What is the Duty of Care for Staff in Nursing Homes?
Nursing homes provide a certain level of care, or duty of care, to their residents. Unfortunately, a patient’s basic needs are not always met. If you have a loved one in an assisted living center, you should be educated on nursing home liability laws and regulations. Your loved one is entitled to proper care and safety, so it is vital that you know what to expect and how to hold their nursing home liable if necessary. What is Duty of Care? According to the Nursing Home Abuse Guide, “duty of care” is when a nursing home accepts responsibility to provide a reasonable level of care and a safe environment for their residents. A nursing home has a legal duty to provide patients with protection, safety, and care. Care centers accept a level of liability if they fail to provide the type of care required by law. When the staff fails to live up to these standards, they are vulnerable to nursing home abuse litigation. What is Reasonable Care? If you have a loved one in a nursing home or if you are looking for one, it is important to know the definition of reasonable care. Reasonable care is usually reviewed on a case-by-case basis. This standard of care outlines the reasonable care that should be provided for each patient. The patient’s health, medical needs, and medical history are some items that might be listed. If a patient believes that this has been broken, they must be able to prove that the nursing home neglected to provide reasonable care, resulting in pain or injury. Examples of the Breach of Care What does it look like when the duty of care has not been fulfilled? If you have a loved one in a care facility, here are some examples to look for when you visit: Failure to keep a safe environment– When you visit, look around to make sure that medicines and other equipment are stored safely. Make sure the rooms are organized and free from clutter. Failing to respond to residents’ inquiries and complaints– If your loved one is complaining that staff members are not listening to them, this could be the beginning of a breach of care. Lack of training – Observe staff members when they are interacting with your loved one and others. An insufficient training program could lead to a lack of reasonable care. Understaffing– Some nursing homes may be hurting financially or might have a difficult time hiring staff. When a nursing home is understaffed, that is when important details can fall through the cracks. When the Standard of Care is Breached If you or your loved one feel that the standard of care has been breached, the responsibility to provide proof falls on you. First, you need to gather evidence. This can include documents showing a lack of care, witness statements, or photographic evidence. Nursing home abuse lawyers can help you gather the evidence needed to prove your case in a court of law. If You Suspect a Lack of Care, Flickinger Sutterfield & Boulton Can Help If you suspect that the duty of care has been breached in your loved one’s facility, Flickinger Sutterfield & Boulton can help you fight for the proper care they deserve. Our nursing home abuse lawyers strive to ensure that negligent care centers are held accountable for any degree of abuse or neglect. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.
Federal Seat Belt Laws You Need To Know
Federal seat belt laws exist to keep you and your family safe and secure when you are out and about. In 2019 alone, safety restraints had a 90.7 percent rate of saving lives. Seat belt laws vary from state to state, but all are designed to promote maximum vehicle safety. Primary Enforcement vs. Secondary Enforcement U.S. seat belt laws are subject to primary or secondary enforcement. Primary laws allow a police officer to pull over and ticket a driver for not wearing a seat belt. They are permitted to do this without any other traffic violation taking place. Secondary laws state that law enforcement may only issue a ticket for not wearing a seat belt if another traffic offense has taken place first. In 49 states, with New Hampshire being the exception, driving while unbuckled is considered a misdemeanor. 34 of those states, including Washington DC, have primary seat belt laws for front seat occupants. The remaining 15 states assign secondary laws. As far as rear seat occupants go, 25 states and Washington DC include rear seats as primary enforcement. 11 other states include rear seats as secondary enforcement. Federal Seat Belt Laws in the United States United States’ federal seat belt laws state that all vehicles, except buses, must have a three-point restraint system. Beyond that, each state varies in its enforcements. Specifics for each state can be found through Governors Highway Safety Association. Additionally, there are no federally mandated car seat laws. Each state has its own variation of child safety restraint requirements. Safe Ride 4 Kids offers a comprehensive list of car seat laws by state. Utah Seat Belt Laws Utah implements primary seat belt laws in all seats of the vehicle, and children up to age 8 must be properly restrained in a car seat or booster seat. This means that all passengers in a vehicle must wear a seat belt that fits properly and is securely fastened. The fine for this offense is $45. Consequences of Not Buckling Up The National Highway Traffic Safety Administration shares that of the 37,133 people killed in motor vehicle crashes in 2017, 47 percent were not wearing seat belts. In 2017 alone, seat belts saved around 15,000 lives and could have saved an additional 2,500 people if they had been wearing seat belts. The consequences of not buckling up are abundantly clear: Buckling up keeps you safe and can often be the difference between life and death in a crash. Seat restraints keep you from being ejected from the vehicle in the event of an accident. The force of an airbag can seriously injure or even kill you if you are not wearing a seat belt. Guidelines to Buckle Up Safely The lap and shoulder belts should be secured across the pelvis and rib cage. Place the shoulder belt across the middle of your chest instead of along your neck. Ensure that the lap belt is resting on your hips instead of your stomach. Never place the shoulder belt behind your back or arm. Flickinger Sutterfield & Boulton is Here For You in the Event of an Accident Even if you follow all federal seat belt laws, you are still not immune to accidents. If you become involved in a motor vehicle crash, Flickinger Sutterfield & Boulton is here to help. Our personal injury lawyers are ready to assist you in the legal process and help you handle the aftermath of your accident. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Contact us to discuss your situation today.
