What to Look For When Filing a Nursing Home Abuse Lawsuit

Ideally, a nursing home is a place where elderly admitted elderly patients should feel safe.

Unfortunately, some nursing homes indulge in deplorable practices in relation to their patients. Often, most of these cases go unnoticed by management, which makes it difficult for authorities to monitor.

Ironically, a number of lawsuits for elderly abuse have been filed against many nursing homes. 

Majority of these nursing homes are licensed facilities that are known to provide high quality nursing services. Across the country, approximately 2000 such facilities are charged with lawsuits pertaining to elderly abuse.

Statistics show that more cases are being filed against renowned nursing homes across the country. Moreover, at least 6% elderly patients have faced some form of elderly abuse at their nursing home. If your friend or family member has experienced similar abuse at a nursing home, you should seek legal representation. We spoke to a renowned law firm in Akron Ohio - Barry M. Ward. Here’s what they had to say:

When You Should File a Lawsuit?

All nursing homes have to abide by ethics and regulations set forth by the Ohio House Bill # 412. The bill underlines the importance of the code of nursing ethics, and emphasizes that all nursing homes in the state should abide by it.

Every nursing home is bound by law to provide healthcare facilities that are compliant with federal standards as outlined by the Omnibus Budget Reconciliation Act (OBRA).

However, most nursing facilities, be it family owned or corporate, often fail to meet these guidelines. This is because these facilities take more patients than they can care for. If you or your family member ended up in a nursing home that failed to deliver promised services, you have the right to file a lawsuit against that nursing home.

Things to Look For before Filing a Lawsuit

Filing a lawsuit against a nursing home, especially the licensed ones, can be tricky for many reasons. There is no denying that elderly abuse goes unnoticed in most nursing homes. However, most nursing homes use this offensive as a tactic to control their patients. In all essence, this is illegal, unethical and a violation of the law.

Find a Nursing Home Abuse Lawyer in Akron

For patient’s attendants, filing a lawsuit becomes more difficult when they do not have some sort of tangible evidence in hand. This is where your attorney can help you in your cause for filing a lawsuit. For example, some of the favors your attorney could offer you are:

• Asking for a legal inquiry against the nursing home
• Notifying concerned authorities
• Making alternate arrangements for your relative or friend
• Manage proper investigation until the reality comes to light

If you are looking for a nursing home abuse lawyer in Akron region, hiring Barry M. Ward will help your cause.

For more details, visit our website or contact us at 330-535-1555. You can also visit us at our office at One Cascade Plaza, Suite 1000, Akron, Ohio.

Know Your Personal Injury Type

Tort Law, also known as personal injury law, allows an emotionally or physically injured victim to get compensation when anyone else’s intentional or unintentional negligence causes harm to them.

There are numerous situations that can fulfill the criteria of a personal injury case. Let us take a look at common types of personal injury cases, and analyze what to expect from them.

Car Accident Cases

Car accidents are the most common personal injury cases. Usually, these occur when someone does not follow the rules carefully, or drives without caution. The careless driver is normally held responsible for the harm arising from a car accident, and they are liable to compensate the plaintiff financially or otherwise.

Medical Malpractice

Medical malpractice cases arise when a medical practitioner or a hospital fails to provide the plaintiff with competent and reliable care. As a result, severe injury and even death may occur. Medical malpractice falls under the most complex cases for personal injury claims.

Slip and Fall Cases

Property owners and landlords are legally bound to keep their property free of hazards, for other people, so that they remain safe while they are within the owner’s premises. If a person slips and falls due to the negligence of the property owner, then this can be classified as a personal injury case and a lawsuit can be filed by the injured person.

Defamation: Libel and Slander

Libel and slander refer to written and oral defamation of character where a person suffers emotional injury as a result of defamed reputation due to untrue statement/s. It is important to mention here that an average person has to prove that they actually suffered financial loss due to libel and slander, while celebrities only need to prove ‘actual malice’ in defamation cases.

Dog Bites

Usually, dog owners are responsible for dog bites and various other injuries caused by their dog. In some states, the owner has to compensate the plaintiff even if the dog has never shown any signs of aggressiveness in the past, while in other states, the owner is held responsible if the dog under question has a history of aggressiveness.

Assault, Battery and Other Intentional Torts

Intentional Torts do not come under the definition of accidental injuries, which are caused by carelessness and negligence. Generally, these cases include an added charge of a criminal case against the perpetrator. For example, if a person intentionally attacks another person with an aim to injure them, then they will be facing a criminal charge in addition to a personal injury lawsuit.

If you believe that you are a victim of a personal injury, contact the experienced lawyers at Barry M. Ward Co., LPA to guide you through the legal procedures, so that your injuries are duly compensated.

Filing a Birth Injury Case

The time when a child is born to loving parents is the most joyous time in their lives but often, this too, becomes a source of pain and anguish if the delivery doesn’t go as was expected and hoped. Thankfully, most child deliveries are smooth from start to end, but in many other cases, complications have been known to arise during the pregnancy itself as well as the delivery; complications that could have been avoided.

To fully safeguard their legal rights, it’s important to teach expecting parents about birth injury cases and to provide them the resources in case of the unexpected, so that parents know what to do in the event of a birth injury.

