Recent Blog Posts in January 2010

WWAY NewsChannel 3 investigated claims that Glencare of Wilmington, an assisted living facility, has been providing substandard care. Here is what they found:

The staff failed to provide adequate supervision to residents with dementia and special needs in the Special Care Unit. The Department of Social Services (DSS) was informed of two separate incidents in which a resident sexually assaulted two other residents. Both incidents were witnessed by staff members. The resident’s record says he met with a psychiatrist three times in 2008, but the psychiatrist claims that Glencare never told him about the resident’s sexual tendencies. The psychiatrist said if he had known what the resident was doing he could have prescribed medication to suppress his sexual urges.

The report also says a resident care coordinator didn’t file a report about one of the incidents because she didn’t think it qualified as an incident, based on the fact she didn’t see any evidence of an assault. She concluded that nothing happened and failed to send the resident who was assaulted to the doctor. However, Glencare’s policy on non-consensual sexual activity states that if evidence exists that sexual behavior occurred, even if it wasn’t witnessed, the victim must be sent to the emergency room and a doctor must be notified immediately. The administrator is then responsible for notifying the DSS. Not only did staff members witness the acts, but DSS says that doctors were kept in the dark a large majority of the time.

Other violations? The DSS says staff members regularly failed to document medicine distribution, and that the facility hired people who had been flagged for neglecting a patient at other facilities.  

All three of these incidents are considered Type A violations, which DSS defines as violations that can result in the injury, harm, or death of a resident—the worse violation on the books.

Even though 23 complaints were made against the facility last year and eight complaints have been made this year, Glencare still has a 3-star rating on the North Carolina Health Services Adult Care Home Rating website, which was the highest rating a nursing home could receive until the system changed to a four-star rating system this year. A possible reason for such a high rating? The rating is based on a one-day inspection, so if the facility passes the inspection on that particular day, it gets a high rating until the next inspection.

If your loved one was sexually abused or neglected at Glencare of Wilmington or any other nursing home facility, an experienced  North Carolina nursing home abuse lawyer at Lanier Law Group can help you take legal action.  To learn more, contact the office at 1-888-CONSULT to schedule a free consultation.

Whether you ride a motorcycle as your main form of transportation or just for fun, it is crucial that you do not underestimate the importance of wearing a helmet. Countless studies have shown that wearing a helmet is highly effective in reducing the risk of injury, permanent disability, brain damage, and death, and has saved the lives of more than one thousand motorcyclists throughout the U.S. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates that helmets saved the lives of 1,829 motorcyclists in 2008, and that if all motorcyclists had worn helmets, another 823 lives could have been saved. The NHTSA has also found helmets to be 37% percent effective in reducing the risk of fatal injuries to motorcycle riders and 41% effective in reducing the risk of fatal injuries to motorcycle passengers.

When buying a helmet, here are some tips to keep in mind:

• Your helmet should meet the safety standards set forth by the Department of Transportation or Snell
• Make sure the helmet fits you properly. It should fit snug around the top and sides of your head and around your ears and the sides of your jaw. Once the helmet is on your head, move your head side to side. Your head should not slide around, instead your skin should move with the helmet
• Make sure there aren’t any gaps between the face shield and the molding
• Put the helmet on to make sure you have plenty of peripheral vision and that your view is not obstructed
• If you don’t like wearing sunglasses, consider purchasing a helmet with a tinted shield
• Replace your helmet every five years
• Never borrow anyone else’s helmet. It may not fit you correctly, which will reduce its effectiveness in an accident.

All motorcycle riders and passengers are required to wear a helmet in the state of North Carolina. If you need help choosing a helmet, a sales person at a reputable motorcycle supply store should be able to assist you. It is important to take your time researching and learning all you can about helmets before ultimately choosing one to take home. After all, it’s meant to save your life during an accident.

To speak with an experienced North Carolina motorcycle accident lawyer about the value of helmet wear, contact Lanier Law Group today at 1-888-CONSULT!

