Posts made in December 2015

Nursing Home Negligence, why is it on the rise?

Is the incidence of nursing home negligence growing?

The biggest reason people go from a regular home to an assisted living facilities isn’t because they want to play shuffleboard or have lunch with the neighbors – it’s because they need assistance from trained staff members to help take care of them. In many cases assisted living patient care, can lead to nursing home negligence and abuse.

So why so much Nursing Home Negligence and Abuse?

The problem we see with nursing home negligence and abuse is that far too many nursing homes have a lack of staff. These are private businesses trying to bring in a profit, which we accept and understand. Unfortunately, some of those nursing home corporations decide to increase their profits by cutting down on the number of staff members.

That is to say, some assisted living facilities don’t have enough people on hand to actually assist with everyone’s living! This leads to frail people trying to walk to the bathroom on their own without assistance and falling. It leads to people being left alone to stare at the walls all day. It leads to needless suffering, misery and even death. It leads to nursing home negligence and abuse lawsuits.

We take quality of life issues very seriously, and stamping out nursing home negligence is a crusade at Colucci, Colucci, Marcus & Flavin. If your loved one has been harmed by a negligent or understaffed nursing home, please give us a call.

The problems come from retirement homes where the staff has too much to do or little oversight. In those places, residents are left to fend for themselves half the time and become disengaged.

An effective nursing home has a full staff of eager, helpful and kind people who take an avid role in the care of your loved ones. They get involved, they interact, and this leads to a decrease in accidents and a better quality of life. That’s the kind of assisting people need.

Find out what you should watch for to see if your nursing home facility is up to par on nursing home standards! 

 

How 3D videos help us win cases

We’re a high-tech law firm. We love embracing new approaches to help our clients. For example, we have an impressive law library in the Milton office that is collecting dust because we find it so much more effective to use online databases.

When we’re representing someone who has been hurt in an accident, the details of the case can be complex and may be difficult for judges and other members of the court to understand. We want to make sure the narrative they receive isn’t just clear, but unmistakable.

With 3D Videos, we win cases!

That’s why we embrace the use of 3D videos to recreate what happened. After gathering all the facts with our relentless attention to detail, these 3D animated videos let anyone viewing them see just how egregious the behavior of the negligent party was in a way that mere words can not convey.

In some cases we’ve incorporated surveillance footage into the video presentation and use the CGI animated sections to flesh out the parts that aren’t captured, or when important details need to be seen from another angle.

We have some additional techniques that we use in the videos that no other firms are doing in the greater Boston area, but we don’t want to give away all of our secrets here. Give us a call at 617-698-6000 if you’d like to learn more.

The danger of modding an e-cigarette device

We’ve previously written about the design flaws in an e-cigarette device that can cause them to explode and harm users. On their own, these flaws can be standard product liability cases, where the companies that made and sold the products are liable for harm causes by the normal use of the product.

However, there is a subculture of e-cigarette device vape users who “mod” or modify their e-cig device. Most of those modifications are to allow the user to practice “sub ohm vaping,” where the device consumes the vaping chemicals at a faster pace, allowing the user to have larger volumes of vapor or vapor of a higher concentration.

Some of these modified devices have exploded, which may or may not mean the modder is the one responsible for the accident. It all depends on the details of the case.

e-cigarette device “modder”

While an automobile manufacturer could be sued for selling a car with a design flaw that leads to fires, the manufacturer would likely not be held liable if someone were to add aftermarket parts that ultimately cause the car to catch on fire or fail in some other way. In the same manner, it’s possible for an e-cig modder to make the device unstable and likely to explode or ignite.

However, that does not mean all mods eliminate responsibility from the manufacturers and sellers of the e-cig device. It’s possible that the modifications people made were minor or unrelated to the parts that caused the accident.

Modifications certainly can make it harder to prove a product liability case, but they need to be sorted out on a case by case basis. We’re happy to go over the details with you and help determine if you have a case if you call us at 617-698-6000.

The danger of E-cig explosions

The safety discussions about E-cigarette devices – a high-tech alternative to smoking that uses vapor instead of smoke – have been focused on the health risks of inhaling vapors or “vaping,” but there are a growing numbers of cases where people have been horribly injured by the e-cigarette devices themselves when they explode or burst into flames.

We’ll update this article if things change, but right now e-cigarette devices have little government oversight. The FDA is focused on the chemicals or “juice” that are used in vaping, but not on the e-cigarette devices themselves. The U.S. Consumer Product Safety Commission has declared that the devices are not under its jurisdiction.

That’s terrible news, because there’s a very simple hazard in e-cig devices that leads to explosions that has been identified by the U.S. Fire Administration. (1)

The e-cig devices have a lithium-ion battery that powers the device and can be recharged using a USB cable. Unfortunately, most people today have a collection of USB charging adapters kicking around, not knowing they provide different voltages and electrical currents.

If an e-cig device is plugged into a high-voltage adapter meant for another device, the lithium battery will get too strong a charge and can burst into flames or explode. A 2014 U.S. Fire Administration report found that 80% of e-cigarette fires and explosions happened while the device was plugged in. Of course, that means that the remaining 20% happened when the device was not plugged in, meaning there are other possible design flaws that can harm or even kill a user.

If you’ve encountered any issue with an e-cigarette device, please give us a call immediately at 617-698-6000 and we’ll let you know what your options and rights are.

  1. https://www.usfa.fema.gov/downloads/pdf/publications/electronic_cigarettes.pdf

 

What to prepare before calling a lawyer

No one expects to get hurt. When they are, they can be thrust into the unexpected situation of having to call a lawyer. They’ve already got a lot on their minds from dealing with the pain and fears of what will happen next. Not everyone knows how to prepare for that first case to make sure things move along as quickly as possible.

