How To Win A Case where the Facts are not in your Favor

Sheryl Menkes • Sep 30, 2022

Justice may be blind, but that doesn't mean justice is always served by the facts. For example, you may be injured in a car accident where the "facts" seem to point to you being clearly at fault, but that doesn't mean you're not entitled to some compensation or that you shouldn't fight to receive it. In other words, the "facts" of the case may not tell the whole story. A good New York personal injury attorney can get to the story behind the story to help you receive the compensation you deserve. Let's explore how you may be able to prevail in a personal injury lawsuit even if the facts of the case put you at an apparent disadvantage.


TWO FACTORS THAT CAN EVEN THE ODDS

Even if the deck seems to be stacked against you on a personal injury case, your attorney may be able to hone in on one or two key factors that may serve to provide more context to a case where you appear to be at fault. These factors are: comparative negligence and the extent of your injuries.


COMPARATIVE NEGLIGENCE

New York is a "comparative negligence" state, which means that the state recognizes that more than one party may be at fault in an accident, and compensation may be adjusted accordingly. In many cases, comparative negligence works against you in a personal injury case because if the insurance company (or a jury) believes you share even a small percentage of the blame for your accident, it will reduce your damage award by that same percentage. However, in cases where you appear to be mainly at fault, comparative negligence actually works in your favor. Even if you are considered 99 percent at fault, you're still entitled to 1 percent of the damages for your injuries. It is this comparative negligence structure that a good attorney can often use to help you collect a greater settlement than you might expect by uncovering evidence that puts more responsibility on the other driver.


EXTENT OF YOUR INJURIES

The severity of your injuries can often play a huge role in shifting the tide in your favor. If you have suffered catastrophic injuries in an accident or have incurred significant medical expenses, this may outweigh much of the comparative negligence on your part. The main reason for this is that severe injuries suggest that there may have been other, subtler factors at play in your accident that made your injuries more pronounced than they would have been under normal conditions. In other words, the injuries themselves suggest the other party shares a greater percentage of negligence than is immediately apparent.


AN ILLUSTRATION

The best way to show how these factors can turn the tide in your favor is to give a practical illustration. Let's assume for a moment that you were in an accident where you rear-ended another vehicle. By default, the police and the insurance companies will presume that you bear most of the responsibility for the accident because the driver behind is usually at fault in a rear-end accident. This is a perfect example of the facts not being in your favor.

However, suppose this rear-end incident occurred at a high impact and left you severely injured while the other party was relatively unscathed—an unusual outcome for a basic "fender-bender." A forensic investigation of the skid marks reveals that you had slammed on the brakes trying to avoid the collision. Eyewitnesses tell the police that the other driver had stopped suddenly, failed to activate their warning lights, or did something else unexpectedly, putting you in a position where it was impossible to avoid an impact. Taking these factors into account, it becomes more apparent that the other driver may have played a larger role in the accident than was initially thought. Now, thanks to the combination of the extent of your injuries and the principle of comparative negligence, the jury has a greater sense of context for assigning fault, as well as a greater sense of duty to make sure you get at least some compensation for your injuries.



The bottom line: Don't assume that you don't have a valid personal injury case just because the facts don't seem to be in your favor. If there is any argument to be made that the other party shares fault and was a significant contributor to your injuries, you may be entitled to more compensation than you think.

