Archive for September, 2008

If you were in a collision and the at-fault driver had insurance I’m sure you’ve asked yourself this question. That’s because one of the first questions out of the at-fault insurance adjuster’s mouth is, “Can I record a statement?”

My standard answer to this questions is no.  Don’t give a statement.  If the at-fault insurance company insists on a statement, then wait until you hire a lawyer before giving a statement.  You hire a lawyer to stand by your side and serve as your advocate through the entire process.  Why give a statement before having that advocate by your side?   

Remember, insurance companies are in the business of making money.  That is certainly not wrong or illegal by any means.  But, what that means is they want to take in premiums and pay out as little as possible.  That’s just the basic economics of insurance.  So, insurance companies teach their insurance adjusters how to make sure they pay out as little as possible.  That starts right away after the collision with the recorded statement.  

This is especially important if liability is an issue.  The at-fault insurance wants to pin as much fault on you as possible.  The facts are the facts, but many times confusion, pain meds, frustration or other things get in the way of an injured person’s ability to clearly describe what happened.  

So, if you are involved in a collision, I recommend talking with an attorney before you give that statement to the at-fault insurance company.  I’m sure you’ll be glad you did.

-Attorney Jonathan Groth

A Chicago suburban newspaper ran a story on a series of mysterious deaths at a McHenry County nursing home that may not be mysterious at all.  An Illinois state investigatory report claims that a nurse at Woodstock Residence in Woodstock, IL may have been overdosing patients that she deemed troublesome or believed had lived long enough.

According to the article, nurse Marty Himebaugh gave restless patients drug cocktails to keep them calm even saying that she would make sure that one patient wouldn’t make it through the day.  The facility’s director reportedly went to Himebaugh and said, “I do not care if you play the angel of death, just don’t let me know about it.”

Himebaugh referred to a 56-year-old patient with Down syndrome in the following manner, “Those people aren’t meant to live that long.  They are meant to die in their teens and I’m going to help them along.”

The article goes on to say that co-workers began voicing their concerns in April of 2006, six months before Himebaugh was removed from duty after a state police probe.   The deaths occurred from April 2, 2006 to September 18, 2006.

The use of chemicals to restrain residents has been banned for many years.  In fact, the use of restraints in a nursing home is monitored as a quality indicator.  Quality indicators are monitored and reviewed by each nursing home.   Nursing homes also have a duty to investigate concerns about staff and quality of care.  The big question is why this wasn’t discovered sooner.  Did money play a role?  That is, cheaper to keep the nurse?

Click here to read the full article.

-Attorney Jeffrey Pitman

*Attorney Pitman is licensed to practice law in the state of Illinois.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling nursing home abuse and neglect cases through out the state.  Our nursing home abuse and neglect trial team has successfully represented abused and neglected residents in almost every county.  We know Wisconsin.

The U.S. Government released a list of the 52 worst nursing homes in the nation according to the Centers for Medicare & Medicaid Services.  The government says the list should provide U.S. consumers with new information when choosing a home.  The list was released because a number of facilities were consistently providing poor quality of care, yet make enough changes to pass government surveys only to fail the next.

Here’s a quick guide to reading the list: 

• Table A – New Additions to the list 
• Table B – Not Improved
• Table C – Improving
• Table D – Recently Graduated
• Table E – No longer in Medicare and Medicaid

Notice there are 4 Wisconsin long-term care facilities on the lists. 

• Luther Home in Marinette – Table B
• Columbus Nursing & Rehabilitation in Columbus – Table C
• Middleton Village in Middleton – Table C
• Willows Nursing & Rehab in Sun Prairie – Table C

If you need help finding a nursing home for a loved one, please click here or feel free to contact us. 

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Milwaukee, WI – Attorney Jeffrey Pitman of Pitman, Kyle & Sicula S.C. settled a nursing home neglect case on behalf of an 82-year-old New Berlin woman who suffered a significant injury to her lower leg while at Mitchell Manor, a Milwaukee area nursing home.

The resident was admitted to Mitchell Manor with fragile, thin skin and was high risk for injury.  Her physician ordered that she wear fleece boots at all times to protect her legs.