 

Your list of what to prepare before calling a personal injury lawyer

The most important thing for the attorney to know at the beginning is what are the basic facts.

They include:

How did the accident happen and what are the injuries?

What witnesses exist? How do we reach them?

What happened to you medically? Were you taken by ambulance, where did you go? What’s your understanding of your injury as it stands right now.

Do you remember exactly where you were when the accident happened, such as the name of a traffic intersection? In particularly, you will need the town or city so your attorney can get any police report on the incident.

If it’s convenient for you to get a copy of any police reports related to the case, gather them. If not, we’ll gather them for you.

Any further basic facts you have at the beginning will be helpful.

Do you have the name of your insurance company?

Has an insurance adjustor called and given you a claim number?

It would be extremely beneficial to have a copy of your insurance declarations page, or “Dec page.” That will tell you what your coverage is, such as if you have $20,000 of liability, $100,000 of liability or even more.

With that info in hand, your attorney will have a good start to helping you get your claim as fast as possible.

There are many types of nursing home abuse

When we put our loved ones in the care of a nursing home, we do so with the expectation that they will be given the utmost standard of care, and that their every need will be attended. Unfortunately, for one reason or another, this does not always happen. There are many things that can go wrong in a nursing home, and negligence at any stage can cause harm to the residents.

Obviously, the purpose of a nursing home is to provide residents with exceptional care, using a team of experienced, qualified staff members who are capable of providing this care using medical equipment and products designed to facilitate the care of the residents. However, any one of these facets of nursing home care could become an issue, which could affect the care that your loved one receives.

For example, if a nursing home is negligent in its hiring practices, then the staff members may not be able to provide adequate or necessary care to the residents. Being unable to administer an injection, for example, could cause your loved one to be injured or even killed depending on the circumstances. Additionally, negligence in properly maintaining equipment could cause a critical part of a patient’s care regimen to fail, leading to serious injury.

We all want what is best for our loved ones, which is why we place them in nursing homes in the first place. As we become unable to care for our loved ones, we entrust their well-being to others, but when they fail in their duty to provide adequate care, the consequences can become disastrous. If you live in Massachusetts, and your loved one has been injured while in the care of a nursing home, consider meeting with an attorney. You could be entitled to compensation.

Commercial Vehicle Accidents

If you or a loved one has suffered injuries due to a commercial vehicle accident in Massachusetts, you should carefully consider your next steps. You may be entitled to significant compensation. But the process of obtaining that compensation is not always easy.

Working with an aggressive attorney who won’t back down to insurance companies is key to seeking maximum compensation. At Colucci Colucci Marcus & Flavin, PC, we are committed to seeking results for you. To schedule a free consultation to discuss your legal options, please call us at (617) 698-6000.

We Stay Actively Involved In Your Case

We don’t just sit behind a desk and sign papers. We are a law firm that is very involved from the beginning of your case to the end. Here are just a few things that we routinely do in trucking and commercial vehicle accident cases:

  • We visit the scene of your accident
  • We take photos of the accident scene and any supporting evidence
  • We seek to obtain video surveillance of your accident from nearby security cameras

In short, we work very hard on your behalf, seeking evidence that can be used to support your claim and determine the party or parties responsible for your accident. Ultimately, our goal is to get maximum compensation and results for you.

Handling Insurance Issues On Your Behalf

Commercial vehicle insurance policies are complicated. If you have been injured, you need to work with an attorney who has experience disentangling commercial insurance coverage policies. Our law firm does, and we can take care of every insurance detail that you face.

We have a track record of success in motor vehicle accident cases. Although we cannot promise results in your commercial vehicle accident case, we do promise to work very aggressively on your behalf.

Need More Information? Contact Us For A Free Consultation.

If you wish to set up a time to speak with a personal injury lawyer, please complete our online contact form.

How polite drivers kill motorcyclists – disobeying traffic laws can cause injury & motorcycle deaths

A lot of people mean well when they’re behind behind the wheel. Some drivers will give up the right of way to another driver in a tough spot and usually everything turns out OK.

But not always, because sadly, sometimes this approach ends up hurting other people.

Being polite can cause motorcycle deaths & Injuries

Motorcycle deaths, massachusetts, motorcycle injuries MA

Motorcycles can be hard to see and offer no protection to their riders in an accident. Because of this, riders should avoid passing people on the right, especially trucks and other large vehicles that conceal them from other drivers.

However, even traveling in an otherwise empty traffic lane can be dangerous for a motorcyclist. Here’s a common scenario called a “wave on” that poses a large risk to motorcyclists.

Picture a two-lane road that comes to an intersection. A car is in the left lane and a truck is approaching them from the other way with a turn signal on. The car driver, being a polite person, stops and motions to the truck driver that they can make a left turn in front of them. They’ll wait. The truck drivers waves back and starts to make the turn…

And that’s when the crash happens.

The car driver never saw the motorcycle coming up behind them in the right lane, headed towards the same intersection. The truck driver couldn’t see the motorcycle because the car was in the way. Their attention was on each other, and the motorcyclist ended up paying dearly for the mistake.

Motorcycles are a fun, challenging and rewarding way to move around. They also require constant vigilance and knowledge to stay safe. Even when a motorcyclist is driving in a lane alone they are at the mercy of other drivers mistakes.

So please, to avoid motorcycle deaths and injuries, don’t be polite, just obey traffic laws