What Does Emotional Abuse in Nursing Homes Look Like?
Though sometimes difficult to identify, emotional abuse in nursing homes is the most common type of elder abuse. Aside from emotional maltreatment, elderly abuse can happen in many different forms including physical abuse, sexual abuse, financial exploitation, neglect, and abandonment. Emotional abuse is sometimes harder to identify and prove because there is no physical evidence associated with it. Emotional elder abuse can happen in any nursing home. It is important to understand what this looks like and how you can help if you suspect your loved one is undergoing emotional harm. What is Elder Emotional Abuse? According to Very Well Mind, emotional abuse is a way to control another person by using emotions to criticize, embarrass, shame, blame, or otherwise manipulate them. When this happens to a victim who is over the age of 65, it is considered elder emotional abuse. Perpetrators usually include children, other family members, spouses, or staff at nursing homes, assisted living, or other facilities. Types of Elder Emotional Abuse Elder abuse can occur in verbal and nonverbal ways. Some examples include: Blaming the elder Scapegoating Demeaning behavior Humiliation or ridicule Ignoring their needs Terrorizing Intimidation Yelling Using threatening behavior Isolating the elderly person Some Important Statistics There are about 5 million victims of elder abuse each year in the United States. Around 435,000 of those cases were reported cases of emotional abuse against the elderly. Caregivers are more likely to emotionally abuse seniors as opposed to spouses or family members. Roughly 67 percent of elder emotional abuse victims are women. Evidence of Emotional Abuse in a Nursing Home Your loved one might show signs indicating that they have been through some kind of emotional trauma. These can include the following: Avoiding eye contact Having low self-esteem A sudden change in personality or behavior Withdrawal from social activities or hobbies Seems hopeless, disturbed, or scared Displays a desire to harm their own self or another Sudden changes in sleeping or eating patterns Noticeable mood swings What to Do if You Suspect Elder Emotional Abuse If you suspect emotional abuse in nursing homes or anywhere else, contact Adult Protective Services or your local authorities. A government-appointed caregiver will step in to evaluate the situation. Treating Cases of Elder Emotional Abuse The first step in helping your loved one heal from elder emotional abuse is to promptly relocate them to safer living accommodations. This may include another family member, care center, or assisted living facility. You should also consider therapy for the elder, and in some cases, a counselor will be assigned by the state. A medical professional can prescribe calming medications to help the elderly person cope with the emotional distress they have experienced. Take Action with Flickinger Sutterfield & Boulton If you suspect your loved one is a victim of emotional abuse in a nursing home, Flickinger Sutterfield & Boulton can help you take action. Our nursing home abuse lawyers will seek justice for the damages that occurred and assist you and your loved one on your path to healing. Our attorneys fight for victims and their families to receive not only fair compensation, but also respect and kindness. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
Everything You Need to Know About U.S. Car Accident Statistics
U.S. car accident statistics reveal that motor vehicle injuries and fatalities are a serious problem in our county. Car collisions leave tens of thousands of people dead and millions injured each year. Today, we are taking a deep dive into the startling statistics that plague United States roads. Annual Car Accident Statistics Motor vehicle accidents are a leading cause of death in the United States. More than 38,000 people lost their lives to car crashes in 2019 alone, and an average of 100 people die in car accidents every day. Annually, there are about 6 million car accidents on U.S. roads. 3 million people are injured from these accidents, and around 2 million drivers experience permanent injuries. It is no surprise that the United States’ traffic fatality rate is about 50 percent higher than similar nations in Western Europe, plus Canada, Australia, and Japan. Fatality Rate of Automobile Accidents Nationally, car crashes currently hold about a 6 percent fatality rate. 27 percent of accidents result in non-fatal injuries, and 72 percent of all accidents involve property damage. Most Common Causes Automobile accidents are a serious problem in the United States, but why? Here are five of the most common reasons they occur: Distracted Driving – Despite popular opinion, the brain is not hardwired to focus on more than one task at a time. This means that while drivers are texting, talking, eating, grooming, reading, changing music, or looking at a GPS, their brain is not consistently focused on the road and its surroundings. Drunk Driving – Around 29 deaths per day are a product of drunk driving, and the annual cost of alcohol-related crashes totals more than $44 billion. Speeding – A large number of accidents are attributed to speeding. These accidents can cause death or serious injury, including whiplash and concussions. Running Red Lights and Stop Signs – Reckless driving, such as running red lights or failing to brake fully at stop signs, causes hundreds of accidents every day. Weather Conditions – Slippery roads from rain, snow, or ice can be a serious driving hazard. As tire traction diminishes, cars slide off the road or hit into other vehicles. Fog and wind also contribute to weather-related accidents. 