Law Offices Of Jeffrey E. Martin, LLC

New York Considers “Textalyzer” Bill Regarding Auto Collisions

Most of the time, when police investigate an automobile collision, they do not check the drivers’ cell phones to see if the driver was texting either immediately before or at the moment of the collision.  Usually, that type of evidence is not obtainable until a records subpoena addressed to the driver’s cell phone carrier is sent after a lawsuit is filed. That time delay can result in cell phone records being lost or not maintained.

The October 2016 issue of the ABA Journal includes an article about the father of a victim of a texting driver in New York co-founded Distracted Operators Risk Casualties, a non-profit advocacy group supporting a bill in the New York Assembly that would allow police to analyze a driver’s phone without a warrant after a car crash to see if prohibited use had occurred.  Amongst the impetus for this legislation was the 2011 National Occupant Protection Use Survey on Drive Electronics that found that at any given daytime moment, 660,000 drivers (9%) operate a vehicle while using an electronic device.

If you want to read more about this, click on this link:

http://www.abajournal.com/magazine/article/newyork_distracted_driving_textalyzer_bill

 

Supreme Court Rules Six-Person Civil Jury Law Unconstitutional

The Illinois Supreme Court today issued an opinion striking down a law that cut civil juries in half. The law would also have hiked juror pay.

To read more, click on this link: http://www.tinyurl.com/j4n5x8g

ABA Journal Article Underlines Importance of Vigilance for Families of Nursing Home Residents

An article in the August 2016 American Bar Association Journal discusses whether regulatory fines and nursing home litigation improves nursing home care. Essentially, the article concludes that both fines and lawsuits against nursing homes do not significantly improve care. Nursing home owners use tactics to separate their corporations and negotiate with state regulators to decrease fines when violations are found. The appeal of fines imposed by state regulators can take years to resolve and may ultimately be reduced through settlement. Most lawsuits against nursing homes settle and frequently include confidentiality clauses that prohibit public disclosure of the facility’s identity and the settlement terms.

This article underlines the importance of families checking on their loved ones in nursing homes to make certain they are receiving proper care. To increase profits, nursing home owners will try to do with the minimum amount of staff resulting in them being overworked and unable to provide necessary care to their residents.  

When selecting a nursing home, checking online sources as to the facilities’ ratings of care and existence of violations is a good start, but insufficient to ensure good care will be provided.  Visit prospective homes to see firsthand how the residents are treated.  Talk to the families of existing residents to get their thoughts on the care and attention provided, whether the facility provides regular activities, do call lights seem to be answered by staff promptly (if not, it may indicate insufficient staffing), and whether the food is varied and flavorful.  See whether the facility looks and smells clean, and whether there seems to be sufficient staff interacting with the residents.  

Once a nursing home is selected, families must continue their vigilance. Steps that should be taken to increase the likelihood of appropriate care actually being rendered to your loved one include the following: (1) Make it known to the staff that you will be visiting frequently and asking questions about the residence. (2) Ask that you be contacted if there is a change in the resident’s medication and/or condition. (3) Ask if the resident is eating and, better yet, be present during meal time to make certain the resident receives sufficient nutrition. (4) Periodically examine the resident’s skin for any signs of breakdown. If you see redness, bring it to the attention of the nurse and ask what will be done to heal the skin. Then, make certain you inspect the skin regularly to see if the treatment being rendered is effective. If the skin condition is not improving, you must contact the attending physician and demand that different treatment be provided. (5) Are precautions in place to prevent falls?  (6) Are gait belts or other equipment regularly used to assist residents during transfers? (7) Get to know the attending physician and speak with him/her regularly to make certain that whether he/she is aware of your loved one’s condition and what treatment he/she has ordered. 

The above list, although by no means complete, will increase the likelihood of your loved one receiving appropriate care and, in the process, hopefully make their stay in a nursing home more enjoyable.

To read more about the article: http://www.abajournal.com/magazine/article/nursing_home_lawsuits

 

Medical Errors = 3rd leading cause of death in U.S.

According to an article that appeared in US News and World Report on May 3, 2016, medical errors are the third leading cause of death in the U.S., after heart disease and cancer, causing at least 250,000 deaths every year, indicating that patient safety efforts fall far short.

To read more, click on : http://www.usnews.com/news/articles/2016-05-03/medical-errors-are-third-leading-cause-of-death-in-the-us

 

Trial Lawyers Were Right: Tort Reform Just Protects Wrongdoers and Their Insurers!

For years, trial lawyers in Illinois and across the country have tried to educate the public to show the fallacy of those who advocate tort reform.  Unfortunately, large business organizations who seek to benefit from limiting injury victims’ rights have spent massive sums of money to mislead the public into thinking that the ability of people who have been injured through the negligence of others to seek fair and reasonable compensation though the courts harms the economy, takes away jobs, etc.   Thankfully, a recent empirical study by individuals at two law schools has shown that tort reform has very little real impact on society other than protecting insurance companies, big pharma, and large corporations from being held accountable for their behavior. 

To read more about the results of this study, click on the following link: http://www.advocatecapital.com/2015/08/06/an-empirical-analysis-of-the-impact-of-tort-reform/

Surviving spouse not listed on reverse mortgage may lose home – unless…

Surviving spouse not listed on reverse mortgage may lose home – unless….

Surviving spouse not listed on reverse mortgage may lose home – unless…

Representing families in nursing abuse and neglect cases, I frequently am called upon to console a spouse who feels guilty about placing his or her mate into a nursing home. For those surviving spouses who seek to stay in their own home through a reverse mortgage, an article in the Sunday, June 21, 2015 Chicago Tribune points out a harsh fact of which surviving spouses might be unaware: a surviving spouse not listed on the reverse mortgage may lose his or her home.  On June 12, 2015, however, HUD changed its policy to hopefully fix this surviving spouse reverse mortgage trap. 

For more information on this topic see the following link:   http://www.chicagotribune.com/classified/realestate/ct-mre-0621-harney-20150615-column.html

Warning to Keyless Motorists: Make Sure It’s Off

Warning to Keyless Motorists: Make Sure It's Off.

Warning to Keyless Motorists: Make Sure It’s Off

A disturbing trend was highlighted in the Sunday, June 21, 2015, Chicago Tribune about how keyless ignitions are causing an increasing number of deaths. Although keyless ignitions have benefits for convenience and improved theft deterrence, the risk of death from carbon monoxide poisoning from an engine left running far surpasses such benefits.   To learn more, see the following link:

http://www.chicagotribune.com/suburbs/highland-park/news/ct-hpn-two-dead-in-highland-park-20150617-story.html

SkyRise Chicago 2014 – #EthanStrong

On November 2, 2014, my daughter, Alyssa, and I climbed 2,109 steps over 103 floors in the Willis Tower to raise money for the Rehabilitation Institute of Chicago.  We were on the team hosted by the Northwest Community Hospital Wellness Center.  Our team devoted our climb to a beautiful, heroic young boy, Ethan Sappington, an Arlington Heights resident, who is struggling to recover from the disabling effects of an nearly fatal septic condition after he contracted an infection last September. Ethan suffered organ failure causing loss of blood flow to his hands and feet and necessitating a bilateral amputation of his legs and loss of his left wrist and hand. Ethan and his parents were there with us last Sunday and congratulated us when we reached the top of the Tower.  We watched as Ethan demonstrated what he has learned in at RIC.  Ethan is quite an inspiration and we were so glad that we could complete our climb in his honor.

Thank you to all who donated to our climb.

To read more about the story, click on this link: http://www.dailyherald.com/article/20141102/news/141109740/

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