Articles Tagged with hurt

nursesWhen you entrust a loved one to the care of a nursing home, you understand that there are certain risks and that certain bad things can happen. The chances are, though, that you don’t expect that those things include having your loved one brutally killed by their roommate in an unprovoked attack. Depending on the circumstances of the attack and the events leading up to the attack, the nursing home may have some responsibility for creating the conditions that led to the death. If that happens, your family might have certain legal rights against the nursing home. A knowledgeable Massachusetts nursing home negligence attorney can advise you about your options.

One of the most recent fatal roommate-on-roommate nursing home attack cases, reported by the Boston Globe, occurred at a nursing home in Randolph. The 86-year-old James was lying in bed when his roommate, the 58-year-old Walter, attacked him with a heavy ceramic flower pot. The next day, the injured man died from severe head trauma.

James’ death is not the first of its kind in Massachusetts. A few years ago, a family pursued a wrongful death action on behalf of their 100-year-old loved one. Elizabeth died after her 98-year-old nursing home roommate, Laura, beat her and then strangled and suffocated her with a plastic bag. Elizabeth’s family was unable to win their wrongful death lawsuit against the nursing home because they simply didn’t have the evidence they needed to show that the nursing home knew or should have known that Laura was at risk of murdering her roommate.

Legal News GavelWhen you are injured due to someone else’s negligence, such as in a slip-and-fall or trip-and-fall accident, you may be entitled to compensation for the amount of damages that you’ve suffered. In certain circumstances, though, your ability to recover payment for the full extent of the harm you suffered may be limited, even if you have proof of negligence and of the harm you suffered. One such scenario involves cases where the entity who allegedly harmed you is entitled to immunity. Obtaining full success, then, is making sure that you are able to persuade the court that no form of immunity should apply to protect that person or entity. When it comes to these and other litigation strategies, make sure you have a knowledgeable Massachusetts injury attorney to represent you.

Today, what is a “public” entity versus a private one can be less than perfectly clear, given the increasing prevalence of public-private partnerships. Take, for example, public housing. A public housing program may be operated by a public housing authority (a governmental entity,) but the individual properties may be owned and/or managed by private entities. That was the situation facing a man injured in a recent slip-and-fall case.

J. allegedly slipped and fell while going down the stairs at his public housing apartment building. The resident suffered significant injuries, so he sued several entities for the harm he incurred. The entities he included in his lawsuit were the local housing authority, the owner of the building and the owner’s managing agent.

Legal News GavelIn Massachusetts, the law gives you only a limited period of time to pursue a claim for workers’ compensation benefits. This fact serves as a reminder that, if you’ve been hurt on the job, it is important to reach out to an experienced Massachusetts workers’ compensation attorney promptly. A knowledgeable lawyer can help you assess your case and the period of time that you have in which to act.

The recent case of a nurse from Lynn was an example of how the statute of limitations can potentially matter in a workers’ compensation claim. Tammy was a registered nurse at a hospital when she first hurt her neck at work in January 2007. Two months later, she had a discectomy and fusion surgery because her pain was getting worse. She returned to work that summer. In 2012, her neck problem flared again, and she couldn’t turn her neck. She missed three months but then went back to work. Her neck problem flared again in April 2014, and she never returned to work. In July 2015, she underwent another discectomy and fusion surgery.

Three months after the second surgery, she filed a claim for temporary total disability workers’ compensation benefits. In her claim, she listed the date of her injury as April 15, 2014, her last day of work.

Legal News GavelIn many situations, there may be more than one type of legal theory that allows you to win your case and obtain a recovery of damages. For one woman who broke her hip trying to enter a Cape Cod garden store, she was able to advance her premises liability lawsuit even though she didn’t have proof that the store owner had actual notice or constructive notice of the tripping hazard that caused her to fall. The customer succeeded because she persuaded the courts that she should be allowed to go forward based upon something known as a “mode of operation” analysis. This alternate means of pursuing a premises liability case is just one example of how it can pay to have skillful and knowledgeable Massachusetts premises liability counsel on your side.

The injured woman, Linda, was a customer who was attempting to enter the store when she fell. The fall took place along a walkway that was surrounded by a gravel area that the store used to display products for sale. One of the gravel rocks had found its way onto the walkway and caused Linda to trip and fall, which resulted in her suffering a displaced fracture of her right hip.

The customer filed a lawsuit against the owner of the store for her injuries. The store moved for summary judgment, which would have ended Linda’s case before she even got to trial. The store’s argument was that the law of premises liability required an injured person to show the existence of actual or constructive notice, and Linda had proof of neither, so she had no case. “Actual or constructive notice” means that the owner or party responsible for a certain property either actually knew or reasonably should have known about a hazardous condition (such as gravel rocks in a walkway).

Legal News GavelIn any workers’ compensation case, your medical history has the potential to be an issue. If you have pre-existing conditions that already afflicted you prior to your workplace accident, your employer may try to argue that your disability is a result of those pre-existing conditions, rather than your workplace accident. The key is to have a workers’ compensation case that is strong enough to overcome these arguments. An experienced Massachusetts workers’ compensation attorney can help by providing zealous representation as you seek to defeat these and other arguments against your claim for benefits.