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Nursing homes play a crucial role in ensuring proper care and assistance for elderly people who are unable to look after themselves. These facilities offer round-the-clock care, medical support, and a comfortable living environment for senior citizens. However, not all nursing homes function in the same way, and some may fail to provide adequate care to their residents. In this blog post, we'll discuss the three most common complaints about nursing homes and how an attorney can help you if a family member has been abused.
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By Sheryl Menkes 05 Dec, 2022
Overall, the U.S. mortality rate annually spikes around Thanksgiving and remains elevated through winter. Some of it is due to seasonal effect however some is due to Thanksgiving personal injuries such as car accidents , slip and falls , and food-related injuries. Car Accidents Each year, the National Safety Council estimates the number of fatal crashes that are likely to occur during the Thanksgiving holiday weekend. Note that the Thanksgiving holiday period tends to run from the Wednesday before the holiday through Sunday. In 2020, the National Safety Council predicts as many as 417 fatalities. AAA estimates that 50 million Americans would be traveling during the holiday and due to the Covid pandemic, about 95% will be traveling by car. Slip and Falls The busiest time of year for most grocery stores is around Thanksgiving. However, it is anticipated that crowds will be lower than in past years for Black Friday as more people utilize online shopping. Just because there are less people, doesn’t mean that slip and falls can’t occur due to spills, uneven floor surfaces, poor lighting or poor housekeeping. Burns Frying a turkey? Be careful. Make sure your guests stay away from the heat source as you put the bird in the fryer. More than three times as many home cooking fires occur on Thanksgiving Day as on a typical day of the year. That’s according to a U.S. Home Cooking Fires report released by the National Fire Protection Association® (NFPA), which shows that there were 1,600 reported home cooking fires on Thanksgiving in 2017, reflecting a 238 percent increase over the daily average. Unattended cooking was the leading cause of these fires. Cuts Whether it’s prepping food or carving the turkey, cuts are all too common. Make sure you’re focusing on the task at hand and take your time. You’re more likely to be injured if you’re in a hurry. Additionally, use a sharp knife and keep your cutting board secure. Lastly, always make sure any sharp knives or utensils are out of the reach of small children. Food Poisoning If you’re headed out to dinner for Thanksgiving, make sure your food is properly cooked before you eat it. If the food does not taste or smell right, do not consume it. If you’re hosting your first Thanksgiving dinner, make sure you use a thermometer to properly test the temperature and ensure all food is properly cooked. While not an injury itself, consuming too much alcohol can be the cause of these injuries. Cuts and burns can also occur if too much alcohol is consumed. Be responsible when you drink, and never drink and drive. If you are hosting a get-together and serving alcohol, do not overserve guests, and never let anyone who is intoxicated drive home. You may even want to consider having local taxi company phone numbers available or calling Uber or Lift for your guests. Be careful this Thanksgiving so that you can continue to spend time with the ones you love most. If you’ve been injured this Thanksgiving due to another person’s carelessness or due to negligence by a business, contact Menkes Law Firm at (212) 285-0900.
By Sheryl Menkes 05 Dec, 2022
Senate Bill S74A, also known as the “Grieving Families Act” (“GFA”) is set to vastly expand compensable damages in wrongful death actions. Currently, compensable damages in these types of actions are limited to pecuniary loss only, such as pre-death medical expenses, funeral expenses and loss of financial support. Under the proposed bill, the definition of who constitutes a family member will expand to include “close family members”, including but not limited to, spouses, domestic partners, children, parents, grandparents, stepparents and siblings. The Senate Finance Committee is currently reviewing the GFA. If the GFA passes committee review, it will proceed to the Senate and Assembly floors. If passed by the Senate and Assembly, the governor has the authority to veto the bill or sign it into law. THE GRIEVING FAMILIES ACT The Grieving Families Act modernizes the current wrongful death statute in New York, which has been in place since 1847. The bill acknowledges that the damages caused by losing a loved one are not confined to the financial support received from their paycheck, but also involves the losses that take an emotional and psychological toll on those left behind. The Grieving Families Act seeks to amend Paragraph (a) of Section 5-4.3 of the Estates, Powers and Trusts Law. It would provide accordingly: Permits recovery of damages for emotional loss when a tortfeasor is found liable for causing a death Permits recovery by close family members including, but not limited to, spouse or domestic partner, children, parents, grandparents, stepparents and siblings. “The finder of fact shall determine which are close family members based upon specific circumstances relating to the person’s relationship with the decedent” Replaces distributees with persons for whose benefit the action is