Would In-Room Cameras Stop Nursing Home Abuse?

Last December, a 29-year-old woman in a vegative state gave birth. The staff at the assisted living facility she had been living in since she was three years old didn’t even notice she was pregnant until they realized she was in labor. 

A nurse at the facility has was arrested and charged with sexual assault and vulnerable adult abuse, but many people with loved ones in assisted living facilities are not satisfied that this is a strong enough response. 

Patients rights advocates and families with loved ones in long-term care facilities are calling on states to adopt laws allowing patients and their families to install hidden cameras in their rooms so staff behavior can be monitored. The nursing home industry strongly objects to such schemes. 

Right now, Texas is one of ten states that has a law allowing video monitoring in some long-term care facilities. A 2013 law allows the state’s 13 intermediate care facilities, which serve nearly 3,000 patients with intellectual disabilities, to install and operate video surveillance equipment in common areas. Government officials say the cameras have both confirmed and cleared staff in allegations of abuse, neglect, or exploitation.

Whether this law should be expanded is up for debate. 

In some ways, in-room cameras would be like the dashboard cams that many Houston area drivers have installed in order to gather evidence in case of an auto accident. The footage often provides crucial evidence of fault, and can be used to identify hit and run drivers. It is there if you need it, but most of it goes unwatched. In-room cameras could work the same way. The patient or their family members could call up footage if they suspect something bad has happened. 

But having a camera in your car and being recorded in your home, 24 hours a day, 7 days a week, is pretty different. There are obviously privacy concerns, which are amplified by the fact that some patients are not be able to communicate their preferences on the topic. 

As a personal injury firm that handles a fair number of nursing home abuse cases, this is an issue we will continue to monitor. We are zealous advocates for our clients, and we always want to present the best evidence possible to hold the people who harm them accountable, but the right to privacy is also something we value. 

Over-Medicating Is Abuse

Human Rights Watch estimates that each week around 179,000 older people in nursing homes are given antipsychotic drugs without an appropriate diagnosis. This is a disturbing form of elder abuse that anyone with a loved one in a nursing home should be on the lookout for. As personal injury attorneys we are raising awareness of this type of elder abuse and the harm it causes. 

When we think of elder abuse, we often think of financial abuse or the type of physical abuse that leaves bruises and scars. But there are other forms of abuse out there, and over-medicating is one of them. In nursing homes across Texas, powerful medications developed to treat schizophrenia are being handed out like candy by staff members who value their sedative powers. 

These drugs are often given to dementia patients who the staff label “difficult.” This is unsurprising considering dementia is associated with agitation, irritability, aggressing, delusions, wandering, disinhibition, and anxiety. However, these powerful drugs have not been found effective at managing these symptoms. What they are good at is putting you into a stupor. 

One of the Human Rights Watch investigators who wrote the report referenced above spoke with the family of a woman with dementia who was given an antipsychotic drug every time she was scheduled for a bath (Monday, Wednesday, and Friday). Her sister complained that the drug didn’t just calm her down, it put her to sleep and caused her to miss lunch and dinner on those days. 

The sister had given her consent for staff to use the drug because she feared that her sister would not be bathed at all if the staff did not sedate her. However, once she saw how the drug impacted her sister, she asked the staff to stop giving it to her, fearing that she would starve to death. They only stopped when the woman was placed in hospice care. She died shortly thereafter. 

This is abuse. If someone you love is being given medication to calm them down, you need to investigate exactly what is going on and what alternatives are available. If you don’t know where to start, or the nursing home is at all resistant, don’t hesitate to contact an experienced personal injury attorney for assistance

If you live in the Houston area, the Sherman Law Firm team may be able to assist you. Our firm can help you get your hands on medical records, we can make sure your voice is heard by the nursing home administrators and staff, and if necessary we can file a lawsuit on your behalf or report the facility’s behavior to the appropriate authorities. 

Just because your loved one has dementia doesn’t mean his or her life is over. He or she should be treated with dignity and respect, not medicated until all he or she can do is sleep and drool. 

