Nursing Homes and Patient’s Rights

Here’s an important tip from Medical Malpractice Attorney Sandra Bucha about how to protect a loved one in a nursing home or assisted living facility.
Many of our clients have family members whom they eventually have to place into nursing home facilities or assisted living facilities. The decisions family members must make are difficult at best. They want to be sure that these facilities treat their loved ones with dignity and respect. They want to be sure that these facilities provide the proper care, nutrition, and oversight necessary for their safe residence in these facilities.
We had a case recently of an 83 year old mother was placed into just such a facility. The family entrusted her care to the nursing home facility. Within the first month of her residence at this facility she fell. Within the next month she fell again. Within the next month she felt two more times and ultimately she fell again fracturing the femur in her leg. She died of complications of that fracture. Upon her death, the family discovered that not only had she suffered multiple falls, but she was also suffering from malnutrition, dehydration and pressure ulcers.
This is inexcusable! It is absolutely inexcusable and nursing home facilities and/or assisted living facilities need to be held responsible for this kind of neglect and disregard.
The Florida Statutes actually outline certain rights that your loved one has regarding life and care in nursing homes and assisted living facilities. Those rights spelled out in Chapter 400.022 of the Florida Statutes include, most especially, the right to be treated with dignity, respect and care while they’re in that facility.
Become familiar with those rights, because those rights will ensure that your loved one will live out their final days with comfort and safety. And if you have concerns about the manner in which your loved one is being treated while in the nursing home or assisted living facility give us a call. We can help.
Our toll free number is 800-332-1992 or email us at info@qlaw.com.
Check out our latest podcasts on iTunes or YouTube for free.

The Black Box

Derek Reams is a Board Certified Civil Trial Lawyer with Q Auto & Injury Attorneys and offers this technology update. Eyewitness testimony has always been vital to determining how an accident occurred. More often than not though, eyewitnesses can see things in differing ways. One driver says, “I was going thirty five miles an hour”. The other driver says, “No that’s not true you are going at least fifty five miles an hour”. The jury is then asked to believe which driver is the most credible in determining who was at fault. Technology is changing that now. Many newer motor vehicles have black boxes similar to those in airplanes. With these black boxes information such as speed, the direction of the steering wheel, how much the brake pedal was depressed, how much the accelerator was depressed and similar information can be downloaded from the car itself and becomes extremely important to figuring out who was in fact at fault for the crash. Let me give you an example. I recently handled a case where the motor vehicle involved was merging onto the interstate from the shoulder. This motor vehicle was rear ended by a second car and as a result of that collision our client was involved in a four car pileup. The person that had recently merged onto the interstate from the shoulder claimed he was not at fault. However, once we downloaded the information from his black box the car told us that he was going eleven miles an hour on the interstate, the brake pedal was depressed, his steering wheel was facing the wrong direction and it was easy for us to argue to the insurance company that he was at least partially at fault for the crash. The end result, we got our client a settlement for all of the insurance money available and the case settled without having to file a lawsuit. It’s important for you as a victim of a motor vehicle crash to quickly call a law firm that’s experienced with cars today and technology, a law firm such as Q Auto & Injury Attorneys. Why? Because this vital information recorded by the black box is quickly lost once your vehicle is repaired or salvaged. Contacting a law firm that’s familiar with the technology in today’s cars is imperative for you and preserving all evidence and information is important for your case. Most importantly it canhelp you win your case and obtain the best result possible. So call us at 1-800-332-1992 and ask to speak with one of our attorneys. We can help. Check out our latest podcasts regarding The Black Box and other subjects of intrest on iTunes for free or our YouTube Channel.