brought The Act shall take effect immediately upon signing by the Governor. The bill will also retroactively apply to pending cases SIX CATEGORIES A PLAINTIFF MAY CLAIM COMPENSATION FOR: Funeral expenses Reasonable medical expenses Grief or anguish caused by the death and for any disorder caused by grief or anguish Loss of love, society, protection, comfort, companionship and consortium resulting from the death Pecuniary injuries including loss of services, support, assistance and diminishment of inheritance; and Loss of nurture, guidance, counsel, advice, training and education THE EVOLUTION OF WRONGFUL DEATH RECOVERY IN NEW YORK COURTS In the discussion of recovery from the wrongful death statute in New York, three main cases have built upon one another and illustrate the court’s attempt over the years to properly define and apply recovery under the current statute. Bovsun v. Sanperi , 61 N.Y.2d 219 (1984) held that immediate family members who were in the zone of danger and witnessed the injury of the victim could recover emotional damages. This case involved a mother and daughter who while sitting in a parked car and witnessed their husband/father struck by the defendant’s vehicle. Trombetta v. Conkling , 82 N.Y.2d 549 (1993) limited the right of a bystander to recover who was not a member of the immediate family as defined by the current statute. In that case, an aunt who witnessed her niece being hit by a truck was not entitled to recovery. Greene v. Esplanade Venture Partnership et. al ., (2021 WL 623832 on February 18, 2021) held that a grandparent should be included in the definition of the term “immediate family member” for purpose of the wrongful death statute. The court used the zone of danger doctrine to find that the grandmother could recover for the emotional trauma she endured when she witnessed her grandchild being struck and killed by debris falling for the façade of a building. The zone of danger rule states that, “a person threatened with bodily harm as a result of the defendant’s negligence may recover damages for emotional distress upon viewing the death and serious injury of her immediate family.” Greene at 228, quoting Bovsun. Regardless of the side taken on the proposed amendment to the statute it is clear that the court has consistently searched for and attempted to carve out more specificity and modern application of the law. PROPONENTS OF THE LAW The current law was passed and developed through the lens of a society where men were the primary breadwinners and a traditional, nuclear family was the norm. Advocates of this law point out that in its current state, the law does not allow children, grandparents, domestic partners and others to recover even though their lives have been directly impacted by the loss of a loved one. Sponsors of the bill pointed out that current law only allows for compensation for pecuniary loss and disregards the potential damages suffered by children, seniors and others who have no income or less income. They argue that the law disregards family members who should be compensated for emotional loss, but are left out because their relevance is measured solely by their income levels and/or ability to be a wage earner. Proponents also say the law must change because it fails to recognize the dynamics and many forms of the modern family. KEY TAKEAWAYS The Grieved Families Act provides a statutory cause of action for emotional damages that did not exist before The Act expands the definition of a family member to reflect current societal norms Proponents advocate that this will allow a greater and deserving category of individuals to recover for the wrongful deaths of their loved ones Opponents are concerned that this law will drive up the cost of insurance premiums and negatively impact consumers, businesses and ultimately taxpayers as well as encouraging inflated damage awards to a new class of plaintiffs Menkes Law Firm is available to answer any questions or concerns you may have regarding this new legislation. Please do not hesitate to reach out to a member of our team at (212) 285-0900.
By Sheryl Menkes 30 Sep, 2022
Osteomyelitis (bone infection) is often the result of a bacterial infection caused by pressure ulcers, open wounds, pressure sores, and decubitus ulcers. However, bone infections can also be caused by a deep cut, severe injury, or wound that allows fungi or bacteria to invade bone material. Not long ago, osteomyelitis was considered an incurable disease. However, medical research has shown the condition can be successfully treated with surgical procedures and strong intravenous antibiotics. Generally, osteomyelitis results from nursing home neglect and abuse that affect the legs and arms' long bones. However, they can appear on the feet, spine, and hips. Osteomyelitis is often diagnosed with the presence of Staphylococcus aureus bacteria. Typically, the infectious bacteria enter the body through an open wound or surgical site, like when the nursing home resident undergoes a bone fracture repair or hip replacement. If the bone is broken or cut, the bacteria might invade bone material and lead to a deep infection like osteomyelitis. Not long ago, osteomyelitis was considered an incurable disease. However, medical research has shown the condition can be successfully treated with surgical procedures and strong intravenous antibiotics. Generally, osteomyelitis results from nursing home neglect and abuse that affect the legs and arms' long bones. However, they can appear on the feet, spine, and hips. Osteomyelitis is often diagnosed with the