The Johnson Law Firm, LLC

Saint Peters Legal Blog

Nursing home abuse and other violations plague Missouri facility

Family members in Missouri who make the difficult decision to place an elderly or ill loved one in a nursing home do so after serious thought and consideration. Determining if it is the right step, which facility will give the best care and whether there are concerns to address are all part of the process. When there is a belief that a loved one living in a facility is being mistreated or there is clear evidence of it, families are warranted in taking the necessary steps to consider a legal filing to be compensated.

A nursing home that has been plagued by concerns about its treatment of residents and patients is now being penalized. After reports of issues came to light earlier this year, a growing number of patients and family members are complaining. As part of its investigation, state regulators have discovered other problems at the facility.

Research shows motor vehicle accidents spike in August

Missouri drivers who take to the road are unlikely to think about statistics of when it is the most dangerous time to be a motorist. There are certain times of day when common sense indicates it might be riskier than others, but these beliefs tend to be disproven by facts. One example is the frequency of motor vehicle crashes tending to spike in August. People might raise an eyebrow at the information, but researchers from the Insurance Institute for Highway Safety say that August is the month one is most likely to be in a fatal car accident.

In its study, the IIHS found that there are more than 15,900 deaths in crashes between 2012 and 2016 in August of those years. Other information showed that there were just short of 61,000 accidents in August 2016. This is higher than any single month in the time during which they accrued their numbers. Factors that were used to assess the danger of drivers being in a crash included the tendency to slam hard on the brake, sudden increases in speed and road congestion.

3 reasons you are likely drunker than you think

Going out, drinking a few drinks and having fun is enjoyable. Whether you are unwinding with a beer after a long day at work or sipping cocktails to celebrate a special event, you may or may not intend to get fully drunk. Regardless of whether it is your intention, though, there is a good chance you will end up at least tipsy. If your blood alcohol level exceeds the legal limit, you need to get a driver. 

It can be difficult to determine when this happens, though, because people are often more inebriated than they realize. If you just assume you are okay to drive after drinking, you could easily end up with a DUI. Consider the following reasons why it is possible that you are drunker than you realize.

Mothers' injuries and wrongful death during birth rising in U.S.

Missourians who are preparing for the birth of a child will generally expect that the United States is the place to be to have a safe delivery, and they will not need to worry about injury or death to the child or mother. Since the U.S. is viewed as having state of the art medicine, this is an understandable belief. However, troubling research by USA Today says that among developed nations in the world, the U.S. is the riskiest nation to have a baby. This should be a concern to everyone, and those who have had a baby and experienced complications that caused injury or death should be aware of their right to seek compensation in a legal filing.

The report says that an estimated 50,000 mothers are seriously injured and 700 die after giving birth. More worrisome is that the numbers seem to be getting worse. From 1990 to 2015, there was an increase in maternal fatalities per 100,000 births from 18 to slightly more than 26. The numbers in other developed nations Canada, England and Germany are fewer than 10 for every 100,000. In those countries, the numbers are even improving.

Car's failure to yield leads to fatal motorcycle crash

Motorcycles are such a common sight in Saint Peters and throughout Missouri that it is easy to come to the assumption that all drivers of conventional vehicles will pay attention to them, share the road and ensure that everyone is safe. With every motorcycle crash, however, the reality that such a belief is mistaken becomes clearer and clearer. Motorcyclists are prone to serious injuries and death when they are in an auto accident. For those who were hurt and families who lost a loved one in a motorcycle crash, a lawsuit is frequently the only way to receive adequate compensation.

Based on recent reports, a man, 24, was riding a motorcycle when he collided with a car. The accident happened not long after midnight at an intersection. A Chevrolet Impala was making a right turn and went into the motorcyclist's path. The motorcycle crashed into the car. The rider was declared dead at the site of the crash, and the driver of the automobile suffered minor injuries. The investigation into the crash continues.

Survey: Parents admit to texting and driving with kids in car

Missourians are fully aware of the dangers out on the road. One of the biggest issues is distracted driving. The scope of the problem has led to law enforcement and legislators trying to make the roads safer through enforcement and laws against the practice. Researchers are also trying to discern how and why drivers - who are undoubtedly knowledgeable as to the dangers of distracted driving - continue to do it.

One study shows that an unexpected demographic is engaging in distracting activities when behind the wheel: parents with children in the vehicle. Understanding this issue is important when there is a crash as it can yield valuable information when considering a lawsuit.

Nursing home neglect might be due to lack of staffing

For Missouri families that place their elderly or ill loved one in a nursing home, there is an inevitable concern that the treatment will not be sufficient to provide them proper care. Often, that worry stems from the possibility that nursing home abuse or neglect will take place. One issue that is rarely considered is that the facility itself will not be adequately staffed. The failure to have enough people to care for the residents can cause major problems with their health and well-being.

It is coming to light that most nursing homes do not have the number of staff they purported to have. This can lead to residents not being watched and not provided with their medication and the care they need to remain safe and healthy. Federal statistics show that nursing homes have not had the number of staff that it was reporting to the federal government. There were inconsistencies in the workers who were at these facilities day to day. For days that were considered the worst, people were taking care of close to twice as many people as they were when the staff was at its maximum.

Infotainment systems carry distracted driver risks

In Missouri and across the nation, distracted driving is a dangerous behavior that is the catalyst for a litany of auto accidents, injuries and loss of life. While drivers, law enforcement and legislators are cognizant of the issue and are taking steps to mitigate, reduce and stop it, it is unavoidable that drivers will be distracted. How they are distracted is also expanding from people using their smartphones to eating. This must be considered when there is an auto accident and the investigation is seeking to determine if distracted driving was a cause.

A study from the AAA Foundation for Traffic Safety indicates that infotainment systems are leading to people becoming a distracted driver. In the study, different kinds of infotainment systems were examined to determine the level of distraction while using them. Google's Android Auto and Apple CarPlay were not as distracting as systems that were installed by the car manufacturer. That, however, does not imply that using these systems is safe just because one type is safer than the other. All types make it risky when using them while driving.

Focus on elder abuse meant to shine light on the problem

With the passage of time, Missourians will inevitably experience the increasing need to care for elderly loved ones. Some will care for their elderly relatives themselves; some will hire a person to come to the home; while others will need to place the elderly person in a facility so professional care can be given. It is an unfortunate reality, however, that elder abuse is growing more and more common. Knowing what steps to take when there is a belief that this is happening is critical.

In an effort to highlight the issue and find strategies to recognize and stop it, World Elder Abuse Awareness Day was held in mid-June. Although most people who care for elderly people will do so with kindness and understanding, there will still be incidents of abuse. This comes about in a variety of ways, and it is important to recognize when it might be occurring.

Understanding Missouri’s new expungement laws

As of Jan. 1, 2018, Missouri’s new expungement laws went into effect. If you have a criminal conviction on your record, this new law may be just what you need to get that conviction expunged. If you are successful in your expungement attempt, not only does your conviction disappear from your record, you also have the legal right to say that you never received a conviction for the expunged crime(s).

In repealing Sections 488.650 and 610.140 of the Revised Statutes of Missouri and enacting new expungement laws in their place, the Missouri Legislature, however, not only substantially expanded the list of expungement-eligible crimes to about 1,900, it also added approximately 90 expungement-ineligible crimes. Consequently, the new laws are a double-edged sword depending on precisely what convictions you seek to expunge from your record.

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The Johnson Law Firm, LLC

220 Salt Lick Road
Saint Peters, MO 63376

Toll Free: 877-244-1187
Phone: 636-614-1785
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