Employees can face a wide array of risks on the job. For workers in a psychiatric care facility, that array is especially broad. Daniel was an employee of the Commonwealth’s Department of Mental Health, working in the psychiatric area of the Tewksbury State Hospital, and his case was an example of that. On Aug. 7, 2010, a patient attacked Daniel, punching him in the head and then kicking him in the chest and abdomen until the worker lost consciousness. The attack caused Daniel to have chronic lower back pain along with deep vein thrombosis, pain, and instability in his right leg (which were tied to the lower leg fracture he suffered in the attack).

In Massachusetts, the law has done away with competing medical experts providing opinions on behalf of the employer and the injured worker. Instead, the law now requires that the injured worker undergo an examination by an impartial examiner. The judge in Daniel’s case relied heavily on the independent doctor’s opinions to conclude that Daniel was totally disabled.

Legal News GavelSlip-and-fall or trip-and-fall accidents are relatively common, but they also can potentially be very serious situations that cause long-lasting or even lifelong impacts upon the people hurt in them. When this harm is a result of the inappropriate action or inaction of others, the injured person may be entitled to a monetary recovery in court. If you’ve been harmed in a slip-and-fall or trip-and-fall accident, there are many things that you should do right away. At the top of your list should be retaining an experienced Massachusetts premises liability attorney to represent you in your case.

Frances was someone who found herself in a slip-and-fall case. She was walking on the property of a senior living facility in Norwood when she fell, allegedly suffering injuries as a result of that fall. When you are hurt in a trip-and-fall or slip-and-fall accident, there are several things you can do immediately to help yourself. For example, if you have ready access to a camera, you can take pictures of the area where you fell to preserve an image of the area as it existed at the time of your accident. You can also request a copy of any incident reports the property owner or manager has written up.

Of course, as discussed above, one of the important things you should do is retain skilled injury counsel. Whether you need to collect and present the factual evidence of your case or make legal and procedural arguments before a judge, all of these things can be enhanced by having knowledgeable counsel. In Frances’ case, the latter half of this list (legal/procedural issues) took center stage. The ownership structure of the senior facility involved several layers of business entities, including corporations and LLCs.

Legal News GavelOnce you’ve successfully filed a workers’ compensation claim and obtained an award of benefits, your employer may attempt various techniques to stop paying, or avoid paying entirely, the benefits you were awarded. In one recent Supreme Judicial Court case, the employer tried to avoid paying because the benefits recipient was suspended from his job, and the law denies suspended public employees the right to receive any compensation. The High Court declared that a worker’s workers’ compensation benefits aren’t “compensation” in that context, so even a suspended employee can continue to receive his benefits. This important decision highlights the fact that, even if you have some unfavorable facts in your case, the law may still entitle you to a successful outcome, which is but one of many reasons why it is important to work with a knowledgeable Massachusetts workers’ compensation attorney to pursue and protect your rights.

The case involved Brian, a man who had been employed by the City of Boston as an EMT and paramedic for nearly two decades when, in 2011, he suffered a significant ankle injury while transporting a patient. The injury was serious enough that the paramedic was able to pursue a claim for workers’ compensation benefits and receive benefits for nearly a year. Then, in 2012, Brian got indicted on drug charges related to the misuse of drugs intended for EMS patients.

The city suspended Brian indefinitely without pay. In addition to ceasing paying the paramedic his salary, moreover, the city stopped paying the man his workers’ compensation benefits. The paramedic complained to the appropriate governmental body, the Department of Industrial Accidents, and the department ordered the city to resume making the workers’ compensation payments. The city did not do so.

Legal News GavelAccording to research by the Urban Institute, nearly 70% of people age 65 and older will develop disabilities during their lifetimes, and more than one-third (35%) of people in that age group will need nursing home care at some point. When we entrust a cherished loved one to the care of a skilled nursing facility, we are placing the highest level of trust in them. Unfortunately, sometimes, those facilities fail to meet the standard of care the law requires of them. When they do, and that neglect leads to harm (or even death), you are entitled to hold them accountable, which involves retaining an experienced Massachusetts nursing home negligence attorney and pursuing legal action.

When an injury or death happens, you may have to deal with multiple entities, including the facility, insurance companies, and outside entities hired by the insurers. In some situations, the mistreatment doesn’t end with the substandard care your loved one received in the nursing home. Sometimes, the facility’s insurers can continue the mistreatment by the way they interact with you after the injury or death has taken place. When that happens, your case may involve more than just pursuing a nursing home negligence action against the facility alone; it may also mean taking on the insurance companies. That was the case for one man, Garrick, who sued following the 2008 death of his elderly mother in a nursing home in Danvers.

Reports of the events leading up to Garrick’s mother’s death were horrific. The 92-year-old Genevieve was rushed to the hospital after she fell from her wheelchair. Hospital staff discovered that Genevieve had “a festering pressure sore on her back, acute appendicitis, a urinary tract infection so severe it had invaded her blood stream, kidney failure, uncontrolled diabetes, and severe dehydration,” according to a Boston Globe report.