presence of Staphylococcus aureus bacteria. Typically, the infectious bacteria enter the body through an open wound or surgical site, like when the nursing home resident undergoes a bone fracture repair or hip replacement. If the bone is broken or cut, the bacteria might invade bone material and lead to a deep infection like osteomyelitis. A Preventable Disease Understaffing, lack of training, or overworked nurses and nurse aides can increase residents' potential risk of contracting deadly infectious diseases, including osteomyelitis. Without proper treatment, osteomyelitis might take the life of the resident within days. Early detection of osteomyelitis is crucial to receiving proper treatment, beginning the healing process. Doctors and wound care specialists are encouraged to conduct testing if any possible infection indicator is identified. Many hospital patients and nursing home residents develop severe pressure ulcers after undergoing brain or spinal cord injury surgery. Any development of osteomyelitis or sepsis (blood infection) could delay the healing process or cause pressure sores recurrence. Medicare regulators identify pressure sores at any stage as a "never event," meaning they are preventable under nearly every circumstance in a nursing home, assisted living center, or long-term care facility. Medical doctors and nurses must follow procedures and protocols to prevent pressure ulcer development and provide the treatment required to prevent infection and promote healing. Common Symptoms of Osteomyelitis-Related Pressure Ulcers Advancing pressure ulcers are usually the result of necrosis, where a localized area of skin dies when compressed between an external surface and bony prominence. Typical areas of pressure sores include the back of the head, back, shoulders, ears, elbows, hips, sacrum (tailbone), back of the knees, ankles, heels, and toes. Usually, an infectious pressure ulcer complication will decrease the resident's quality of life and cause significant discomfort and pain. Common symptoms associated with osteomyelitis include: Fever or chills Severe pain Swelling Irritability Stiffness and soreness Skin warm to the touch Lethargy Pus or fluid drainage from the affected area Redness in the surrounding affected area In some cases, the bone infection has no signs or symptoms distinguishable from other medical conditions. Diagnosis of the condition to prevent further worsening might be difficult when treating infants, older adults, and individuals with compromised immune systems. Not all nurses and nurse aides in nursing homes, assisted living centers, and long-term care centers receive training to identify and diagnose osteomyelitis. However, they must be trained to recognize apparent signs of life-threatening infection and notify the Medical Director promptly. The Severity of Pressure Sores by Stages Scientists and public health professionals categorize pressure ulcers based on the severity of the sore from a Stage 1 (least severe) to a Stage 4 (most severe) and those that are unstageable. Stage 1 A pressure ulcer appears as a painful, reddened area on a bony part of the skin that turns white upon pressing in the initial stage. Typically, the affected area feels warm or cool, soft or firm to the touch. Alleviating the pressure to the affected region might allow the damaged area to restore to its normal condition in color in just a few hours. Stage 2 A failure to prevent a Stage 1 pressure sore from worsening could result in a Stage 2 pressure ulcer that blisters and forms an open area that might be irritated or red. At this stage, the nursing staff must take immediate action, like relieving pressure against the skin, to prevent further degradation to a more life-threatening condition. Stage 3 At this stage, the skin sore has created a crater-like sunken, open hole where some underlying tissue appears damaged or dead (necrotic). Usually, body fat can be seen at the bottom of the crater. Stage 4 At its most devastating stage, the pressure ulcer appears significantly deep in the skin's lower levels, exposing muscle, tendons, ligaments, and bone. The damage might be permanent or take many months or years to heal completely. Without effective treatment, a Stage 4 pressure ulcer could claim the patient's life due to sepsis (bone infection) or osteomyelitis (bone infection). Unstageable In some circumstances, the wound care specialist cannot accurately diagnose the pressure wound stage due to the appearance of brown, green, yellow, or tan necrotic (dead) skin. Usually, the specialist will categorize the pressure ulcer is "unstageable" until the debris is removed from the wound bed. Suspected Deep Tissue Injury In some cases, treatment for osteomyelitis or other bone infection is delayed or postponed because the wound care specialist did not identify a suspected deep tissue injury (SDTI). Generally, an SDTI occurs as a Stage I or Stage 2 pressure wound appearing maroon or dark purple as a blood-filled blister just under the skin. However, the patient's skin might hide a severe injury just below the skin's top layers that would be categorized as a Stage 3 or Stage 4 pressure ulcer if detected. Those Most at Risk There are certain factors, circumstances, and medical conditions that elevate the potential of developing osteomyelitis, including: Intravenous (IV) drug use, especially steroids Diabetic disorders affecting the bones' blood supply Genetic autosomal recessive sickle-cell disease or anemia of the body's red blood cells Hemodialysis kidney disease treatment Insufficient quality nutrition