Don’t Let It Happen To Anyone Else

From Leonard McCue of Q Auto and Injury Attorneys;
The term auto and injury attorneys is a broader term than most people know. We also handle medical malpractice, but we’re really concerned with almost all types of injury cases.
Recently, we were asked to represent two young children who lost their father. Not in an auto accident but in a rather peculiar way. He was just recently incarcerated in to the Florida prison system only to be found dead in his cell a few days later, suicide by hanging.
There’s been a tremendous amount of news coverage concerning the Florida prison system and the number of suicides and the number of deaths that have been caused apparently by negligence on the part of the people who maintain the prison system.
We’re looking into this case as a case of negligence on the part of the prison system for failing to carry through on a suicide watch which had been recommended for this young man. We’re going to do everything we can to see that this young man’s family is protected. It’s not just that these two children have lost their father; it’s that we don’t want it to happen to anyone else either.
If you have any questions about any kind of an injury case give us a call. We can help. Our toll free number is 800-332-1992 or email us at info@qlaw.com. Check out our latest podcasts on iTunes for free or our YouTube Channel.

Question! Question! Question!

Let me tell you about a client that we had that went for a routine visit to his dentist. During that visit he told the dentist he was concerned about a small growth that he had in his upper jaw. The dentist looked at it, decided to remove it, decided it was benign and the patient/ the client had nothing to worry about. A couple months later, that growth returned and our client was concerned that it might be cancer. He told the dentist that. The dentist basically said, “Don’t worry about it. We’ll remove it again. It’ll be okay.” Long story short, a couple more visits later the growth returned, and it was finally biopsied and determined to be cancer, Stage 4 mouth cancer. The moral of the story is, if you are concerned about something that is going on with you, your health, your body, be proactive. Tell your dentist, tell your doctor, to tell your provider that you’re concerned that something just does not feel right. Perhaps you will encourage your doctor to take that extra step that extra step they can save your life or at least prevent a serious injury. If you think you might have a malpractice case give us a call. We can help. Our toll free number is 800-332-1992 or email us at info@qlaw.com. Check out our latest podcasts on iTunes for free.

Deposition – Pain & Suffering

During a deposition questions are always asked about how your injuries have affected your hobbies, your life activities or the things that you do on a daily basis. These things could be related to your employment, they could be related to things at home such as gardening, hobbies around the house, or activities with your family and your friends. These details are generally referred to as, “Pain and Suffering”. Pain and suffering is extremely important for you to document and discussed during your deposition. Taking regular notes will help you remember all of these little details. Here are some examples of what I’m talking about. Sometimes people will have a vacation that was planned before the accident that was scheduled to take place right after their accident had occurred. They have to cancel that vacation because of their pains and their injuries. As time goes by they may have forgotten about this family vacation and don’t realize that is one aspect of how the injuries have affected their lives. As time passes you may get more used to your pain levels and that fact that your body is in pain on a regular basis. This pain often forces you to stop doing things you regularly would do and over time you forget about those activities. With today’s social media people document their lives. Facebook, Instagram and other social media sites on the internet post things that are being done with family and friends. You need to be very, very careful about what you post online because insurance companies will look to your Facebook page or look at your Twitter accounts to see what you’ve been doing. I’m not sitting here telling you you’re supposed to do absolutely nothing because you’ve been injured. We want you to try to be as active as you can but also be mindful that certain activities are changed because of your injuries and a picture may not appear to show the real pain that you are suffering. Keeping notes about changes in lifestyle, health and well being will help you be prepared for your deposition and help explain to the insurance company how your injuries have not only affected you financially with regard to medical bills but also have affected you from pain and suffering standpoint with activities, friends, family and possibly even employment.
If you’ve been injured, if you have questions or if you think you have a case, give us a call. We can help. Our toll free number is 800-332-1992 or email us at info@qlaw.com Check out our latest podcasts on iTunes for free.

How Do I Find The “Right Lawyer”?

