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Lexington Personal Injury Law Blog

Nursing home fined and sued re neglect claims, deaths

Some of the most important decisions in life involve finding trusted care for loved ones. When help is sought for an elderly family member in failing health, the facility selected is trusted to provide appropriate care. Unfortunately, there are frequent reports of vulnerable Kentucky residents suffering significant harm from neglect or abuse in nursing facilities.

Recently, two families filed lawsuits over the loss of their loved ones when the nursing home entrusted to care for them seemingly failed. One of the residents died in the summer of 2017. In Feb. 2018, two more residents died on the same day. Though the particulars regarding one of those deaths have not been disclosed, the other families are seeking justice.

What happens when “the other guy” is an uninsured motorist

Kentucky requires all motorists to carry auto insurance that includes liability, meaning the company will pay for injuries and damage done by its customer.

But a disturbing number of Kentuckians break the law by driving without any insurance, or without liability insurance, or with policies that often don’t cover enough. What happens if you’re involved in a car accident with an uninsured or underinsured motorist?

Crashes involving commercial vehicles often take terrible toll

For many travelers in Kentucky and elsewhere, the decision to take commercial transportation is an easy one. Not having to deal with traffic during long drives may allow passengers to relax and enjoy the journey. Unfortunately, when these types of commercial vehicles are involved in a crash, victims often pay a significant price in physical, psychological and financial suffering.

Officials with Kentucky law enforcement and Greyhound Transportation are both working to determine what led to a serious crash involving a Greyhound bus and a flatbed tractor-trailer. According to the preliminary report, the bus driver had recently left a stop and was traveling to his next destination. He was operating the bus in the center lane of the three northbound lanes on the highway. For reasons that are yet unknown, the 64-year-old driver veered out his travel lane and collided with a flatbed semi traveling in the far left lane. 

Medicare: an estimated 1 in 5 ER visits related to neglect; abuse

The decision to place a failing family member in a nursing home may come with some anxiety over the quality of care. A report from 2016, from the Inspector General's Office for the Department of Health and Human Services, noted that approximately 20% of emergency medical treatment for Medicare beneficiaries was related to possible abuse or neglect of nursing home residents. Though the report included nationwide statistics, residents in Kentucky nursing facilities could potentially be at risk.

In spite of the Inspector General's report, many nursing homes do not report suspected abuse or neglect to state regulators. In addition, even when a report has been substantiated, local police are often not informed. Some families have learned of abuse through the use of nanny cameras that captured footage of abuse carried out by nursing staff. 

Kentucky looks to redesign site of multiple semi truck accidents

The nation's highways are often congested and over-crowded, especially around larger, metropolitan areas that are busy commerce hubs. While it is imperative that goods are received in a timely fashion, these freeways are often the scene of a deadly semi truck crash due to poor roadway design. Kentucky officials received approval from the Federal Highway Administration to submit plans for a redesign of a dangerous interstate junction. 

In 2016, a portion of I-64, I-65 and I-71 were rebuilt as part of an Ohio River project. The junction has since been the scene of multiple serious big rig crashes. During an 8-week stretch, there were approximately eight crashes involving large trucks. The wrecks led to road closures that lasted several hours, thereby creating more traffic problems and the potential for additional accidents.

Nursing home neglect? Study finds under-staffing may be to blame

It is no secret that nursing homes struggle to retain adequate staff. A recent study found that approximately 75% of these facilities are chronically understaffed by registered nurses. Kentucky residents who have loved ones in nursing homes may have reason to worry about the potential for neglect.

Along with alarming under-staffing percentages, researchers also found that an estimated 70% of nursing facilities inflated the numbers of direct care workers using the self-reporting system. Instead of the widely used Casper system, the study relied on payroll data to arrive at a more accurate figure for staffing levels. In spite of objections that payroll data may not give a complete picture, the data reflects a disturbing lack of skilled care at a majority of nursing homes, especially during the weekends. It was noted that the discrepancy between self-reported totals and payroll data was greater at for-profit homes than at non-profits and government-funded facilities. 

USPS halts service to Kentucky location with series of dog bites

Those who work in the mail and parcel delivery fields must contend with all manner of weather conditions, traffic congestion and a wide variety of personalities. Unfortunately, they also have another obstacle that can cause them to suffer serious physical and psychological injuries: dog bites. In an effort to protect U.S. mail carriers in one city from suffering these types of attacks, mail delivery to one Kentucky street has been temporarily halted.

According to a United States Postal Service representative, one neighborhood in Louisville has a troubling history of dog-bite incidents. The decision to stop home delivery was made after a USPS worker was forced to evade a a possible attack by three dogs running loose on the street. Until the situation can be improved, residents will required to collect their mail at a local facility.

Man faces homicide and other charges after fatal car crash

With the growth of on-line sales continuing to escalate, the need to deliver these products means there are more trucks on the road. Though the majority of these drivers strive to complete their deliveries in a safe manner, the chances of a serious car crash involving these tractor-trailers increases due to higher demand and strict time constraints. Sadly, one woman recently died along a Kentucky highway in a fatal crash involving a man hauling an Amazon Prime trailer.

According to police, a woman driving a passenger vehicle was forced to stop with other traffic while traveling through a construction zone. A 34-year-old man traveling north in his semi-truck apparently did not reduce his speed in time to avoid colliding with the stopped traffic ahead of him. His truck then slammed into the woman's vehicle.

Potential nursing home neglect and abuse going unreported

The day inevitably comes when our loved ones become unable to comfortably take care of themselves. The day when, for their own safety, they are admitted to a nursing home or long-term care facility.

You expect the nursing home will provide expert care for your family member. What you should never expect to worry about in your parents', grandparents' or relatives' future is the potential for nursing home neglect or abuse.

Kentucky Supreme Court says injured girl can sue House of Boom

If you’re the parent of a young child, you may have been to one of the many trampoline parks cropping up across the nation. These parks have recently become a billion-dollar industry, fueled by excited, sugar-high children. They jump, flip and race around, often with no regard for other children’s safety.

But when you go to one of these parks, you’re almost always asked to sign a waiver. Even before you get in the door, the park may ask you to give up any right to sue in case of injury. The problem is that you’re not signing away your right to sue. You’re signing away your child’s right to sue. And the Kentucky Supreme Court recently stepped in to say parents and parks couldn’t deny children their individual rights.

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