Dehydration Insufficient blood supply Blood vessel narrowing peripheral artery disease (PAD) Old age Knee or hip replacement or other bone surgeries Staying in bed or using a wheelchair for an extended time Mobility-challenged individuals that require assistance to move body parts Infected artificial joints or medical devices Compromised or fragile skin Ongoing moisture from bowel incontinence and bladder incontinence that compromises skin integrity Trauma to a bone and surrounding area Recent injury Smoking Diagnosing Osteomyelitis A raging infection is usually the first indication of developing osteomyelitis (bone infection). Typically, the doctor will conduct more than one test for an accurate diagnosis of osteomyelitis in patients with pressure ulcers. Potential tests that can identify the bone infection include bone scans, bone lesion biopsies, blood cultures, magnetic resonance imaging (MRIs), and needle aspirations at the suspected area. Typically, osteomyelitis is diagnosed when a patient's pressure ulcers degrade to Stage 4 decubitus ulcers where the area is ulcerated, violating fascia material and exposing underlying tendon, muscle, and bone tissue. Typically, the Stage IV pressure ulcer exposed bone has been colonized by infectious bacteria that might or might not result in osteomyelitis. In some incidents, there is no present evidence of osteomyelitis in a bone biopsy. According to health care policy, typical steps to diagnosing osteomyelitis include: Blood Draw – The diagnostician will first draw the resident's blood to identify any elevated levels of white blood cells that show the immune system is fighting an infection. Radiographic Testing – A diagnostician will then take a radiographic image of the affected area that might identify the presence of an infection. MRIs, CT scans, and bone scan radiography are significantly better for diagnosing osteomyelitis than film x-ray technology that lacks the sensitivity to show infectious diseases. Bone Biopsy – The doctor will perform a surgical bone biopsy procedure to diagnose a bone infection like osteomyelitis accurately. Capturing a sample of infected bone tissue and sending it for laboratory analysis might accurately diagnose the infectious bacterial organism and the correct antibiotic required to manage the problem. Osteomyelitis Associated with Pressure Ulcers Nearly all osteomyelitis cases result from nursing home negligence when the nurses and nurse's aides allow the development of a pressure sore. However, even if the wounds degrade to Stage 3 or Stage 4 pressure ulcers, nearly every case of osteomyelitis is treatable that results in temporary injury or permanent damage. However, the infected bone material might take months to treat and heal, especially if the infection is aggressive. Without treatment, osteomyelitis could result in osteonecrosis (bone tissue death) or migrate to systemic sepsis leading to septic shock or death. Some pressure sores arch intern med studies involving osteomyelitis associated with pressure ulcers revealed no clear correlation of recurrence or delayed healing when the injury was caused by skin breakdown. Additionally, antibiotic therapy lasting longer than three weeks had no significant effect on the bone infection outcome in osteomyelitis patients with pressure sores. Treating an Osteomyelitis-Related Pressure Ulcer Established medical procedures on preventing osteomyelitis and other bone infections include thoroughly washing and cleaning any open wound or cut to the skin. Any individual with a prosthesis should ensure that the amputation site remains clean and dry. Nearly all osteomyelitis forms develop from Stage 3 and Stage 4 pressure sores when deep soft tissue, bone material, muscles, and tendons are exposed to infecting organisms. Upon diagnosis of the condition, the doctor will typically prescribe antibiotics to destroy growing infectious bacteria that is causing the problem. Aggressive treatment, including prescribing vancomycin or other powerful antibiotics used intravenously over multiple treatments, might eradicate osteomyelitis. A surgeon might recommend surgical procedures to remove necrotic (dead) bone tissue. Surgical removal of the dead bone tissue and the debridement of surrounding necrotic skin tissue can stop the infection's potential spread. After a bone and joint removal surgery, the surgeon might propose using packing material or bone grafts to fill the open area to promote new bone tissue growth. However, like every surgical procedure, the patient could face severe complications that lead to additional injury. In the most severe cases, the doctor might recommend amputating the affected limb to stop the spread of infection and save the patient's life. Using Effective Medical Devices During the care and treatment of osteomyelitis, the doctor wound care specialist might recommend using medical devices to reduce the pressure on specific body parts. The recommendation might involve using mattress pads, booties, phone cushions, or special pillows that offload pressure on the affected area. Some medical center and nursing home patients with pressure sores use different types of cushions in their wheelchair on the bed to help offload pressure. These devices are available in different types of materials and shapes. Even if the patient uses a medical device, the nursing staff must follow a turning and repositioning schedule by shifting the resident's body weight every 15 minutes to ninety minutes and moving to a completely different position every 2 hours. The nursing staff must also avoid any