Cases involving birth injuries can differ from one another, but most situations do have two situations in common by which parents can find the necessary grounds when it comes to taking legal action. The general scenarios are;

• Doctor’s failure in responding or assessing to conditions during the delivery
• Injuries incurred due to pre-natal care during pregnancy which includes prescription drugs

What Is It: Birth Injury or Birth Defect?

When it comes to filing the injury case, determining whether or not the complications rose by a birth injury or as a result of a birth defect is difficult to figure out, especially at first. Ohio injury lawyers instruct that parents should take precaution and examine their specific case closely before taking legal action.

Birth Injuries:  For every 1000 babies born in America, every five will be injured during the birth; therefore such injuries normally occur in the labor or delivery room. Complications resulting in the injury can be due an obstetrician’s improper use of medical technique or equipment, such as use of forceps or vacuum, resulting in severe head injuries to the baby due to lack of oxygen. 

Birth Defects: In contrast to birth injuries that usually happen during the delivery itself, defects can involve any harm that arose to the baby prior to the birth i.e. during the pregnancy of the mother and most probably due to pre-natal care.

Proving Your Case with the Help of an Ohio Injury Lawyer Specializing In Birth Injury Cases

The particular facts of your specific case matter, as you will need to show evidence to the court regarding medical malpractice or negligence of the medical providers and/or pharmaceutical companies in providing the right medical and prescription care to you and your baby before the delivery and during it. If you are considering suing any such party for medical malpractice, it’s better to hire an attorney specializing in this area and have them standing in your corner.  

When Should You Hire A Personal Injury Attorney?

When you’ve been involved in an automobile accident, there’s no doubt you’ve got a lot on your mind. The legal web can get so intricate that it gets overwhelming. So do you really need a lawyer, or would you rather represent yourself? There are many reasons why hiring an Akron personal injury lawyer might be the best decision you’ve made.

To help you decide, we’ve put this guide together. To hire? And when to hire? Read on to find out more.

Substantial Property Damage & Insurance Company Challenges

One of the most common damages after an accident is on the property. Your vehicle could be completely totaled. You will have to take into consideration some factors pertaining to the coverage of your property:

·         If the fault of the accident is yours, then you will have to seek out your insurance coverage agency.

·         In the instance that it was not your fault, you may seek coverage from the other party.

·         And finally, in the case of a hit and run, you may approach your own insurance company, once again.

For every insurance agent, the priority is his or her company, not you, the claimant. The initial claim offer may be insufficient to cover your loss. Therefore, you will need an attorney pursue a more substantial claim on your behalf.

Severe Injury & Disability

If you’ve been seriously injured as a result of the accident, it is imperative that you seek medical help immediately. Any delay and you will have problems proving that the injuries did, in fact, result from the accident. In some instances, injuries do not show up instantly. If you feel any physical pain or symptoms of the accident few weeks after the event, you should have a medical consultant have a look at it.

If the damage is serious enough, you may get in touch with your attorney and file for compensatory damage for the media bills, disability and loss of income that you’ve had to experience due to the injury.

Medical Malpractice

In the instance that you’ve suffered an injury due to the negligence of another party, in terms of incompetent and substandard treatment, wrong diagnosis, unprofessional medical practices, etc, you may file a suit for medical malpractice. This area of law involves numerous complexities. Having a legal counsel on board to represent your case is wise to help you get justice.

Whether you’ve been involved in an Akron truck accident, or a victim of medical malpractice, you need to speak to a qualified layer in Ohio.

Barry M. Ward Co., LPA is an experienced, professional and compassionate Akron law firm with a successful track record in cases involving personal injury, medical malpractice, wrongful death, criminal defense and probate.

Get in touch with your Akron personal injury lawyer now by visiting their website, http://www.barrymward.com/ or call them at, Akron: (330) 535-1555; Canton: (330) 454-0061

Address: Barry M. Ward Co,. LPA PNC Center One Cascade Plaza, Suite 1000 Akron, OH 44308

Essentials about Wrongful Death Cases

A wrongful death claim is essentially a personal injury claim that has been filed on behalf of the person who is deceased. His/her surviving family members or anyone that represents their estate can file such a claim. Barry M. Ward Co., LPA has been providing their expert legal service for wrongful death cases in Akron, Ohio for over 30 years. They can help you deal with all the aspects of filing a wrongful death claim and provide their services to get you the damages that you deserve.

Essentials

If you want to file a wrongful death claim in the state of Ohio, then you need to remember the following essential information:

Who can File a Claim?

Only a personal that legally represents the estate of the deceased person can file a wrongful death claim. Any company or organization that wants to file such a claim on someone’s behalf cannot legally do so.

Who can Receive Damages?

The Ohio state law recognizes the following people that can receive compensation as a result of a wrongful death claim:

• Spouse of the deceased
• Children of the deceased
• Parents of the deceased

Any other family members, that want to receive compensation, have to prove their losses to the court, before they can receive any sort of compensation.