On February 19, 2004, two nurse’s aides transferred the resident causing a “degloving injury” to her leg.   The aides acknowledged the resident didn’t have her fleece boots on and the boots should have been put on before the transfer.  Staff of the nursing home and physicians agreed that if she had the fleece boots on, the injury wouldn’t have occurred.

The lawsuit alleged that Mitchell consciously disregarded the rights of residents of Mitchell Manor.

Click here to read the full article.

The Senate Finance Committee approved two bills that seek to prevent neglect and abuse of elderly patients in long term care facilities. 

One bill would authorize $777 million to establish state and local training and assistance programs for long-term care employees. In addition, the legislation would establish a database used to identify and track elder abuse cases. 

The second bill, sponsored by Wisconsin’s own Sen. Herb Kohl, would seek to establish a nationwide system of background checks to screen potential long-term care employees for a history of abuse or a violent criminal record. The legislation would provide as much as $160 million in grants over three years to states that seek to participate in the program.  

According to one government news reporting agency, the Senate “has a limited number of days to try” to reach agreement with the House on the bills, which “groups representing America’s elderly are pushing as a major priority.”

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Food & Drug Administration has created this new page (see link below) on their web site.   The page teaches you what to look for in prescription drug advertisements.  Please remember that your doctor or health care provider is the best source of information about the right medicines for you.

http://www.fda.gov/cder/ethicad/index.htm

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

The Consumer Product Safety Commission has just announced a recall of MacGregor Folding Soccer Goals and Mitre Folding Soccer Goals

The openings in the soccer goal net can pose a head and neck entrapment or strangulation hazard to young children.  Regent Sports and CPSC have received two reports of head entanglement, including the strangulation death of a 20-month-old child who was found with his arm and neck tangled in the soccer goal net.

The MacGregor soccer goal has model number 97236 printed on the assembly instructions and UPC code number 029807972365 printed on the net’s packaging. The Mitre soccer goal has model number 89186 printed on the assembly instructions and UPC code number 029807891864 printed on the net’s packaging.

If you have one of these products you should contact the manufacturer, Regent Sports, immediately for a replacement net.  If you any questions regarding Defective Product or Product Liability cases, please contact our law firm.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

A Consumer Information Report on the quality of care for Wisconsin nursing homes is released every year by the Wisconsin Department of Health Services. This report breaks the data down into several categories, which can be used to compare state nursing homes. If you have a loved one in a nursing home or if you are facing the decision of placing a loved one in a nursing home, you will want to see how the home ranks.

It is extremely important to maintain quality care for our elderly population. If your loved one has been the victim of abuse or neglect at a nursing home, you should report the facility to the proper authorities immediately and you should contact our law firm to determine the extent of your legal rights.  For more information or resources on Wisconsin nursing home abuse, please visit our firm’s web site dedicated exclusively to Wisconsin nursing home abuse at www.wisconsinnursinghomeabuse.com

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.

Kenosha, WI – Attorney Jeffrey Pitman, of Pitman, Kyle & Sicula, S.C., filed a lawsuit on behalf of a Kenosha man who died at Washington Manor Nursing Home, a HCR Manor Care facility in Kenosha, WI.

The 76-year-old male resident was admitted to Washington Manor on January 20, 2006. Nurse’s notes show that on March 2, 2006, nurses discovered an area of redness on the resident’s coccyx (tail bone), but did not notify a doctor of their discovery. In fact, a doctor wasn’t notified until eleven days later at which time a skin assessment showed that the area of redness had worsened to a stage 2 pressure sore. Another skin assessment one week later showed the sore had deteriorated to a stage 4 pressure sore leaving his tail bone exposed. 

Within a month from discovering the area of redness, the resident died from sepsis brought on by the infected pressure sore.

The lawsuit alleges that Washington Manor failed to monitor, assess, and ensure that the resident received the necessary services to keep him safe, hydrated and nourished; failed to employ appropriate nursing, dietary and nutritional care and services; and Washington Manor failed to employ and implement appropriate and necessary nursing and wound care prevention and care and services.

Pitman, Kyle & Sicula is a Wisconsin personal injury law firm handling cases through out the state.  Our personal injury lawyers have successfully represented injured people in almost every county. We know Wisconsin.