Dog Bites Are Serious

Houston has won another dubious honor. During Dog Bite Prevention Week, the United States Postal Service announced that more postal employees were attacked by dogs in Houston than in any other U.S. city in 2018. This may sound like the start to a bad joke, but it is a serious problem.

Texas leads the nation in dog bite fatalities and has a staggering number of bites per capita reported each year. This is a big deal because 1 in 5 people bitten by a dog require medical attention, and up to 18% of all dog bites become infected.

Be Prepared

If you are bitten by a dog, the federal Center for Disease Control (CDC) recommends you take the following steps:

Protect Yourself

  • Put your purse, bag, or jacket between you and the dog.
  • If you are knocked down, curl into a ball with your head tucked in and your hands over your ears and neck.

Wash Wounds with Soap and Water

When you get to a safe place, immediately wash wounds with soap and water. Seek medical attention, especially:

  • For minor wounds:
    • Wash the wound thoroughly with soap and water.
    • Apply an antibiotic cream.
    • Cover the wound with a clean bandage.
    • See a healthcare provider if the wound becomes red, painful, warm, or swollen; if you develop a fever; or if the dog that bit you was acting strangely.
  • For deep wounds:
    • Apply pressure with a clean, dry cloth to stop the bleeding.
    • If you cannot stop the bleeding or you feel faint or weak, call 911 or your local emergency medical services immediately.
    • See a healthcare provider as soon as possible.
  • See a healthcare provider:
    • If the wound is serious (uncontrolled bleeding, loss of function, extreme pain, muscle or bone exposure, etc.).
    • If the wound becomes red, painful, warm, or swollen, or if you develop a fever.
    • If you don’t know if the dog has been vaccinated against rabies.
    • If it has been more than 5 years since your last tetanus shot and the bite is deep.

Report the Bite

  • Because anyone who is bitten by a dog is at risk of getting rabies, consider contacting your local animal control agency or police department to report the incident, especially:
    • If you don’t know if the dog has been vaccinated against rabies.
    • If the dog appears sick or is acting strangely.
  • If possible, contact the owner and ensure the animal has a current rabies vaccination. You will need the rabies vaccine license number, name of the veterinarian who administered the vaccine, and the owner’s name, address, and phone number.

An Additional Step

We would add one additional step to this list — contact an attorney.

It’s Only A Bite, Why Involve An Attorney?

When a dog bite leads to a serious injury, it is perfectly acceptable to contact an attorney to help you make an insurance claim or file a lawsuit against the dog’s owner. Our firm has handled many dog bite cases, so we know what evidence will be needed to make a good case, and can help you estimate what sort of compensation you will need in order to recover from or live with your injuries.

Working with an experienced personal injury attorney can also ease the tension if the person who owns the dog that bit you is a family member, friend, or neighbor. We can advocate on your behalf so you can blame us if the other party gets upset with you.

The Cost Of Crashing

At the end of an exceptional series of articles in the Houston Chronicle on our area’s dangerous roads, there is a piece on the rising costs of car accidents. The last article tells the story of young man named David Jacob Anzaldua while slipping in details about the staggering cumulative costs of car accidents.

Million Dollar Man

The article focuses on David Jacob (D.J.) Anzaldua. The 19-year-old has racked up over $1 million in medical expenses since falling asleep at the wheel and crashing his truck just a few months before the article was written.

A couple of helicopter rides to various hospitals cost $135,000. His caretakers bought a $41,000 van to take him home and transport him to various appointments. A couple of infections sent him back to the hospital, and that cost $24,722. Each week his caretakers pay private nurses between $450 and $600 to look after him when they are unable to do so, or need help with specific tasks. The costs keep adding up.

D.J. is not the only person in this situation. “Factoring all economic losses — deaths, years of recovery and treatment from serious injuries, insurance, property damage and police time — the National Center for Statistics and Analysis set the annual national cost of roadway crashes at $242 billion, or 1.6 percent of the nation’s 2015 GDP.”

As a firm that works almost exclusively on personal injury cases we have grown numb to these numbers. No matter the amount, we know that is what our clients need to recover, to heal, to keep living their lives.