Premises Liability is the area of personal injury law that governs injuries sustained on the property of another. Premises liability laws state that property owners are responsible for maintaining a safe premises at all times, and for making sure any defect or danger on the property is taken care of in a prompt fashion. When a property owner fails to notify guests or patrons about a dangerous or defective condition on the property, or fails to fix the problem quickly, they can be held liable in a premises liability lawsuit.

There are numerous types of premises liability claims. Some of the more common types of claims include:

• Slip and falls: a condition on the premises causes a person to slip and fall
• Trip and falls: a condition on the premises causes a person to trip and fall
• Dog bites: dog owners can be held liable if their dog bites, attacks or injures a person
• Elevator accidents: sometimes a defect can cause an elevator to fall or malfunction. Property owners are responsible for making sure all equipment on the property is in good working order and is safe for people to use.
• Assaults & attacks: Property owners also have a responsibility to ensure their property is safe and secure. If a person is attacked or assaulted, they can file a premises liability lawsuit against the property owner on grounds of negligent or insufficient security.
• Exposure to hazardous or toxic materials: Exposure to a dangerous or toxic chemical or material can lead to serious health complications or even death. 

These are just some of the accidents and injuries that fall under premises liability law. If you are interested in learning whether or not you have a valid premises liability lawsuit, contact Lanier Law Group today to speak with a North Carolina personal injury attorney about your legal rights and options!

Social Security death benefits are available to people who have lost a member of their family. Those who can receive Social Security death benefits include:

• Spouses
• Disabled Spouses. Disabled spouses often start receiving benefits at age 50
• Divorced Spouses. You must have been married for 10 years and are now over the age of 60 to receive death benefits.  If you got remarried before you turned 60, you might be eligible for something called survivor benefits instead.
• Minor Children. Children who are under the age of 18 and unmarried usually qualify for survivor benefits, as do step-children, grandchildren, and adopted children under certain circumstances. Children who became disabled before the age of 22 also usually qualify for Social Security benefits.
• Dependent Parents. Dependent parents can apply for these benefits, but must usually document and explain why they are disabled or cannot work, as well as why they have been dependent on their family for support.

At Lanier Law Group, we know you’ve just been through a terrible ordeal. The last thing you need is to get caught up in the Social Security Administration’s red tape. A North Carolina Social Security lawyer at our firm can help you apply for death benefits and assist you in gathering all the documents you’ll need, which likely includes a copy of the death certificate, marriage certificate, and birth certificates for minor children. Let us help take the burden off your shoulders. Contact Lanier Law Group today by calling 1-888-CONSULT!

A medication error is one of the most serious forms of medical malpractice a doctor, nurse, pharmacist, or hospital can commit.  When a patient is given the wrong medication or the wrong dosage of a medication, it can lead to serious injury, debilitating health complications, and even death.

Common types of medication errors include:

• Administering the wrong dosage
• Prescribing the wrong dosage
• Prescribing the wrong medication all together
• Prescribing medication that cannot safely be mixed with other medications the patient is currently taking
• Failing to check a patient’s medical history to determine whether or not the patient can safely consume the drug
• Dispensing the wrong medication
• Including the wrong dosage instructions on the prescription bottle

According to an article on ClaimsJournal.com, three separate personal injury lawsuits have been filed against Pfizer Inc., the pharmaceutical company that created the Chantix, the smoking cessation drug designed to help people quit smoking. 

The lawsuits all claim that Chantix led to attempted suicide and death, and that at the time the plaintiffs were taking Chantix, Pfizer never told doctors or consumers about the dangers associated with the drug, which includes depression and thoughts of suicide.  The plaintiffs also argued that Pfizer knew about these risks, but never informed doctors or patients.

Chantix did add warning labels to its packaging, but the attorney representing all three plaintiffs said it was not enough, arguing that Pfizer “intentionally, recklessly, and/or negligently concealed, suppressed, omitted, and/or misrepresented the risks, dangers, defects, and disadvantages” of the drug.

Two of the plaintiffs claim they tried to commit suicide after taking Chantix.  The third is a wrongful death lawsuit filed on behalf of Annette Pine, who killed herself after using the drug. The article on ClaimsJournal.com does not say how long Pine was using the drug before she committed suicide.

The lawsuit, which claims that each plaintiff used the drug properly, is seeking both punitive and compensatory damages, medical and legal expenses, and funeral expenses for Pine.