further injury caused by sheer friction, rubbing, or movement against the affected area. Moving or transferring the patient also requires: Avoiding sliding or slipping the resident's body when moving to avoid pressure on the sore, Cleaning and moisturizing the skin to ensure it remains healthy, Assessing the skin every day to identify any newly developing pressure ulcer, Reporting the presence of newly developed pressure ulcers to begin an effective treatment The skin should never be massaged near the wound or ulcer that could cause more damage. Avoid using ring-shaped or doughnut-shaped cushions that have been proven to reduce blood flow circulation and cause sores. Osteomyelitis Mortality Rate According to the National Pressure Injury Advisory Panel, morbidity and mortality rates vary significantly between pediatric and adult patients with long bone osteomyelitis. As many as 30% of all children suffering from the condition will develop DVT (deep vein thrombosis). Many of these cases involve disseminated infection.  Adults tend to develop long bone osteomyelitis from community-acquired Methicillin-resistant S. aureus (CA-MRSA). Fortunately, mortality rates remained low, except in patients with underlying medical severe conditions or developing sepsis (blood infection). According to the National Institutes of Health, studies show a significant increase in long-term fatality risks among senior citizens with chronic osteomyelitis. The studies reveal the doctors should develop effective strategies for preventing and treating chronic osteomyelitis concomitantly with the patient's co-morbidities, especially among the aged population.
By Sheryl Menkes 30 Sep, 2022
Sometimes our aging loved ones need a little bit of help. There comes a time when moving into a nursing home makes sense. You would certainly hope that your family member gets the attention and care they deserve. You’d hope they continue to maintain an active life and engage in activities outside of their rooms. Unfortunately, nursing home abuse and neglect are all too common. Residents, unable to move well on their own, are left in bed for hours, if not days, at a time. Many develop bedsores. These can be painful and cause infections and other health complications. This is something no one should ever have to experience. Has someone you love gotten bedsores because they received inadequate care in a New York nursing home? Contact Menkes Law Firm to learn about your legal rights and options. Nursing homes in New York have a responsibility to take care of their residents. If they don’t, they must be held fully accountable. Our nursing home abuse lawyers are prepared to help you demand the money your family deserves. Your first consultation is free, so call for help today. WHAT ARE BEDSORES? Bedsores occur when a person lies in bed, sits in a chair, or remains in another steady position for an extended period of time. Over time, the pressure of the person’s own body reduces blood flow to the skin and tissue that’s compressed against the bed or chair. This causes injuries known as pressure ulcers or decubitus ulcers. STAGES OF BEDSORES Bedsores get worse over time. The longer a nursing home resident remains immobile, the more severe the bedsores will be. Stage One : Pressure ulcers begin to develop. At this stage, they only affect the upper layer of the skin. The ulcer will begin to look and feel different from the surrounding skin. When the area is pressed, it will not get lighter in color. This indicates a lack of blood flow to the area. Residents may complain of pain, itchy skin, or a burning sensation. Stage one pressure sores can heal in as little as one to three days with prompt medical care. Stage Two : At this stage, ulcers affect all layers of the skin. Open wounds and blisters will begin to appear. It’s not uncommon for stage two bedsores to ooze or leak pus. Infections begin to develop at this stage. Stage two pressure sores can heal in as little as three days or as long as three weeks. Stage Three : Bedsores begin to affect the first layer of fatty tissue beneath the skin. The affected area may appear sunken and smell bad. At this stage, the infection has set in. The skin may look black if the tissue has died. Stage three pressure sores require significant medical intervention and can take up to four months to heal. Stage Four : Bedsores can begin to affect muscle and ligaments. The area will appear black and may no longer protect internal tissue, bones, and ligaments. You might be able to see those parts of the body through the sore. Many times, stage four bedsores are life-threatening and require surgery. Stage four pressure sores may heal in a few months. However, it’s not uncommon for a full recovery to take years. Bedsores are unacceptable. These ulcers develop when a nursing home resident remains in one position for too long. The nursing facility should be moving or repositioning residents regularly to avoid these painful injuries. Unfortunately, you can tell a lot about your loved one’s care by the stage of their bed sores. ALARMING BED SORE STATISTICS According to the US Department of Health and Human Services, bed sores affect an estimated 2.5 million people every year. Nursing home residents are particularly susceptible to these dangerous injuries. According to one CDC study: 11 percent of nursing home residents suffer from bedsores Half of all affected residents presented with stage two ulcers Men are more likely to develop bedsores than women Nursing home residents are more likely to develop ulcers during the first year of