Wrongful Death

The California Department of Public Health has slapped a $100,000 fine on a care facility in Daly City for nursing home neglect. According to a news report in The Associated Press, Seton Medical Center is facing the most severe penalty allowed under state law in connection with the death of an 81-year-old woman. Officials say, a nurse at the facility left the cap on a breathing tube that was inserted into the woman’s trachea. The woman suffocated and died. State officials said the nursing home received the maximum penalty because it did not have a policy in place for properly inserting the device, which is known as a “T-piece.”

I offer my deepest sympathies to the family members of this elderly patient who died as a result of negligence. They will be in my thoughts and prayers.

Serious Deficiencies in Nursing Homes

More than 1.5 million people live in nursing homes nationwide. That number has only been increasing and is expected to go up in the coming years. According to the Government Accountability Office, about one-fifth of nursing homes in the nation were cited for serious deficiencies – those that jeopardized the life of the patient – in 2008. The GAO report cited poor quality of care such as worsening pressure sores or untreated weight loss in a high number of nursing homes. These deficiencies, the report stated, puts nursing home residents in “immediate jeopardy,” which means that they are at risk of death or serious injury.

Failure to Meet Standards

Nursing homes are required to meet federal standards as a condition of participating in Medicare and Medicaid, which cover more than two-thirds of their residents at a cost of more than $75 billion a year. In this particular case, the nursing home in Daly City seems to have committed a fatal error because they did not have a policy in place when it came to inserting a T-piece.

A number of incidents involving nursing home neglect or nursing home abuse occur due to understaffing in nursing homes. When care facilities hire fewer staff and keep untrained or unqualified personnel on staff, because they are cheaper, and overwork them, it creates an environment that is ripe for abuse and neglect. Such situations stem from nursing homes putting profits ahead of the people they are supposed to serve.

Compensation for Victims’ Families

A family that has lost a loved one as a result of nursing home neglect can file a wrongful death claim against the at-fault facility. Victims’ families in such cases would be well advised to contact an experienced California personal injury lawyer, who has experience successfully handling similar cases and holding nursing homes accountable for their wrongdoing. The best nursing home abuse law firms always offer a free consultation and comprehensive case evaluation to victims or their families.

February 2, 2012—Berkeley, CA—an 18-year-old skateboarder died after a serious car accident in which he was struck by a vehicle on January 31.

Tyler DeMartini, of Berkeley, was riding a skateboard on Marin Avenue when a 54-year-old Berkeley man, operating a Toyota Prius, struck him as the car attempted to turn left onto Tulare Avenue.

DeMartini was taken to a local trauma center where efforts were made to save him, but he succumbed to his injuries on Wednesday.  Police say that the driver, whose name has not been released, cooperated fully with police and did not appear to be intoxicated.

I want to express my heartfelt condolences to the family and friends of Mr. DeMartini on this tragic accident.

Accident Statistics

According to the National Safety Council, more than 50,000 people are treated for skateboard-related injuries every year, not including accidents involving motorized skateboards and inline skates.  While the most common injuries are abrasions to the hands, arms, and legs, head and neck injuries are not uncommon.  The American Academy of Pediatrics has stated that children under five should not be using skateboards at all, and those between six and ten should only use them under close adult supervision.

The National Safety Council also recommends the use of protective gear when operating a skateboard.

What Happened In This Accident

Unfortunately, it does not appear that safety gear would have made a tremendous difference in the outcome of this car accident, which could actually be classified as a pedestrian/motor vehicle collision as well.  The circumstances under which Mr. DeMartini was hit are still under investigation, but drivers usually have a duty to allow pedestrians, bicyclists, and skateboarders to take the right of way in any situation, and the responsibility falls on the driver of the car to avoid hitting them.  In this case, the car did not yield the right of way to the skateboarder, regardless of the circumstances which led up to the accident.

Liability Issues

While the investigation is still ongoing, it is likely that the driver of the car will find himself with liability issues regarding this accident.  As the accident involved the death of a young person, that liability could be significant.  In a case such as this, where there was apparently no illegal activity such as drinking and driving, liability can still be an issue for a driver who fails to yield the right of way.  Hopefully a professional personal injury attorney will examine the facts and make a determination about the damages which should be awarded in this case.