In defending itself, Pfizer issued the following statement: “At all times, Pfizer has clearly communicated important information about the safe use of Chantix, which is available only with prescription.”

The following information and statistics about large trucks (those whose gross vehicle weight is more than 10,000 pounds) are based on the most recent data from the National Highway Traffic Safety Administration:

• There were 380,000 large truck accidents in the United States
• 4,066 of the 380,000 large truck accidents involved fatalities
• 4,229 people died in large truck accidents in 2008
• 90,000 people were injured in large truck accidents in 2008
• In North Carolina alone there were 1,892 fatal truck accidents
• Large trucks are 3.2 times more likely than other vehicles to be rear-ended in a fatal two-vehicle crash
• One of out of nine traffic fatalities in 2008 resulted from an accident involving a large truck
• Large trucks accounted for 8% of all vehicles involved in fatal crashes
• Of those who died in large truck accidents, 74% were occupants in the other vehicle, 10% were non occupants, and 16% were  occupants of the truck
• Of those injured in large truck accidents, 71% were occupants of another vehicle, 3%  were non occupants, and 26% were occupants of the truck
• 2% of drivers of large trucks involved in fatal crashes had a blood alcohol concentration (BAC) of .08 or higher
• Most fatal truck accidents occur in rural areas, during the day, and on weekdays
• Close to one-fourth of all truck drivers involved in fatal accidents had at least one speeding ticket, compared to 18% for drivers of passenger vehicles

The term “nursing home abuse” refers to more than just physical abuse.  Nursing home abuse is a broad term applied to all forms of abuse, including:

Physical abuse:  Any time a nursing home staff member makes contact with a resident in an attempt to inflict injury it is referred to as physical abuse.  Examples include hitting, slapping, kicking, choking, pushing, burning, pinching, etc.

Sexual abuse:  When a nursing home staff member engages in sexual activity with a resident against the resident’s will it is considered sexual abuse. 

Financial abuse:  Stealing money, credit cards, or ATM cards is a form of financial abuse, as is convincing or coercing a resident into withdrawing money or changing his or her will or trust.  

Verbal/emotional abuse:  Examples of verbal/emotional abuse include threatening, belittling, screaming or yelling, brainwashing, blackmailing, etc.

Neglect: Nursing homes have a legal obligation to ensure its residents are fed, clothed, cleaned, and given any medication when prescribed or when deemed appropriate.  Cleaning a resident’s wounds, changing his or her bandages, changing undergarments, and ensuring the rooms and grounds are clean and sterile is also the responsibility of the nursing home. Failure to do any of this is considered neglect.

When an individual is killed due to the negligence of another, the surviving family members have the right to seek benefits by filing a wrongful death lawsuit. Types of wrongful death benefits include:

• Compensation for any hospitalization or medical care the decedent (the victim) received before he or she passed away
• Compensation for any pain or suffering the decedent experienced before he or she passed away
• Compensation for funeral and burial expenses
• Compensation for lost income the decedent would have contributed had he or she not been killed
• Compensation for lost pensions and benefits
• Compensation for loss of services, protection, care, assistance, society, companionship, comfort, guidance, advice, etc.
• Punitive damages the decedent could have recovered had he or she survived, pursuant to Chapter 1D of the General Statutes
• Punitive damages for wrongfully causing the death of the decedent through malice or willful or wanton conduct, pursuit to G.S. 1D 5

This month, North Carolina began imposing tougher standards for nursing homes, making it more difficult for the facilities to get a top rating. 

Starting this month, nursing homes can now receive a four star rating, where as in the past the highest rating they could receive was three stars. In order for a nursing home facility to receive four stars it must consistently meet high performance standards for two years.  The new rating system will also factor in any penalties for violations the home receives.

Last year was the first year the rating system was in place, and about 95 percent of North Carolina nursing homes scored a three-star rating.

Birth injuries are a serious form of medical malpractice that can affect the quality of the baby’s life for years to come, if not permanently.  These types of injuries occur when a mistake or error is made during labor or delivery.  Perhaps the nurse failed to properly monitor the fetal monitoring strip.  Maybe a doctor failed to quickly deliver a baby in distress, resulting in insufficient flow of oxygen to the brain.  Or maybe the doctor pulled too hard on the baby’s shoulder during delivery, resulting in a brachial plexus injury.