Whatever It Takes

These numbers are why we do whatever it takes to get our clients the compensation they deserve. It is a task that is getting more and more challenging. As the article in the Chronicle notes, there has been an 86% increase in the cost of crashes since 2007.

It is our job to ensure that the insurance companies and the justice system recognize the rising cost of healthcare and provide adequate compensation. The money you may be eligible for after an accident is supposed to compensate you for your injuries and put you in the position you would have been in if the accident had never occurred. As healthcare costs increase, compensation must keep pace.

If you have been injured in an accident, and you are worried about paying all of your medical bills, you need to talk to an experienced personal injury attorney. An attorney can help you gather the evidence you need to show your actual costs, and negotiate on your behalf with your insurance company or advocate on your behalf in the courtroom.

Having someone fighting for you, who you can lean on when the torrent of paperwork and bureaucratic hoops get to be too much is what you need so you can focus on healing.

Crane Collapse Highlights the Dark Side of the Construction Industry

The tragic crane collapse in Seattle that killed two workers and two pedestrians, is raising awareness of deadly construction accidents. It is a topic we all must pay more attention to as the construction season reaches its peak and the Houston real estate market remains hot. Construction accidents are incredibly common and incredibly dangerous.

Don’t Settle for Workers Comp

Many workers who are injured in a construction accident do not bother filing a personal injury lawsuit or even speaking with an attorney. They assume that the generous workers’ comp payments they are being offered are sufficient to compensate them for their injuries. This is a mistake.

Workers compensation benefits are great, but they are no substitute for full compensatory damages. There are many costs that workers comp simply won’t cover.

Speaking with an experienced personal injury attorney before you agree to any payout from workers comp — or any other settlement offer —  is a good idea. At our firm, we give injured workers a full explanation of all of their options. This allows potential clients to make an informed decision about what path forward they want to take.

When we have these conversations, we emphasize that there is no stupid question. It is not your job to understand the intricacies of the law. But it is our job to explain them to our clients so they can make informed decisions about their future.

Innocent Bystanders at Risk

Innocent bystanders who are injured in a construction accident should also speak with an experienced personal injury attorney once they are well enough to do so.

No matter who was at fault, there are going to be multiple insurance companies fighting about who is responsible for the accident, and arguing that it is not their job to pay. We step into these disputes on behalf of clients who simply want fair compensation for their injuries and assurances that steps will be taken so that no one else is injured in the future.

Thanks to the funny and heartfelt tv ads that so many insurance companies run, many of our clients believe that their insurance company is going to step up and take care of them when they are injured. The truth is insurance companies make money by denying claims and paying out as little as possible. We help our clients make sure their insurance company — and the companies that are covering the site, the workers, and the equipment — pay up.

Building a Case When an Accident Occurs

If you or a loved one has been injured in a construction accident in the Houston area, we are here to help. Whether you were a worker or an innocent bystander, we can help you figure out what your options are going forward. You should be compensated for your injuries so you can move on with your life.

Know The Signs Of Nursing Home Abuse

If you have a loved one living in a nursing home or other assisted living facility in the Houston area, it is important to know the signs of elder abuse and neglect. While most elder abuse is perpetrated by loved ones, the abuse that occurs in a facility that is supposed to be taking care of your loved one can be particularly bad.

What counts as abuse?

While some abuse is obvious — like physical abuse that causes bodily injury — other abuse is not as easy to spot. Some victims don’t even realize they are being abused. According to the federal Centers for Disease Control (CDC) the following are the most common forms of elder abuse:

Physical Abuse: the intentional use of physical force that results in acute or chronic illness, bodily injury, physical pain, functional impairment, distress, or death. Physical abuse may include, but is not limited to, violent acts such as striking (with or without an object or weapon), hitting, beating, scratching, biting, choking, suffocation, pushing, shoving, shaking, slapping, kicking, stomping, pinching, and burning.