Here’s some good advice from Founding Partner, Leonard McCue, PA..
I’m always advising people to get a lawyer to help them with any claim that arises out of an automobile accident or medical malpractice. But “how do you find the right lawyer?”. Do you simply open up the yellow pages and poke your finger at the odd page that you come to or do you go on a website and simply type in, auto accident attorney?
It’s certainly a way of making an initial contact with a lawyer. But is that all? How do you know that one you’ve chosen from the yellow pages or whose website looks really glamorous, is going to do the best job for you? You have to ask questions. For instance, ask them how long have they been doing this type of legal work? More importantly is this the only type of work they do?
I know that I don’t want to have a divorce lawyer handling my medical malpractice case. If the lawyer you contacted doesn’t primarily do injury cases your best moving on and finding another attorney. I think one of the critical questions to ask is, “Do you try cases?”. That means do you take cases to court and try the case before a jury. The reason that’s an important question is because insurance companies know the law firms who are willing to challenge them in court. Challenging an insurance company in court is a very nerve wracking process. So it produces a great deal of anxiety. A lot of Lawyers do anything they can to avoid experiencing that anxiety. They don’t take their cases to court. Insurance companies, knowing that, low ball their offers of settlement for that law firm’s clients.
You don’t want to be one of those clients. You want to know that if the lawyer doesn’t believe he can get the absolute limits for you in a legal settlement for the satisfaction of the pain and suffering you’ve experienced, that he’s willing to take that case before a judge and jury to challenge that insurance company to be sure you’re satisfied with the outcome of your claim.
We take our cases to trial. At any time, on any day, in the course of our work we have a hundred or more cases scheduled for a trial. Now it’s true, insurance companies get just as anxious and just isn’t as nerve wracked over taking these cases on as the lawyer does. So it is often on the steps of the courthouse that they will settle the case. But, if they don’t settle, we do take those cases before a jury and challenge the insurance company to try to defeat your right to a good settlement for your case. Call us, we can tell you about our experience in trial. Give us a call, we’re Q Auto and Injury Attorneys and we can help. Our toll free number is 800-332-1992 or email us at info@qlaw.com Check out our latest podcasts on iTunes for free. 

Communicating with your doctor

Communication with your doctor after an accident is key to a proper settlement of your personal injury case. It might seem unfair that you have to pay for your own medical bills after an auto accident, but, Florida is a “no fault” state when it comes to auto insurance, meaning you are on the hook for your own bills, not the at-fault driver. That’s why Florida requires every driver carry a minimum of $10,000 in Personal Injury Protection or PIP benefits. However, depending on the severity of the accident the $10,000 minimum might not be enough to cover all of your bills. This is why you need to make sure your doctor knows all of your injuries. So, any ache, pain or stiffness you have you will need to report to him. Whether it’s a sore neck in the morning or stiffness during the day, anything that has occurred after the accident could be related to the accident. Keep in contact with your doctor. A small pain in the neck in the morning could be a big problem down the road. Whether it’s the new pain or re-aggravation of an old pain, let your doctor know so that he can help you and treat anything before it becomes long term nerve damage and so your lawyer can be sure the cost of that treatment is covered in your personal injury claim. If you’ve been injured, if you have questions or if you think you have a case, give us a call. We can help. Our toll free number is 800-332-1992 or email us at info@qlaw.com Check out our latest podcasts on iTunes for free.