10 States with the Most Accidents 2020 is not over, but as far as U.S. car accident statistics currently stand, these are ten states with the most motor vehicle crashes this year: Massachusetts Maine Maryland Rhode Island New Hampshire South Carolina Ohio Nebraska Utah Oregon Car Accidents in Utah Utah is currently one of the leading states for motor vehicle collisions. According to 2018 information from the Utah Department of Public Safety: A motor vehicle crash occurred around every 8.5 minutes. A person was injured in a crash every 20.5 minutes. A person died in a crash every 33.7 hours. Choose Flickinger Sutterfield & Boulton After an Accident U.S. car accident statistics show that motor vehicle injuries and fatalities occur in high numbers every single day. If you or a loved one has been involved in an accident, Flickinger Sutterfield & Boulton is here to assist you. Our automobile accident attorneys have spent over 25 years assisting Utah citizens and can help you handle the aftermath of your case. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
What Kinds of Damages May I Claim for Car Accident Injuries?
Car accident injuries can have a lifelong impact on a victim, but understanding how to receive compensation may further their path to healing. Continue reading to learn about six different damages you may be able to collect from a car accident claim. Medical Expenses Serious car accident injuries can lead to significant medical expenses. These expenses generally make up a sizable part of an accident claim. To prove your need for compensation, you must provide proper documentation of your injuries. Medical expense damages may include, but are not limited to: Hospital stays Physical or cognitive therapy Ambulance fees Medication Prosthetic devices Medical appointments Surgeries Rehabilitation Needed in-home services Income Loss A motor vehicle crash can inhibit your ability to work for an extended period of time. This could be due to time spent in a hospital, physical therapy sessions, mobility issues, or other factors that prevent you from earning a living. In order to claim damages for income loss, you must be able to prove that your injuries have prevented your ability to work. Property Damage If a traffic collision results in property damage, you are eligible to file a claim for recompense. Property damage includes any destruction to your vehicle, personal possessions, or property where the collision occurred. Proving this type of claim can be done through photographs, witness testimonies, and police reports. Pain and Suffering Pain and suffering is a legal term that refers to the physical and mental distress suffered from an injury. This type of damage is a noneconomic loss that can be included in your claim for financial recovery. In order to prove that pain and suffering exists, you must gather proper documentation, such as: Medical bills Medical or psychiatric records Expert testimony Pictures of your injuries Medical prognosis Loss of Quality of Life Some accidents leave people with permanent disabilities or reductions in their quality of life. Have your injuries prevented you from doing the things that matter most to you? Under Tort Law, you may be able to receive compensation for losses due to diminished quality of life. Disfigurement There are times when an accident leaves the victim permanently scarred or disfigured in some way. This can lead to additional medical expenses, emotional distress, loss of mobility, or other hardships. Disfigurement damages may be recovered in a personal injury claim through proper documentation from medical professionals. Flickinger Sutterfield & Boulton Can Help You Receive the Compensation You Deserve If you have sustained car accident injuries, income loss, diminished quality of life, or other serious damages in a collision, Flickinger Sutterfield & Boulton can help. Our goal in every case is to thoroughly examine your injuries and all of the repercussions they have had on your life, and then pursue maximum compensation for you. With over 50 years of combined experience in personal injury cases, you can rest assured that you are in good hands with our team. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Contact us today.