Sexual Abuse or Abusive Sexual Contact: forced or unwanted sexual interaction (touching and non-touching acts) of any kind with an older adult. This may include forced or unwanted:

  • Completed or attempted contact between the penis and the vulva or the penis and the anus involving penetration
  • Contact between the mouth and the penis, vulva, or anus
  • Penetration of the anal or genital opening of another person by a hand, finger, or other objects
  • Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks

These acts also qualify as sexual abuse if they are committed against a person who is not competent to give informed approval.

Emotional or Psychological Abuse: verbal or nonverbal behavior that results in the infliction of anguish, mental pain, fear, or distress. Examples include behaviors intended to humiliate (e.g., calling names or insults), threaten (e.g., expressing an intent to initiate nursing home placement), isolate (e.g., seclusion from family or friends), or control (e.g., prohibiting or limiting access to transportation, telephone, money or other resources).

Neglect: failure by a caregiver or other responsible person to protect an elder from harm, or the failure to meet needs for essential medical care, nutrition, hydration, hygiene, clothing, basic activities of daily living or shelter, which results in serious risk of compromised health and safety. Examples include not providing adequate nutrition, hygiene, clothing, shelter, or access to necessary health care; or failure to prevent exposure to unsafe activities and environments.

Financial Abuse or Exploitation: the illegal, unauthorized, or improper use of an older individual’s resources by a caregiver or other person in a trusting relationship, for the benefit of someone other than the older individual. This includes depriving an older person of rightful access to, information about, or use of, personal benefits, resources, belongings, or assets. Examples include forgery, misuse or theft of money or possessions; use of coercion or deception to surrender finances or property; or improper use of guardianship or power of attorney.

Signs of Abuse

If you don’t catch an abuser in the act, how can you tell your loved one has been abused? You can obviously ask your loved one if something is wrong, but as we mentioned above, some victims don’t realize they are being abused. Others are embarrassed or afraid to speak up. So, the best thing to do is look for signs of abuse, and then investigate your suspicions.

Physical Signs of Abuse: Perhaps the easiest signs of abuse to spot are signs of physical abuse. Look for bruises and scrapes, torn or bloody clothes, and fear of normal physical contact.

Signs of Neglect: Uncleanliness, weight loss, and bed sores are the top indicators of neglect. These can also be signs of physical abuse.

Behavioral Changes: If your loved one suddenly starts acting differently, you should talk to them, the staff at the facility they are in, and their primary care provider. Since behavioral changes can also be a sign of a medical issue, it is an important indicator to act upon.

Financial Trouble: If your loved one is suddenly spending a lot of money, they may have been coerced or encouraged to do so by someone else. If cash, credit cards, or checkbooks go missing, don’t assume your loved one has simply forgotten where they are. If your loved one is being secretive or is suspicious of your meddling, you may also want to take a closer look at what is driving that behavior.

Trust Your Gut: If you feel like something is wrong, don’t dismiss your concerns. You know your loved ones better than anyone else. You should trust yourself to know when something bad is happening to them.

Reporting Abuse

If you believe your loved one is being abused or neglected by the facility they are living in, or by one of the people who work there, don’t hesitate to contact the Texas Department of Health and Human Services’ abuse hotline at 800-458-9858.

You may also want to reach out to an experienced personal injury attorney. Our firm has helped many families bring lawsuits against facilities and individuals that were abusing their loved ones.

Mother Files Wrongful Death Lawsuit Against “The Weather Channel”

A couple of years ago, three storm chasers were killed as a tornado touched down near the small town of Spur, Texas. However, the tornado was not the direct cause of the accident that took the lives of Kelley Williamson, Randall Yarnall, and Corbin Lee Jaeger. Jaeger’s mother is instead pointing the finger at Williamson and Yanall’s employer, The Weather Channel. She has filed a $125 million wrongful death lawsuit against the popular cable television channel.

A Dreadful Accident

Kelley Williamson, Randall Yarnall, and Corbin Lee Jaeger were all three storm chasers. Williamson and Yanall starred in a popular The Weather Channel (TWC) show called “Storm Wranglers,” which featured live-streaming video of the duo driving around in stormy weather to get footage of tornadoes. Jaeger was a certified storm spotter for the National Weather Service.

