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San Diego Assisted-Living Home Workers Found Guilty of Harming Seniors

Over the last few years, assisted-living home workers in San Diego County have been cited for negligence in their care of seniors and for giving them incorrect medications.

The facilities under fire are all referred to as “care homes”. They are not health care facilities, and employees do not have the necessary medical training for their assisted living home to be classified as a health care facility. In September of 2013, there were allegedly 27 deaths as a result of neglect and injuries across these various facilities.

One of these cases involved a resident with a wracking cough that went ignored. Approximately six days before the individual was sent to the hospital, the family was told that the senior needed medical care. The patient died at the hospital. In another case, a resident was taken to the emergency room after receiving the wrong medication from a temporary worker. The worker did not check the patient’s full name before administering the drugs (her roommate had the same first name).

Over the years, national media has detailed assisted-living staffing shortages, neglect, unsafe storage of medications, failures to call 911 when a resident sustains a serious injury and the retention of residents who need more care than an assisted-living home is able to provide.

There are approximately 7,700 assisted-living facilities in the state of California. The California Department of Social Services regulates and licenses them. The Department insists it does a credible job of staffing them and ensuring that all rules are followed in resident care.

Too many vulnerable seniors face risks when their care is not provided with dignity, respect and safety in mind. If you see or suspect any form of nursing home abuse, talk to a competent nursing home abuse lawyer. These attorneys are uniquely situated to help you put a stop to the abuse.

Daughter of Man Shot by California Deputies Sues for Wrongful Death

Several years ago, a Californian man was shot by two San Diego deputies. Allegedly, the man was suffering from depression and displaying suicidal risk signs. During a domestic dispute, his girlfriend called for police assistance. Two officers responded, arrived at the scene and asked him to raise his hands. He did so, showing that he was holding a knife. As he stepped toward the officers, they both shot him twice, killing him.

His daughter was 12 years old at the time. Now, she has filed a wrongful death lawsuit against the police force. At trial, the plaintiff claimed that her father was not rushing the officers and had a vacant look on his face as he stepped forward.

The man’s daughter originally filed for wrongful death, negligent hiring/supervision of the officers named as defendants and further violations of the 14th and 4th Amendment rights of her father. Initially, a federal court granted summary judgment to the deputies. The 9th Circuit court later asked the California Supreme Court if the officers would be found liable under state law. The Court answered that they could be, so the case was remanded back to the lower court in order to determine whether the daughter could file a survivorship claim as the result of the possible violation of her father’s 4th Amendment rights. The court found that the officers had fired only in self-defense, and that they did not need to wait to be attacked to take action. However, they allowed the daughter to proceed with the wrongful death portion of her claim.

Wrongful death cases are difficult for everyone involved, and this case is no exception. Each may take a number of years to be resolved. Often, cases involve larger issues and complex circumstances, so it is imperative to discuss any wrongful death situation with an experienced personal injury attorney. Do not wait to speak to a lawyer. All states have wrongful death statutes that limit when such a lawsuit may be filed. If you miss the deadline, you will no longer be able to pursue your claim.

Gadgets Increase Odds of Vehicle Accidents

If you drive and text at the same time, you risk a serious or fatal accident. You could lose your life — and you could kill someone else — because you could not wait to make a call later. Drinking and driving risk awareness is well-supported, but texting and driving, talking and driving and surfing the web and driving are just as deadly.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,328 people and injured 421,000 more in 2013. In 2009, 13 percent of all drivers surveyed admitted to checking the internet while driving. By 2013, that figure had jumped to 24 percent. Furthermore, at least 50 percent of those under the age of 25 have driven while distracted. Some even feel those estimates are too low; figures could stand closer to 91 percent for drivers of all ages. But in spite of these numbers, people keep their eyes on their phones.

As you read this, 660,000 drivers are using mobile devices, adjusting them, talking on them, and programming or texting. If every one of them got into an accident, there would be a lot of people dead by the end of this sentence. Some of them have children in their cars. In 2011, the NHTSA calculated that 1.1 million collisions took place across the country. 213,000 to 694,000 of them were caused by texting. Current measurements are far from exact. Texting and distraction accidents are often difficult to prove after the fact.
Imagine driving 65 mph down one of the busiest freeways in California while blindfolded. No one would do that, right? The fact is, by texting or doing anything other than driving, you can’t see where you are going. Your eyes are not on the road and other vehicles. Your head is bobbing up and down, looking into your lap at your phone.

Now, police seize cell phones and other mobile devices immediately after a wreck to check for calls/texts sent around the time of the collision. In the case of a fatal wreck, search warrants are issued for phones. However, investigations still do not show whether a driver was using the internet via phone before his or her crash. A great many accidents cannot be confirmed as distraction events, so some may feel free to text and drive without the risk of being “caught”. Unfortunately, getting caught is the least of their worries. Their decision may cost them their lives.