Jorene Ypanto Nicolas, 29, of San Diego has been arrested in connection with an Orange County car accident, which killed 23-year-old Deanna Mauer. According to a news report in The Orange County Register, prosecutors say Nicolas was distracted or inattentive at the time of the April 27, 2011 accident, which caused Mauer's death. Nicolas rammed Mauer's car from behind at 80 mph. Officials say they don't have evidence that Nicolas was using a cell phone when she caused the rear-end collision.

But they say it is clear that she was distracted because traffic on the northbound 405 Freeway near Edwards Street in Fountain Valley had stopped for several seconds. Nicolas did not even slow down or attempt to hit the brakes before slamming into Mauer's Hyundai sedan. Nicolas has been charged with one count of felony vehicular manslaughter with gross negligence in connection with this Fountain Valley car accident. She faces up to six years in state prison if convicted.

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Eric Ford, 21, was killed in a Buena Park car accident when a vehicle struck him as he crossed the street. According to a news release made available on the Orange County Coroner's web site, the fatal pedestrian accident occurred on Beach Boulevard near Crescent Avenue in Buena Park, the afternoon of January 21, 2012. It is not clear how the accident occurred or who was at fault. Ford succumbed to his injuries on January 23, 2012. The news account does not specify if the driver was responsible for the crash.

My heart goes out to the family and friends of Eric Ford for their terrible loss. Please keep them in your thoughts and prayers.

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Evert Walker, 24, of Lake Forest, was killed in an Orange County car accident after he lost control of his vehicle and crashed. According to a news report in The Orange County Register, the fatal car accident occurred early morning on January 14, 2012 on the 73 Toll Road in San Juan Capistrano. California Highway Patrol officials say Walker's Dodge Dakota veered to the left of the roadway, crashed into a guardrail and a raised concrete pole base, before catching fire. Officials are still looking into the cause of this fatal crash. Anyone with information is asked to contact CHP officials at 949-487-4000.

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Anaheim wrongful death attorneys don’t have the best reputation; they are personal injury lawyers, and some people feel that it is a less than honorable profession. The attorneys at Bisnar and Chase work to contradict stereotypes placed on what they do on a daily basis, contributing their own time and money to help those who are less fortunate in the community. Not only do our attorneys participate, but our entire staff enjoys spending our time contributing to community fundraising events and group donations.

At Bisnar and Chase we are treated well and enjoy a high standard of living. Bisnar and Chase partners, John Bisnar and Brian Chase, have instilled a passion for community outreach in all of us and we work together to share our blessings with those who are less fortunate. Read the rest »

Alfonso Guzman and Guillermina Millan-Guadarrama, both 37, were killed in a Santa Ana car accident, which officials say also seriously injured the woman's three children. According to a news report in The Orange County Register, the fatal crash occurred the night of January 1, 2012. Guzman who was driving a sedan carrying the four passengers, was apparently traveling at speeds of up to 80 mph near West 5th Street and English Street.

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Miguel Melchor, 21, was killed in a Riverside car accident which officials say, involved a drunk driver. According to a news article in The Press-Enterprise, the fatal DUI crash occurred at the intersection of Rancho California Road and Meadows Parkway in Temecula, the night of December 24 2011. Officials report the driver of a white Toyota Tacoma pickup was under the influence of alcohol when he drove through a red light and collided with a Toyota Tundra pickup. Melchor was pronounced dead at a nearby medical center and three others were hospitalized with injuries.

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A 17-year-old boy was killed in a San Diego car accident after being struck by a car as he crossed the street. According to a news report in The San Diego Union-Tribune, the fatal pedestrian accident occurred in the 1200 block of Jamacha Road near Kendrick Way in El Cajon the evening of December 21, 2011. Officials say the teenager was crossing the road while carrying a skateboard when a Nissan Sentra hit him. The victim died at the scene. The 20-year-old driver remained at the crash site. It is unclear if the motorist will be charged in the fatal collision. El Cajon police say the skateboarder is the third pedestrian killed in the area just in the last few months.

I offer my deepest sympathies to the family members and friends of this car accident victim. Please keep them in your thoughts and prayers.

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Two Orange County nursing homes are facing fines over allegations of nursing home neglect in connection with the deaths of two patients. According to a news report in The Orange County Register, Newport Nursing and Rehabilitation Center in Newport Beach was fined $100,000 after a patient fell while left unattended to use the bathroom. Emeritus Nursing Home in Yorba Linda was fined $90,000 after an unsupervised patient choked on a piece of meat. In both cases, the California Department of Public Health officials said, the patients received "inadequate care." Both facilities received the most serious citations allowed under state law.

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