On March 28, 2017, Williamson and Yarnall were chasing an intense storm front across Texas. They were streaming live footage directly to TWC’s Facebook page when, according to police, they ran a stop sign on a country road and plowed into the car driven by Jaeger. All three men died instantly.

A Wrongful Death?

It is always tragic when a life is cut short, but in the legal world, some tragic deaths are also wrongful deaths. Under Texas law, a wrongful death is a death caused by the “wrongful act, neglect, carelessness, unskillfulness, or default” of another. The loved ones of someone who has suffered a wrongful death can seek compensation.

That is what is happening in this terribly sad storm chasing case. Jaeger’s mother has filed a $125 million wrongful death lawsuit against TWC and the estates of Williamson and Yarnall, alleging that Williamson and Yarnall behaved carelessly, and that the network knew or should have known that Williamson and Yarnall’s antics could cause a deadly accident.

“The Weather Channel had the opportunity to pull these two individuals off the road or hire a competent, law abiding driver,” the lawsuit states. “Instead, The Weather Channel made Williamson and Yarnall television stars, breaking laws, driving on private property, driving off road, in ditches, through hail storms, driving the wrong way on freeway ramps, on the wrong side of the roadway, through red lights and stop signs, all to increase the sense of danger to their television audience and sell advertising and have a hit show.”

Not A Laughing Matter

People are scoffing at the fact that a television channel is being sued for causing a car accident, but this is not a laughing matter. When an employer knew or should have known that its employees were breaking the law or acting carelessly, and failed to put a stop to that behavior, it is just as at fault as the employees who acted poorly.

Our firm has handled many cases where an employer or other third party was held partially responsible for a wrongful death because they failed to stop others from acting dangerously. Lawsuits like this are how we enforce societal norms and force organizations to take responsibility for their own actions, and the actions of their employees.

Spring Is In The Air, And Motorcycles Are Back On The Roadways

According to the latest data from the Texas Department of Transportation, 501 motorcyclists were killed on our state’s roads in just a one year period. That same year, an additional 2,101 motorcyclists are suspected to have suffered a serious injury. These numbers are shockingly high because too few other drivers look out for motorcyclists and drive carefully around them.

Look Twice for Motorcycles

Thanks to the many Houston-area motorcycle accident victims we have represented over the years, the attorneys at our firm have gone from thinking that motorcyclists must be reckless drivers, to realizing most motorcycle accidents are actually caused other drivers who are not safely sharing the road.

The TxDOT’s statewide “Share the Road: Look Twice for Motorcycles” motorcycle safety and public awareness campaign has some good tips that those of us who are not on bikes should follow in order to avoid causing a motorcycle accident:

  • Look twice for motorcycles, especially at intersections.
  • Always assume motorcycles are closer than they appear to be, and avoid turning in front of an oncoming motorcycle.
  • Use your turn signals and check your blind spot before changing lanes.
  • Don’t follow a motorcycle too closely.
  • Give motorcyclists a full lane.
  • Obey posted speed limits.

By following these simple, safe-driving tips, you will become a better driver, and you just might save a biker’s life.

Accidents Happen

Unfortunately, accidents happen even when everyone on the road is being careful. If you or someone you love was injured while driving or riding on a motorcycle, you should contact an experienced personal injury attorney as soon as possible.

Talking with your insurance company may make you think that you will not be able to get any help paying for your medical expenses or fixing your bike, but that is not true. You may be able to get compensation from another driver, from the government entity responsible for road maintenance, or even from the manufacturer of your bike. The only way to know if it might be worth filing a lawsuit over your accident is to speak with an experienced attorney who can evaluate your case and advise you of your options.

I Wrecked My Friend’s Car. Now What?

Your friend did you a favor and let you borrow their car. And because no good deed goes unpunished, you wrecked the car. What happens next? Below is a timeline that covers that basic things that happen if you have been in a car accident while driving someone else’s car.

First Things First

If you are still at the scene of the accident, the first thing you need to do is call the police and file an accident report. The police report can provide important evidence that will be used to determine how the accident occured, who was at fault, and what damage was caused.