their stay at a nursing facility Recent weight loss can increase the risk of bedsores Residents who take more than eight medications are more susceptible to pressure ulcers, and Residents who suffer from incontinence are more likely to get bed sores. One out of every ten nursing home residents is likely to develop bedsores. Since bedsores are an avoidable injury, this statistic is far too high. If your loved one has gotten bedsores because of nursing home neglect, you need to demand compensation. HOW ARE BED SORES TREATED? Bedsores are usually avoidable. When bedsores develop, the wounds must be treated and the circumstances that led to the injury must be addressed. When a nursing home resident suffers from stage one bedsores, the best treatment is prevention. Nursing homes should check for infection but focus on repositioning the injured resident more frequently. Some patients may benefit from special bedding or mattresses that can reduce pressure on the body. Treatment for stage two, stage three, and stage four bedsores can include: Preventative measures Antibiotics and prescription medication Cleaning and dressing ulcer wounds Surgery to remove dead tissue, and Surgery to repair damaged skin, tissue, muscle, bones, and ligaments. All nursing home facilities should be staffed with individuals who know how to prevent, identify, and treat bedsores. However, the CDC reports that only 35 percent of residents suffering from stage two bedsores received care from specialized nursing home staff. DAMAGES AVAILABLE TO NURSING HOME RESIDENTS AND THEIR FAMILIES Every year, 17,000 families file nursing home abuse lawsuits after their loved ones develop bedsores. Why? Because in addition to inflicting excruciating pain and causing emotional suffering, bedsores can be expensive to treat. It’s estimated that it can cost anywhere between $20,000 and $151,000 to treat one bedsore. When a nursing home resident has several bedsores, the cost of medical care and treatment can be overwhelming. You can demand compensation from the negligent nursing facility that allowed your loved one to develop bedsores. This might include money to cover: Medical expenses Rehabilitation The cost of a new nursing home Transportation Pain and suffering Emotional distress Disfigurement Scarring, and Loss of enjoyment of life. Don’t underestimate the costs of a bedsores injury. Let the experienced legal team at Menkes Law Firm help you fight for the money your family deserves. WHEN DO I HAVE TO FILE A BED SORE INJURY LAWSUIT? The statute of limitations for bodily injury claims in New York is two years. You will lose the right to obtain compensation from a negligent nursing home if you wait too long to assert your legal rights. However, you might have additional time if your loved one’s bedsores weren’t discovered right away. You can have one year from the date you learn about an injury to file your claim. CALL MENKES LAW FIRM FOR HELP Bedsores are inexcusable. Your loved one should never be in one position for so long that their body begins to develop painful ulcers. Don’t hesitate to contact our experienced New York personal injury attorneys for help filing a lawsuit. We’ll help you hold the negligent nursing home responsible and demand the get money your family deserves.  We offer a free consultation, so call our New York law office for help today. We’ll review your injury case, explain your rights, and answer any questions you have.
By Sheryl Menkes 30 Sep, 2022
Unfortunately, many American cities (including several in the state of New York) are plagued by numerous potholes, cracks in the asphalt, uneven concrete sidewalks, and dilapidated ramps. According to a 2013 study by the United States Department of Transportation, it interviewed some 7,500 people who claimed to have been injured while walking on public sidewalks. Of the people interviewed, almost a quarter (24%) stated that they had tripped over uneven or cracked sidewalks. What if unlucky sidewalk users are seriously injured? What are your legal options? Slip, trip and fall in public spaces are legally prosecuted as liability claims, and can be brought by injuries that occur in almost any public setting, from tripping on a sidewalk as a result of uneven or broken concrete, a fall in a supermarket on a wet or slippery floor, or a trip or fall in the workplace, there are legal options to help those who have been affected by such an event. It is important to keep in mind that every public place operates under a duty of care that dictates that the people responsible for this space must ensure that no personal harm occurs. So an accident can be attributed to the negligence of the people responsible for maintaining the area. Suppose you are injured in a slip and fall on a public sidewalk. In that case, you should be aware of two important limitations: First, most states, including New York, have strict deadlines for filing personal injury claims against a municipality. Second, most states put a cap on the amount that can be recovered from the state or a municipality if won. Most of the time, you may have the right to take legal action against the city, state, or government for injuries sustained. However, the government is known for taking steps to protect its municipalities and minimize the number of claims filed against them. It is important to speak with an experienced legal professional who knows the intricacies of the law before taking legal action.  Call Menkes Law Firm today for more information on your specific claim timeline.
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