Stay Safe on Congested Roads with these 5 Thanksgiving Travel Tips
Roughly 40 million Americans will hit the road to begin their Thanksgiving travel this holiday season. In the United States, motor vehicle fatalities contribute to one of the leading causes of death. In 2019 alone, an estimated 38,800 people lost their lives to car crashes. The significant increase in automobiles sharing the road makes Thanksgiving weekend some of the deadliest days to be driving. Here are five tips to help you stay safe during your travels this holiday season. 1. Plan Ahead Preparation is crucial for Thanksgiving travel. As you plan to hit the road, watch weather reports and avoid driving if extreme weather conditions are forecasted. Additionally, note that Wednesday afternoon is the most congested time to travel during the holiday. In addition to planning your time, it is important to prepare your car for long-distance travel. Be sure to pack an emergency kit and perform basic car maintenance tasks beforehand, such as: Check tire pressure Replace worn out wiper blades Check fluid levels Test your car battery 2. Keep Your Eyes on the Road Distracted driving accounts for nearly eight percent of traffic deaths annually. Since roads are busier during Thanksgiving weekend, there are more drivers who are distracted. Protect yourself by avoiding texting while driving, checking your GPS, or taking your eyes off the road for any reason. 3. Avoid Risks Drive smart and avoid taking risks as you travel over Thanksgiving weekend. For example: Leave early so you won’t feel the need to make dangerous moves in order to get to your destination on time. Do not cut in front of large trucks. Beware of blind spots as you change lanes. Slow down and leave plenty of space between you and the vehicle in front of you. Completely clear away any ice and snow from your windshield. 4. Buckle Up Buckling your seat belt is one of the easiest ways you can stay safe on congested roads. The simple act of buckling your seat belt increases your chance of surviving a crash by 45 percent. Make sure children are properly buckled and are in the right seats for their ages and sizes as well. 5. Drive Sober Thanksgiving is associated with a spike in drunk driving. Keep yourself safe this year by driving sober, and always appoint a designated driver if you plan to consume alcohol. If you cannot find a designated driver, use public transportation, a taxi, a ride share service, or your community’s sober ride program to ensure that you get home safely. Also, contact local law enforcement if you see an impaired driver on the road. Flickinger Sutterfield & Boulton is Here For You this Holiday Season If you or a loved one is involved in an accident during your Thanksgiving travel, Flickinger Sutterfield & Boulton is here to help. Our automobile accident attorneys have spent over 25 years assisting Utah citizens and can help you handle the aftermath of your case. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
What Insurance Coverage Should I Have with an Older Car?
