Archive for the ‘Attorneys’ Category

How do we prevent Pennsylvania nursing home abuse & injuries?

• Assessing patients after a fall to identify and address risk factors and treat the underlying medical conditions
• Educate staff about fall risk factors and prevention strategies
• Reviewing prescribed medicines to assess their potential risks and benefits and to minimize use
• Making changes in the nursing home environment to make it easier for residents to move around safely. Such changes include putting in grab bars, adding raised toilet seats, lowering bed heights, and installing handrails in the hallways.
• Providing patients with hip pads that may prevent a hip fracture if a fall occurs.
• Using devices such as alarms that go off when patients try to get out of bed or move without help.

          Billy Jean and Earl had been married for six years and seemed to have a perfect marriage.  Needless to say, Billy Jean was totally shocked when Earl approached her and stated that he wanted a divorce.  Earl made it clear that it wasn’t anything that Billy Jean had done so much as the fact that Earl simply fell in love with another woman. Through further questioning, Billy Jean found out that Earl’s new girlfriend was Billy Jean’s cousin Ruby.  Billy Jean stated that if men were cows, Ruby would have been hung years ago as a cow rustler because she had done this many times before.  Billy Jean stated that Ruby had a particular taste for married men and that Earl would certainly be dumped and fall into a long line of men who had had their good marriages broken up by Ruby.

Billy Jean was so incensed that she decided to see a lawyer to see if she could sue Ruby for alienation of affections or any other possible cause.  Billy Jean certainly felt that Ruby had ruined her life not to mention the fact that the divorce would have a devastating effect on the two young children that Billy Jean and Earl had.

QUESTION:          Can Billy Jean pursue a civil action against Ruby?

ANSWER:          At this time there are seven states in the U.S.,  mostly in the South, where a scorned spouse can sue the new boyfriend and/or girlfriend for property damages. In those states the spouses are considered a unique form of property,  and thus,  in effect when one is alienated from the other because of actions taken by people such as Ruby, the injured spouse has the right to sue people such as Ruby.

In Pennsylvania no such cause of action exists, and Billy Jean’s only revenge will be support payments for her and her children and ultimately,  the eventual “I told you so”  to her husband Earl.

Each year, a typical nursing home with 100 beds reports 100-200 falls. As many as 3 out of 4 nursing home residents fall each year. Many of these go unreported. About 5% of adults 65 and older live in nursing homes, but nursing home residents account for about 20% of deaths from falls in this age group. Patients often fall more than once. The average is 2.6 falls per person per year. About 35% of fall injuries occur among residents who cannot walk.

How serious are these falls?

• About 1,800 people living in nursing homes die each year from falls.
• About 10% to 20% of nursing home falls cause serious injuries; 2% to 6% cause fractures.
• Falls result in disability, functional decline and reduced quality of life. Fear of falling can cause further loss of function, depression, feelings of helplessness, and social isolation.

By 2020, Pennsylvania’s 60 and older population is expected to be 25% of the total population to more than 3 million people. By 2020, the number of people age 85 or older is also expected to increase 10% to more than 360,000 residents. (2007 Census) Pennsylvania’s long term care cost is higher than the national average. Medicaid pays an average of $7.50 per hour for care services in nursing homes. Nationally, the average annual cost for a private room in a nursing home is $74,806. The average annual cost for a private room in a Pennsylvania nursing home is $77,646. In the greater Philadelphia region, the cost is higher for a nursing home private room, at $91,954 annually (Genworth Financial 2007 Cost of Care Survey).

What is the difference between medicare and medicaid? Watch the video to learn more:

Question: I work for a business based in Pennsylvania. I was injured on the job but my injury occurred out-of-state. Can I pursue a Pennsylvania workers comp claim?

Answer: It will depend on the facts and your work situation. The Pennsylvania Workers Compensation Act applies to all injuries that occur within Pennsylvania. If the injury occurs outside of Pa., the Act may apply if:

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Drinking water to at least three (3) properties in Lenox Township, Susquehanna County, Pennsylvania suffered methane gas pollution due to faulty drilling procedures by Cabot Natural Gas according to DEP officials. The water pollution violations occurred in September, 2011. DEP failed to post the violations as required by law. DEP officials noted failure to post was an “oversight”. Meanwhile, Cabot is supplying fresh water to the affected properties and is trying to correct the problems. Water contamination at or near natural gas drilling rig sites has been a primary issue with environmental groups overseeing natural gas development in the Marcellus Shale drilling regions of Northeastern and Central Pennsylvania.

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The Philadelphia Inquirer today reports on issues outstanding over disposal of fracking waste water/liquids following earthquakes at a waste disposal deep well site near Youngstown Ohio. The fracking drilling process in the Marcellus shale region of Pennsylvania creates significant liquid waste containing many pollutants. Originally processed and released into Pennsylvania streams and rivers, the waste is now either recycled–the preferred method according to gas industry leaders—or trucked to deep well disposal sites mostly in Ohio. Environmental critics are citing the Youngstown earthquakes as another example of unregulated drilling and disposal of hazardous waste. Industry insiders note that there are hundreds of deep well disposal sites, and the Youngstown site earthquakes are unusual events and not the norm.

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Question: You’ve been injured on the job. Your employer has acknowledged the claim and has paid your wage loss benefits and is paying for your work related medical expenses. Can you now sue your employer in a civil case seeking additional damges for pain and suffering, future losss of earnings, etc.?

ANSWER: Generally speaking, NO. The Pa. Workers Compensation Act contains provisons which hold that a workers compensation claim is the exclusive remedy available to an injured employee against his employer for injuries suffered on the job. The Act states “the liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death” suffered in course and scope of employment.

However, if the work-related injury suffered by an employee is caused by the negligence of a third party, then the employee may bring a civil action seeking damages against the negligent third party.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

The water problems and debate in Dimmock Pennsylvania continue.  CABOT GAS,  gas drilling company does not need to provide additional water to residents.   Property owners claim that methane levels in their water are increasing.  Experts continue to fight over the water issues.  The thirteen (13) lawyers at Dougherty Leventhal Price LLP—PENNSYLVANIA TRUCK ACCIDENT LAWYERS AND MARCELLUS SHALE DRILLING RIG ACCIDENT LAWYERS–CONTINUE TO FOLLOW THIS AND OTHER GAS DRILLING ISSUES IN CENTRAL AND NORTHEASTERN PENNSYLVANIA.

The boundaries for the Marcellus shale gas field in Pennsylvania are still being defined.  Drilling rigs are popping up at full speed in counties such as Bradford, Susquehanna and Tioga Counties.  However, fields are still undefined and the number of drilling rigs under construction have leveled off or declined in counties such as Wyoming, Luzerne and Potter Counties.  The thirteen lawyers (13) at DLP:–PENNSYLVANIA TRUCK ACCIDENT AND MARCELLUS SHALE GAS DRILLING RIG ACCIDENT LAWYERS continue to follow this and other gas drilling issues in Northeastern and Central Pennsylvania.