.

This marked the second time that this same child had been left alone in a vehicle belonging to the daycare. The child was discovered by a child care licensing inspector who was visiting the daycare unannounced, according to the report. They contacted the mother, told her to come get her child and, according to the reporting, the mother now feels that something has to be done.

While it may seem odd that the mother brought her child back to the same daycare where this had happened before, she points out in the report that the bus driver who had left her child unattended in a vehicle in the first incident had been fired.

Chantix May Raise Risk of Cardiovascular Events

Submitted by jrlaw on Dec 27th, 2012

The FDA has stated that Chantix, a drug prescribed to relieve the symptoms of smoking cessation, may increase the risk of having a major cardiovascular event.

This data was collected during clinical trials and demonstrated that there was a higher occurrence of adverse cardiovascular events in patients who were using the drug Chantix when compared to patients who were using a placebo. Major cardiovascular events include nonfatal heart attacks, cardiovascular related deaths and nonfatal strokes.

Daycare Owner Faces Life Over Death of Child

Submitted by jrlaw on Nov 26th, 2012

A daycare owner could face life imprisonment over the felony murder of a child that occurred at her home daycare facility. As reported by Enid News, prosecutors in the trial say that a fire broke out in February of 2011 at her home daycare when the woman went to the store. She had left a pan of oil on the stove and the stove was turned on, eventually causing a fire. The children involved were from 16 months old to three years old. She pled guilty to a charge of felony murder in the death of one of the children.

Unknown Background

Half of Medical Malpractice Payments from Treatment Outside Hospital

Submitted by jrlaw on Nov 26th, 2012

According to a study of the National Practitioner Data Bank, approximately 1/2 of medical malpractice payments are awarded to patients who received care outside of a hospital. While the common perception of medical malpractice may involve a botched surgery or negligent care delivered in an emergency room or hospital, this study shows that a clinic, urgent care facility or other healthcare provider facility is also a place where patients are at risk for being victims of medical negligence.

Outpatient Care

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