As the recent news stories popping up around the state have made clear, the way in which nursing homes are customarily owned and operated has become an extremely contentious topic. We’ve discussed the way that nursing homes often set up different legal “entities” that shuffle around ownership of the physical building, while others, for instance, own the furniture or run the staffing, but at the end of the day, actual Read More
Nursing Home Abuse & Neglect – Growing Elderly Population
Our elderly population is clearly growing which directly correlates to more of our loved ones in nursing homes or similar facilities. Often an elderly person - our loved ones - are like children who need care and help with the most basic daily living activities: bathing, dressing, and using a restroom. Being older brings something different though vs. a child in such care: medications have to be monitored, skin Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Nursing Home Slow Death
I have been handling nursing home cases for well over a decade. My own dear grandmother suffered indescribably from a decubitus ulcer while in care of others. Morphine was her earthly savior from the pain she seemed larger than life to have endured as I was told. An article I came across today by a mortician (found here) recalled those memories. The mortician described her most memorable, first death "experience" Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Nursing Home Care
Maybe it's time for you to hold their hand? Symbolic or literally - your loved one must be vigilantly cared for when they can no longer care for themselves. Nursing homes are required by law to provide non-negligent care. Is your loved one being properly cared for? Federal law is quite clear on the "big picture" of required care by nursing homes: Each resident must receive and the facility must provide the Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Decubitus Ulcers & Treatment
Proper initial assessment, follow-up and treatment of pressure sores (a.k.a. "bed sores" or "decubitus ulcers") is critical in the nursing home environment. First, the proper "stage" should be noted at assessment: Generally, pressure sores can be classified into four (4) "stages" as noted in this picture or "unstageable" (although "unstageable" can be questionable if there is an improper assessment). Stage III and Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Pressure Sores = Unacceptable
Pressure sores or bed sores a.k.a. "decubitus ulcers" are simply unacceptable to arise in the nursing home and hospital context. Worse, they should not go so untreated that they become septic resulting in potential premature - or wrongful - death. In fact, one part of Federal Law requires that quality care be provided nursing home residents: Each resident must receive and the facility must provide the Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Will Your Lawyer Fight Every Inch of the Way?
Multiple "levels" of rules exist in law - from the Constitution all the way down to administrative rules and then the cases interpreting all of them. Skilled and experienced lawyers know how to employ them on your behalf - or in your defense every inch of the way throughout your case if necessary and possible. Is your lawyer doing that? In fact, I often file motions when Defense Attorneys seem to want to start to Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Will Your Lawyer Actually File Suit? Second Opinion?
Will your lawyer actually take that step to file a lawsuit if necessary? Or will your attorney do what I call "short settle" and never step foot in court? There are times to settle outside of Court and before ever filing suit - and often. However, I see too many lawyers taking the first offer or what I call "short settling" a case - any type of case. Good lawyers "work up" cases to settle every time and often cases Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Injury Claims 101
Auto Accident? Truck accident? Motorcycle accident? Workers compensation claim (injured at work)? Nursing home injury or death? Dog bite? Any other injury from any source / reason? Claims 101 Information on the first few steps below - if negligence is involved, you deserve compensation. No matter the type of injury, first and foremost, get to the Emergency or Doctor. Take care of yourself first - or your loved ones, Read More
Chicago Trial Attorney: Personal Injury & Business Litigation – Digital Assets (Digital Evidence?)
A recent article found here explains how difficult access to e-mails or "digital assets" can be after death. Evidence can "lurk" in e-mails and such "assets". Where are your passwords stored? Philip J. Berenz, CPA, JD - Exclusive invitation and selected! Proud and honored to be a member! The National Trial Lawyers: Top 100 an invitation-only organization composed of the premier trial lawyers from each state in the Read More
