Posts Tagged ‘home’

            Carol and Dave had just finished a wonderful dinner in Hawley and were traveling on Route 590 back to their home in the Hamlin area. Jim and Sue, who had accompanied Carol and Dave for dinner, were in the back seat. It was approximately 9:30 PM. It was dark but the road was dry. From what seemed out of nowhere, a car came through a stop sign quite violently striking Carol and Dave’s car broadside. Unfortunately all four occupants of Carol and Dave’s car suffered serious injuries.

            As it turned out, the car that struck Carol and Dave’s vehicle had minimum insurance with only $15,000.00 in coverage. That amount would have been grossly inadequate to cover the injuries of any one of the victims let alone all four. It was also unfortunate that neither Carol and Dave nor Jim and Sue had underinsurance on their own vehicles. Thus the four injured victims would have to split up the $15,000.00.

ISSUE:          How will the money be split?

ANSWER:     The insurance company for the negligent driver will simply pay the money into court and allow the court to divide up the money. Unfortunately, no matter how the division occurs, none of the four victims will be compensated even closely for the amount of damages that they sustained physically and economically. Every insured driver should make sure they have adequate underinsurance coverage on their policy and carry at least $100,000.00 in coverage.

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. 

            Tony was hired to work at the natural gas extraction sites In Pennsylvania at his home in Texas. When Tony signed the employment agreement, he stated that he would submit any Workers’ Compensation case to the state of Texas since his employer was principally based in Texas. Tony did not realize that the reason for this clause in his contract was because Texas Workers’ Compensation benefits for injured workers are far less comprehensive than those for injured workers in Pennsylvania.

            Tony was involved in heavy physical work on the jobsite and while lifting he sustained several herniated discs in his back. Tony was told that he had to pursue his compensation claim in the state of Texas and under the laws of that state.

ISSUE:          Is Tony’s employer correct?

ANSWER:     No. In the state of Pennsylvania, regardless of where the contract was entered into, an employer cannot compel an injured worker to only pursue compensation benefits as this employer attempted to do in one state. Pennsylvania has jurisdiction over any injuries occurring within the state of Pennsylvania regardless of where Tony’s employer is based. Tony would be wise to utilize the laws of Pennsylvania as opposed to the laws of Texas. For example in Texas if Tony is advised by any doctor including the doctor hired by Tony’s employer that he Tony has recovered, Tony’s medical and loss wage benefits would stop automatically. In Pennsylvania Tony would be allowed a hearing and would be allowed to present his own testimony including his treating physicians.

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. 

If your loved one has difficulty swallowing or chewing her food as a nursing home resident, be sure to have the staff care plan for those problems. Attorneys Sean McDonough and Pat Dougherty of The DLP law firm assist families whose loved ones have sustained injury or death from choking related occurrences.

According to the Center For Disease Control, about 1800 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. The attorneys at DLP assist those who have suffered serious injuries from falls in nursing homes. If your loved one has been injured in a fall while living in a nursing home, contact either Patrick Dougherty or Sean McDonough at DLP.

A fact sheet from the National Center on Elder Abuse indicates that “[a]ccording to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection”. While these incidents do not all arise in nursing homes, unfortunately some do. If you suspect that your loved one has been victimized by nursing home neglect, Attorneys Patrick Dougherty and Sean McDonough of the DLP Law Firm have the expertise to assist your family in evaluating your options. Our elderly should be treated with dignity and nursing home injuries are preventable. Nursing home neglect is unacceptable. The attorneys at DLP can help.

According to the Center for Disease Control, each year an average nursing home with 100 beds reports 100 to 200 falls. At DLP, Attorneys Pat Dougherty and Sean McDonough represent victims of these injuries and their families. While some of these incidents are unavoidable, many times residents fall because of a lack of attention and planning for the needs of residents. If you have concerns because of a fall by a loved one in a Pa. nursing home or personal care home, the attorneys at DLP can answer all of your questions.

The attorneys at DLP want you to know that if your loved one is suffering from pressure sores or skin ulcerations that have become infected while living in a nursing home or personal care home, you have rights to address those conditions. Attorneys Sean P. McDonough and Patrick E. Dougherty head up DLP’s long term care practice and have seen many of these cases over the years. Federal and State regulations provide that, in most instances, if you enter a nursing home without pressure sores, you should not develop one while living in a nursing home. According to the Pennsylvania Patient Safety Advisory, skin and soft tissue infections are the third most common infection in nursing home residents nationally, with a prevalence rate that varies between 1% and 9%. If you believe that a loved one is suffering needlessly from this largely preventable condition because of a lack of care by the nursing home or personal care home anywhere in Northeastern Pa., call Sean or Pat at DLP.

DLP has announced that Attorneys Pat Dougherty and Sean McDonough are leading the firm’s efforts in Nursing Home abuse cases.  Attorneys Dougherty and McDonough are creating a marketing campaign highlighting DLP’s success in complex nursing home and personal care home abuse and accident cases.  DLP has handled numerous elderly neglect and abuse cases.  Attorneys Dougherty and McDonough recently received a verdict in excess of one million dollars for an elderly client and her family for an assault in a personal care facility.  The Federal Court verdict was one of the largest for a nursing home/personal care home sexual assault case in the country.

Attorney Sean McDonough is heading DLP’s nursing home litigation efforts.  Attorney McDonough has attended and spoke at several national conferences on nursing home abuse.  He is handling nursing home abuse cases throughout Northeast and Central Pennsylvania.  He is also in charge of DLP’s new nursing home web site and nursing home abuse litigation unit.

Reports indicate that the Nursing Home Industry is questioning the requirements that mandate health insurance for employees.  Cost is the primary consideration and the industry is seeking protective legislation. The lawyers at DLP will monitor this issue since it may impact on the care and treatment received by clients currently in Nursing Homes.  DLP continues to represent individuals and families of loved ones seriously injured as a result of nursing home negligence or abuse throughout Central and Northeast Pennsylvania.