Time Limits

Statute of limitation on wrongful death cases in Ohio is 2 years from the passing of the deceased person. Any case that is filed after the 2 year period will likely be dismissed by the courts. But, there are some exceptions, so it is prudent to speak with an experienced attorney before you take the process any further. Barry M. Ward Co., LPA has decades of experience with handling wrongful death cases and they will be able to offer you expert advice on any aspect of the case.

Damages

There are different types of damages that can be claimed in the lawsuit:

• Loss of the deceased’s earnings
• Loss of services that the deceased may have performed
• Loss of care, companionship, advice, etc, that the deceased may have provided
• Loss of possible inheritance that the deceased may have left
• Mental/psychological suffering caused by the death

Your lawyer will able to use these factors, to come with the fair compensation amount.

Keep the information above in mind when you are thinking about filing a wrongful death claim. And don’t forget to speak to an expert lawyer beforehand. Barry M. Ward is an experienced wrongful death claims and personal injury attorney in Akron, OH. He can help you navigate the intricacies of the law and help you get the compensation that you deserve.

Company Introduction

Barry M. Ward Co., LPA is an experienced, professional and compassionate Akron law firm which has been serving the community for 3 decades. They have a very successful track record in cases involving personal injury, medical malpractice, wrongful death, criminal defense and probate. They adhere to the highest standards of professional and legal ethics and strive to achieve the best possible results for their clients.

Wrongful Death Claims: What You Need to Know

Losing a loved one can be one of the most difficult and painful things one has to go through, especially if the death is caused by someone else’s negligence. Filing a wrongful death case will not bring your loved one back, but it will give you a chance to avail financial compensation for funeral costs, medical and lost remuneration and find closure.

However, in order to file a wrongful death claim, before hiring an Akron wrongfuldeath lawyer, you need to know the intricacies involved in such cases. Here is an introduction on what you need to know.    

When Is It Applicable?

Generally, a wrongful death claim is applicable when the victim is killed as a result of a harmful, negligent or intentional act. This case can be filed for many different circumstances, some of the most common being:

Intentional Killing

Wrongful death claims are applicable if someone is killed intentionally. The accused will be sued and arrested and charged with murder.

Medical Malpractice

If a medical practitioner fails to diagnose a condition properly or happens to be careless in providing suitable treatment which results in death, a wrongful death case or medical malpractice can be filed against the doctor or medical practitioner.

Car Accident

If a victim dies as a result of injuries from an automobile accident, caused by negligent driving of the other party, a wrongful death claim can be filed.

What Do You Need to Prove?

To facilitate the implementation of a wrongful death claim, the plaintiffs need to provide proof that the defendant failed to provide a certain level of care to the victim, was negligent and this intentional or non intentional act ultimately resulted in the death of the victim. 

Who Should File The Claim?

Generally, a representative of the estate of the victim files the wrongful death claim. This representative has a prior relationship with the victim. Usually, the spouse represents a deceased spouse, parents represent minors and adults can represent their parents. This however, can become complicated if the family begins to have disagreements on who has the right to the claim. A situation like this is then resolved by the state based on financial dependence on the deceased.

Damages

Survivors can claim compensation for:

• Medical costs
• Survival claim on the basis of the victims pre death pain and suffering
• Burial and funeral costs
• Loss of guidance or nurturing or upbringing
• Loss of income of the deceased individual
• Loss of inheritance

If you are looking for a wrongful death or accident attorney in Akron, consider the services of Barry M. Ward Co. Barry M. Ward Co., LPA, an expert, professional Akron law firm with a successful track record in wrongful death cases besides personal injury, medical malpractice, auto injury, criminal defense and probate. They adhere to the uppermost standards of expert and lawful ethics and are dedicated to attain the best possible results for their clients.

Do I Need an Attorney If I've been Hurt in a Motorcycle Accident?

You are not the only one on the road while driving. Mishaps can happen any time without warning because there are other drivers too who are busy with their things as you are with yours on a daily basis. Most motorists are trying to beat the time while trying to reach a certain destination, which is when an accident may take place.

While visiting a doctor is what most people would do after such incidents, a lawyer should also be considered. A doctor can only give you proper medication and can offer necessary medical procedures, but they will not be able to help you when you will have to pay the hospital bills and their fees.

A lawyer on the other hand, can. A lawyer understands all the necessary procedures that the victim needs to go through and makes sure that the person who is responsible for injuries offers appropriate compensation that can cover the medical bills.

When you hire a lawyer, they file a lawsuit in court in order to register their demand for the damages caused by the accident. The court will then decide what needs to be done. In case you find yourself in such a situation and in order for the court proceedings to go in your favor, you will need to hire a lawyer who is experienced in dealing with motorcycle injury cases when you get into a motorcycle accident.

You will need to communicate with your lawyer and tell them exactly what you went through so that he can formulate a procedure that you need to follow in order to successfully get a compensation that you deserve. A good motorcycle injury lawyer will assist you till the case is resolved.

If you have been hurt in a motorcycle crash, seeking a motorcycle injury lawyer to file a proper motorcycle accident lawsuit is the first move that you should make. Barry M. Ward Co., LPA will help you find the right lawyer for your situation who will make sure that you get the compensation that you deserve from the people who are accountable for the accident.