If you believe your child has suffered a birth injury due to medical malpractice or doctor or hospital negligence, you should consult an attorney a Lanier Law Group who can advise you of your rights and legal options.  North Carolina medical malpractice laws state that if a patient suffers an injury, debilitating condition, or death due to the negligence of a medical professional, they have the right to be compensated for:

• Pain and suffering
• Mental anguish
• Lost wages and earning capacity
• Medical expenses relating to the injury
• Physical therapy, speech therapy, medication, adaptive equipment, etc.
• A one-on-one aid or caregiver
• Overall decreased quality of life
• Any additional financial hardship associated with the injury

Acer American Corp is recalling 22,000 Aspire-series notebook computers after receiving complaints that the notebooks were short circuiting and overheating, posing a risk of burn injury to users.

At this time, no injuries have been reported, however, the company is concerned injuries could occur, which is why it has issued the recall.  

According to the Consumer Product Safety Commission, the California-based company has received three separate reports of the plastic external casing melting after the computers short circuited, which officials say is caused by an internal microphone wire under the palm rest.

Model Information

The following is a list of the notebook models that have been recalled:

• AS3410
• AS3410T
• AS3810T
• AS3810TG
• AS3810TZ
• AS3810TZG

The computers were made in China and sold at a variety of locations, including ABS Computer Technologies, Fry’s Electronics, Radio Shack, D&H Distributing, Ingram Micro, Tech Data Corporation, Synnex Corporation, SED/American Express, SYX Distribution, and several other retailers throughout the country.  The computers were sold from June 2009 through October 2009 for anywhere from $650 to $1,150.

If you are unsure whether or not your computer is included in the recall, you can contact Acer for more information.  If your computer is one of the models that has been recalled, you should contact the company for a free repair.

Drunk driving is not just a criminal matter for those who drive drunk.  If you have been injured by a drunk driver, you have legal rights that entitle you to compensation under North Carolina personal injury laws.  Likewise, if your loved one was killed in an accident caused by a drunk driver, you have the right to pursue a lawsuit against the driver for wrongful death benefits.

North Carolina personal injury laws state that if you have been injured in an accident due to the negligent, reckless, wanton, or careless actions of another person, you have the right to seek compensation for your injuries, medical bills, lost wages, property damage, mental anguish, and pain and suffering.  Driving under the influence is a blatant form of negligence.  Not only did the driver break the law, but he or she also disregarded the safety of other drivers and passengers on the road and put innocent people’s lives at risk. 

At Lanier Law Group, an experienced and dedicated North Carolina auto accident lawyer can help you file a lawsuit against the drunk driver responsible for your injuries. Our goal is to protect and advocate your rights and help you secure the largest possible settlement.

If you are interested in scheduling a free consultation to discuss your North Carolina drunk driving accident claim, please fill out a free case evaluation or contact Lanier Law Group today by calling 1-888-CONSULT!

The National Insurance Crime Bureau has reported a 5.4% increase in the amount of questionable car insurance claims submitted between 2007 and 2008. This puts North Carolina in the top ten states with the most “questionable insurance” claims by loss in 2008.

With North Carolina in the number 8 spot on the list, the rest of the top ten includes California (with the most claims), followed by Florida, Texas, New York, Michigan, Georgia, Illinois, Pennsylvania, and Arizona.

What is a Staged Accident/Questionable Claim?

Staged auto accident claims are designed to obtain payment for injuries and other costs associated with an auto accident that never existed.  Sometimes an accident might have occurred, but the extent of the injuries or damage is exaggerated.

Staged auto accidents are another problem.  This occurs when a person purposefully causes an accident so they can file an insurance claim to obtain money.  This is also not only illegal, but it’s also highly dangerous and unfair to the innocent drivers and passengers on the road.

Insurance fraud of any kind drives up insurance costs for everyone, as it costs insurance companies millions of dollars a year to deal with.  Also, every dollar spent on these questionable insurance claims could have been spent protecting drivers who abide by the law.