You should then notify your friend, and seek medical treatment. It’s up to you which call you want to make first. Your friend is going to have information about the car and his or her insurance policy that the police, and you, are going to need. But if you are seriously injured, you should seek treatment before worrying about gathering insurance information.

If you do seek medical treatment, be sure to follow the doctor’s advice so your injuries do not get worse than they already are. Go to follow-up appointments, and if the doctor recommends it, physical therapy. Avoiding the doctor, is not a good idea if you have been in an accident, even if you are worried about who will end up paying the bills.

Into The Insurance Quagmire

In most accidents, there are four different things to worry about — your own injuries, the injuries other people suffer, damage to the car you were driving, and damage to the other cars or property involved in the accident. This means you are going to be negotiating with your insurance company, your friend’s insurance company, and the other driver or drivers’ insurance companies, all at the same time.

Your injuries will be probably be covered by your own insurance, but may also be covered by your friend’s insurance and the other driver’s insurance. Damage to your friend’s car will be covered by your friend’s insurance and maybe the other driver’s insurance. The other driver’s injuries and car damage will be covered by their own insurance, and maybe your insurance and your friend’s insurance. It’s a tangled web of claims and cross claims.That’s where we come in.

It’s What We Do

One of the main things our firm does is negotiate with and sue insurance companies. There is a common misconception, which is perpetuated by insurance companies, that your insurance company will look after you if you are injured in a car accident. The truth is, the only person the insurance company is looking after is itself. It will fight tooth and nail to minimize the money it has to pay out to you, or on your behalf.

Our firm will fight to get you the compensation you deserve, no matter who was at fault. Depending on the circumstances, we many also be able to represent your friend, but usually we recommend that each person hire their own, separate attorney.

If you would like advice about what to do after you wrecked a friend’s car, or a friend wrecked your car, our experienced attorneys are here to help. Please contact our Houston-based office to schedule a free initial consultation.

The Deadly Task We Do Every Day

A Houston Chronicle analysis of 16 years of federal highway data reveals our fair city is the most deadly major metro area in the nation for drivers, passengers and people in their path. An in-depth series titled “Out of Control” reveals some startling facts about the risks we take each time we get into a car — or walk or bike — near a roadway in the Houston area.

Startling Statistics

According to the report, which compiled data from the National Highway Traffic Safety Administration, the Houston metro area, which includes Austin, Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery and Waller counties, “leads the nation for fatal crashes involving drugs and alcohol… It’s No. 2 for fatal crashes, per capita, on federal highways… [It] ranks second for fatal wrecks that involve speeding and also trails only Dallas in crashes blamed on someone slamming into stopped congestion on the freeway.”

On average, 640 people a year die on Houston-area roads, and 2,850 more are seriously injured. Most of these people are injured while traveling in a vehicle, but a unsettling number of these victims are pedestrians or cyclists.

The Chronicle points out that, “the death toll is the equivalent of three fully-loaded 737s crashing each year at Houston’s airports, killing all aboard. Losing that many planes and passengers would lead to federal hearings, but the Houston roadway deaths are met largely with silence, other than the occasional warning from public safety officials to drive safely and be careful crossing the street.”

Shocking But Not Surprising

Seeing these statistics, and thinking about car crashes compared to airplane crashes is shocking. It really makes you wonder what sort of risks we are all taking as we travel home from work, make a quick trip to the store, or run our kids to their various after-school activities.

Unfortunately, for those of us in the legal profession, the data may be shocking, but it is not surprising. Although we are not out there on the front lines like our city’s brave police officers and EMT’s, we deal with the carnage and the horror every day.

As a firm that focuses on personal injury lawsuits, we represent people who have been involved with car accidents all the time. We know Houston roads are dangerous. You don’t have to tell us that people drive too fast and traffic is bad. We see first hand what happens when someone gets behind the wheel after taking drugs or having a few too many drinks. And don’t get us started on lax enforcement, particularly of distracted driving laws.

It is time to make some changes and make our city’s roads safer. We hope this series of articles in the Chronicle opens people’s eyes to the horrors on our highways. In the meantime, we will keep fighting on behalf of the victims of the accidents. They deserve justice, and we all deserve saver roadways.