Insurance coverage is a vital aspect of owning a car, but sadly, some people underestimate its importance. Most states require all vehicles to have automobile insurance, but with multiple options to choose from, how do you decide which is the best plan for your older car? The Law Most states require all vehicles to have some degree of motor vehicle insurance. In the state of Utah, all automobiles must have liability insurance during the registration period. Proof of insurance must be available upon request from a police officer. You can show proof of insurance via your phone or a paper copy. If you fail to keep insurance in your vehicle, you can be fined up to $400 on your first offense and $1000 on your second offense. Types of Insurance There are many different types of automobile insurance. It is important to understand each of your options in order to make the best decision for your older vehicle. Liability Liability insurance covers any car accident where you are found at fault. Liability insurance will help cover the cost of any property damaged by an accident. If any injuries were sustained, this coverage will pay for any medical bills that were a result of the accident. Most states require liability insurance to legally drive on the road. Collision Coverage Collision coverage helps you if you are involved in an accident with another vehicle or if you hit an object. This type of coverage can help you pay to repair or replace your car up to its actual cash value. Comprehensive Coverage Comprehensive coverage is for incidents that are not related to an accident with another car. This includes fire, theft, or damage caused by a storm. Personal Injury Protection (PIP) PIP, or no-fault insurance, helps pay for expenses like medical bills, wage losses, and household services after a car accident no matter who is at fault. Classic Vs. Standard Insurance If you have a car that is 20 years or older and you have restored it to greater than its average value, you may apply for classic car insurance. What is the difference between standard and classic car insurance? With standard comprehensive car insurance, your coverage is limited to the cash value of the car. For example, if your car is totaled, your insurance company will send an appraiser to determine the cash amount your car is worth. With classic car insurance, your coverage limits are based on an agreed value between the owner and the insurance company. The value may be based on the car’s condition, special-order parts, improvements, and the cost to replace the car. Flickinger Sutterfield & Boulton Can Help Proper insurance coverage is essential if you have been in an accident, but hiring a lawyer can help you handle the aftermath as well. The injury attorneys at Flickinger Sutterfield & Boulton are well-versed in insurance policies and working with agents so that we can help you maximize your compensation. We have offices throughout Utah County and West Jordan, Utah. Please contact us to schedule your free case evaluation today.
Is Poor Hygiene Considered Nursing Home Abuse?
When poor hygiene in a nursing home is more than an isolated event, it can constitute as nursing home abuse. Nursing homes are like other medical facilities such as hospitals, doctor’s offices, and rehabilitation centers. Cleanliness and hygiene are of utmost importance to keep patients and residents safe. Residents have a right to expect that their facility is sanitary and that their personal care needs are being met. Unhygienic nursing homes can jeopardize the resident’s already fragile health. Poor Hygiene in the Nursing Home Facility Many nursing residents need help with their basic personal care. This can include: Bathing Dressing Going to the restroom Changing their bandages Brushing their teeth Trimming their nails Shaving Haircare Changing their diapers Since most residents are unable to complete these tasks independently, they rely on staff members to provide this care. If employees are careless about the resident’s hygienic needs, this can be considered a form of nursing home neglect. Uncleanliness in Nursing Homes It is essential to provide a clean environment in nursing facilities to avoid the spread of germs. Life-threatening diseases can stem from a lack of sanitation. Showers, bathrooms, and eating areas that are not regularly disinfected are among some of the riskiest areas where germs can spread between residents. Tables, chairs, and other high-touch surfaces also need to be sanitized regularly in order to keep germs from spreading to the nursing home residents. How Sanitation Issues Threaten Residents Poor hygiene in a nursing home can lead to many medical conditions, such as: Infections- bacterial, urinary, etc. Bed sores Influenza Colds Diarrhea Ringworm Athlete’s foot Lice Scabies A lack of proper sanitation can be deadly to residents who already have suppressed immune systems or preexisting medical conditions. Why Do Nursing Facilities Neglect Proper Hygiene? There are multiple reasons why nursing homes sometimes suffer from a lack of proper hygiene. Some of the common reasons behind this problem include: Understaffing– This leads to insufficient time to keep the building clean and care for residents. Failure to properly train employees- Many nursing home employees who fail to provide proper care are simply undertrained. High turnover rates among staffing- Because of understaffing issues and low wages, nursing homes are known for having high turnover rates. Inadequate policies and procedures for facility cleanliness and resident care- Hygiene issues might be a product of inadequate policies set by the facility. If Your Loved One Has Suffered Abuse, Flickinger Sutterfield & Boulton Can Help Here at Flickinger Sutterfield & Boulton, we understand that poor hygiene in a nursing home facility is a warning sign that should not be ignored. If you suspect that your loved one is a victim of neglect, our nursing home abuse lawyers will help you seek justice so that your family can heal. We have built a reputation in the community for providing personal and compassionate legal services. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Contact us for a free case evaluation today.