When a person is bitten by a dog, it is typically the dog owner who is held liable for damages.  North Carolina laws state that dog owners will be held liable and thus responsible for paying damages to a dog bite victim if the following is true:

• The owner allowed his or her dog to run at large while unaccompanied at night. This part of the law only applies to dogs that are six months old or older.
• The dog has severely injured or killed someone in the past.
• The dog has a history of aggressive behavior and the owner knew the dog was “potentially dangerous."
  • A dog is considered potentially dangerous if it was/ is used for dog fighting, if it terrorized a person while away from its owner’s property, if it severely injured or killed another domesticated animal, or if it previously bit a person resulting in disfigurement or broken bones that required hospitalization or surgery.

Are you suffering from an injury, illness, or debilitating condition due to negligent or substandard medical care or treatment?  If so, you may have grounds to file a medical malpractice lawsuit.

Doctors, physicians, and all other healthcare professionals commit medical malpractice when they cause injury, harm, or death to a patient because they failed to provide the same standard of care that another medical professional would provide.  There are many different forms of medical malpractice, some of which include:

• Failure to diagnose a disease or medical condition
• Misdiagnosis a disease or medical condition
• Medication error
• Surgical error or malpractice
• Anesthesia error 
• Emergency room errors 
• Pharmacy errors
• Ordering the wrong tests

In order for a patient to win a medical malpractice lawsuit, they must be able to prove the following:

• That they were being treated by the doctor(s) and medical professional(s) named in the lawsuit, and
• The medical professional(s) acted negligently, recklessly, or below the standard of medical care in their field, and
• That the medical professional’s negligence is what caused the injury or condition to occur

If you have recently suffered an injury due to malpractice or negligence, you are probably wondering whether or not you have grounds to file a lawsuit for compensation.  You are also probably wondering how much your personal injury claim is worth. This is a question we get asked a lot, and it’s always a difficult one to answer without having reviewed the facts of your case. 

The biggest factor that is taken into consideration when determining how much a case is worth is the extent of your injuries, and they will affect your life in the immediate future and in years to come.  Naturally, claims involving minor injuries are worth less than claims involving serious injuries, such as amputations, permanent disability, brain injuries, paralysis, etc.  Other factors that are often taken into consideration include:

• If there was any property damage
• Which person or persons is at fault for the accident
• The degree to which each person involved was at fault

This last point is important.  North Carolina is still a contributory negligence state, which means that if you are even partially at fault for the accident you will be extremely limited in the amount of compensation you can recover. 

Pain, discomfort, and physical limitations are a part of any injury.  When a person suffers an injury while on the job, they have the right to seek both medical and financial benefits through the workers’ compensation system. These benefits are used to pay for the victim’s monthly expenses while they are unable to work, as well as for their medical care, physical therapy, and occupational therapy for their injuries.

While physical injuries are often covered under workers’ compensation benefits, it is less often that people seek benefits to help pay for treatment for the mental and emotional consequences of an injury.  It’s not uncommon for injury victims to experience depression, high levels of stress, anxiety, and mental anguish, especially when an injury limit’s a person’s ability to live life to the fullest.  Furthermore, depending on the extent of the injury, a person may never be able to return to work again.  Losing one’s ability to work is source of stress, anxiety, and depression for many people.  Not only is there concern over how money will be made, but not being able to provide for oneself or one’s family can undermine a person’s sense of self-worth.

Social Security Disability Insurance benefits are available to people who have suffered a total disability, and are now no longer able to work.  If you are planning to file for Social Security disability benefits, it’s in your best interest to hire an attorney to represent you during the application process. Not all people who apply for these benefits will be approved.  While you can file an appeal if your petition has been denied, there are several alternatives to these benefits that you might be able to take advantage of:

A workers’ compensation claim:  If you suffered an injury while at work or as a result of repetitive work duties, you can seek medical and financial benefits through the North Carolina workers’ compensation system.  Unlike other types of injury claims, you do not need to establish fault in order to be eligible for workers’ comp benefits.  As long as your injury occurred while you were working or as a result of your job, you should be awarded workers’ compensation benefits.