Reasonable Compensation

When a lawyer is representing you for a personal injury claim, be it an automobile accident or medical malpractice, he or she should feel responsible to do the best possible job for you. Now, we define the best possible job as getting the most money in a settlement that we can for you. But, just because a lawyer gets a large settlement for you doesn’t mean that he will put a lot of that settlement in your pocket. It doesn’t end there.
In order to get a substantial settlement in a case it is more likely than not you’ve endured a great deal of pain and suffering because of the physical problems the accident or the malpractice caused you. That means very often that the amount of money that we get for you may not cover all of your medical bills and still put a sizable portion in your pocket.
The lawyer you hire should feel obligated and in fact be obligated to do everything in his or her power to reduce those medical bills. Yes, believe it or not those bills can be negotiated not unlike you’re negotiating to purchase a used car. There is a certain amount of money that the doctor or the medical provider has already determined is necessary to cover their expenses in your treatment. It’s the responsibility of your lawyer to determine the minimal amount of money necessary to have covered those expenses and be fair to the medical provider. This amount and the amount doctor charges are often no where’s near each other. It is our duty as your lawyer to do the best we can to deal with those medical providers. It is our job to convince them that what they’ve billed and what they’re willing to accept are two different things and that we are only going to be paying the minimal amount necessary. That’s what puts more of that settlement into your pocket and less into the overhead of a medical provider.
It’s a duty we take very seriously here at Q Auto and Injury Attorneys. We work very hard to be sure that the bills are fair, not exorbitant. We can help with those bills. We are Q Auto and Injury Attorneys and we’re here to help. Call us now. Our toll free number is 800-332-1992 or email us at info@qlaw.com Check out our latest podcasts on iTunes for free .

Mediation – A Florida Requirement

Here in Florida, our courts require personal injury cases to go to mediation prior to trial. Many times the case is more appropriately dealt with at mediation as opposed to trial, so let me explain to you the mediation process and what you can do to be prepared for that. The mediation process is simply where we sit down with the attorney for the insurance company, a representative with the insurance company itself and a mediator. Both sides give a factual overview of their version of the case and then we actually begin discussing settlement of your case. Don’t worry you don’t have to do any talking at the mediation. We do all the talking for you. Your case has been worked up to the point where you’ve received your medical care. Your deposition has been taken by the insurance company’s attorney and now they know a lot of the information they need to properly evaluate your case. Things that you can do to prepare for mediation are; if you needed to use some medical device after your accident but don’t currently use it such as a neck collar after surgery, crutches or a walking cane bring those devices with me to the mediation. Mediation many times is the first time the insurance company representative is to see you in person and like the deposition we want to impress that person with what you’ve gone through since you were injured. Obviously our goal of mediation is to get the best settlement we can for you. Any information that you can provide to document and demonstrate how your life has changed by your injuries is extremely helpful. Pictures or video are important. Logs and journals that you keep on a regular basis that not only include your medications and doctors visits but simple notes on how you were feeling or what activity you passed up because of your injuries on any particular day is just as important. Documentation will help us get the best result for you at mediation. Although our courts in Florida require each case to go to mediation there is no obligation for you accept the offer being made by the insurance company. In fact, many times we have to walk away from the table in order to get a more appropriate settlement value for your case. But being prepared, being able to show the insurance company how serious your case is including your injuries is just as important at mediation as it is in every other step of your case. If you’ve been injured, if you have questions or if you think you have a case, give us a call. We can help. Our toll free number is 800-332-1992 or email us at info@qlaw.comCheck out our latest podcasts on iTunes for free.

Wrong Treatment

Many of the malpractice cases we handle stem from clients whose doctors have diagnosed their condition properly, but have treated their condition improperly. An example, a client we had reported to his doctor with extremely high blood pressure. The doctor gave him medication that made that blood pressure dropped precipitously. As a result our client suffered a severe and disabling stroke. Another client had knee pain that was appropriately treated initially by the doctor or appropriately recognized. But he was given a certain medication that eventually caused him to suffer from severe end stage kidney failure. Another client reported to the emergency room and said he was dizzy. The doctor recognized this condition, prescribed certain medication that actually caused him to hemorrhage and eventually suffer a severe, disabling stroke. Occasionally doctors make mistakes. The lesson to be learned here is, with any medication read the instructions, ask questions, and have your doctor tell you about any and all possible side effects of the medication he is recommending. Remember, he is working for you. If you think you might have a medical malpractice case give us a call. We can help. Our toll free number is 800-332-1992 or mailto:info@qlaw.com Check out our latest podcasts on iTunes for free .