A personal injury claim: If your injury was caused by another person’s negligent or reckless actions, you have the right to sue that individual in a personal injury lawsuit. For example, if you suffered an injury after falling on another person’s property, and you can prove the property owner not only knew about the hazardous condition, but also failed to fix, repair, or warn guests about the condition, then you have grounds to file a lawsuit.  In a personal injury lawsuit you can seek compensation for your pain and suffering, mental anguish, medical bills, lost wages, property damage (if applicable), decreased enjoyment of life, and more.

An insurance claim: If you suffered an injury in an auto accident, you may be able to receive compensation from your insurance company for your property damage and medical bills. 

These are just a few of the alternatives to Social Security disability benefits available to you. If you are interested in learning more, please do not hesitate to contact Lanier Law Group today, and an experienced North Carolina Social Security Disability attorney can provide you with the guidance, counsel, and representation you need!

Are you concerned your loved one is being abused, neglected or mistreated in a nursing home? If so, there are several proactive steps you can take to prevent nursing home abuse from continuing to occur:

• Set up a video surveillance system in your loved one’s room.  It is very important that the nursing home staff does not see the video or know that you installed one in the room.  Video surveillance is one of the most effective ways to catch a nursing home worker abusing or mistreating a resident.
• Is your loved one being cared for by a licensed medical doctor? Sometimes nursing homes will employ people to act as doctors and physicians who do not have their medical license.  For obvious reasons, these people might not have the knowledge, experience, or bedside manners to provide your loved one with adequate care.
• Are there licensed vocational or registered nurses on staff?  Again, a non-licensed or trained nurse may not provide your loved one with the level of care that a registered nurse or vocational nurse would provide.
• When you come to the nursing home, look around to see if the home is clean and if it smells right.  A dirty or foul-smelling nursing home could indicate the staff is neglectful and doesn’t care about cleanliness. 
• Look to see if the residents appear clean and well-kept.  Neglected residents often smell and appear dirty.
• Find out if the home has received any citations.  If the home as received citations or has been investigated in the past, you need to consider whether or not that particular nursing home is the best place for your loved one.

These are all simple steps you can take that may prevent your loved one from suffering from abuse, neglect, or mistreatment.  If you later discover that your loved one has been abused or neglected, you can depend on a skilled North Carolina nursing home abuse attorney at Lanier Law Group to help you notify the authorities and pursue a lawsuit against both the nursing home and the individual caretaker responsible for your loved one’s injuries.

To learn more about the services offered a Lanier Law Group, please contact the office today to speak with an experienced North Carolina nursing home abuse lawyer.  

When a person suffers an injury while on the job or as a result of their job duties, he or she has the right to apply for medical and financial benefits through the North Carolina workers’ compensation system.  Unlike other types of injury claims, the victim does not need to establish negligence in order to recover these benefits.  All they need to do is prove they sustained their injuries as a result of their job. 

Because a worker isn’t required to establish negligence to recover workers’ compensation benefits, and because all employers (for the most part) are required to carry workers’ compensation insurance, an injured worker cannot sue their employer for additional damages in a separate lawsuit.  Even if your employer was at fault and found liable for your injuries, you cannot sue him or her in a personal injury lawsuit.

You can however, file a personal injury lawsuit against a negligent third party.  For example, if you work on a construction site and were injured using a defective tool, you could sue the designer, manufacturer, and/or distributor of that tool for damages in a product liability lawsuit.   Another example, say you drive a truck for a living and were injured in an accident while at work.  Although you cannot sue your employer, you can sue the negligent driver responsible for causing the accident.

Contact a North Carolina Workers’ Comp Attorney Today!

If you have suffered an injury in a workplace accident, you should speak with an experienced North Carolina workers’ compensation attorney at Lanier Law Group as soon as possible.  Not only can we help you file a workers’ compensation claim, but we can also help you pursue a lawsuit against a negligent third party.  In doing so you can increase the amount of compensation you are ultimately are able to recover.

Do you need to file a workers’ compensation claim or a personal injury lawsuit? Contact a knowledgeable and dedicated North Carolina workers’ compensation lawyer at Lanier Law Group today!