San Francisco Injury Lawyer Blog

Study Finds For-Profit Nursing Homes and Other Healthcare Facilities Place Money Above Care

January 2, 2013 | Gregory J. Brod

All too often in our world money trumps morals. One arena in which this problem is particularly pronounced is the nursing home industry. As a San Francisco elder law attorney, Greg Brod helps victims of nursing home neglect and other mistreatment. These abuses often coexist with Medicare overbilling, a problem discussed in a recent Bloomberg report carried by the San Francisco Chronicle.

Article Ties Overbilling and Profit Motives to Elder Neglect

Bloomberg’s research delved deeper into a November report in which federal health care inspectors concluded the nursing home industry overbills Medicare to the tune of $1.5 billion (yes, with a “b”) annually for treatments patients either don’t need or never actually receive. The further study focused on profit motives, noting that investigators deemed thirty percent of reviewed studied claims from for-profit facilities improper, compared to a significantly smaller (though still too high) twelve percent from non-profit homes. At least six other studies undertaken by government and academic bodies in the past three years reached similar conclusions, finding that the rise in the number of for-profit providers is leading to waste and fraud. Likewise, this profit-driven culture is fueling patient harm.

Before the Countdown: Staying Safe and Preventing Drunk Driving Accidents this New Year

December 31, 2012 | Gregory J. Brod

Perhaps it is a bit cliché to discuss the dangers of drinking and driving on New Years’ Eve. In a perfect world, there’d be no need for such a reminder because people would put safety first and would never step behind the wheel after drinking. In this perfect world, our San Francisco injury law firm would not see the innocent victims who are facing serious, lifelong injuries because of a drunk driver. There would be no need for us to help grieving family members because their loved one would be alive and well if the drunk driver had handed over the keys. Sadly, ours is not this ideal world. While New Years’ Eve is not the most dangerous holiday for U.S. drivers, Thanksgiving actually holds that distinction, it is still a night associated with late-night parties and overindulgence in alcohol. So, in this imperfect world, it is still important to discuss the dangers of drunk driving before the festivities begin.

Drunk driving is not a new topic for this blog. With this post, we hoped to find just the right piece of information to convince even just one person to decide not to mix alcohol and driving. The boldfaced statistics below are from Mothers Against Drunk Driving, we’ve added a bit of additional thoughts from our perspective as a law firm for drunk driving victims:

• Twenty-seven people die in the U.S. every day as a result of drunk driving accidents. Car collisions are the leading cause of death among U.S. teenagers, with 1/3 of those accidents involving alcohol.

Article Calls Attention to Danger to Cyclists on Valencia Street

December 28, 2012 | Gregory J. Brod

As a member and supporter of the San Francisco Bicycle Coalition, Attorney Greg Brod applauds those who make a commitment to commuting by bike. Our San Francisco bicycle accident attorney believes that Northern California must keep our region safe and accessible for people who opt to make their commutes healthy, inexpensive, and environmentally friendly by traveling on two wheels instead of four. Safety efforts at all levels, from lawmakers to individual drivers, are vital to decreasing the number of bicycle accidents. Even the most cautious rider is at risk on the road, and a single-inattentive driver can take, or forever alter, a life.

Roadway Designed to Be Bicycle-Friendly Poses Numerous Threats to Bicycle Commuters

Sadly, as a report in the San Francisco Chronicle notes bicycle commuters often find themselves at war with auto traffic. This threat is pronounced on Valencia Street where cars are known to dart across the dedicated bike lane to grab a parking spot, forcing a rider to swerve into active traffic lanes.

“Move Over”: The Danger of a Second Crash in the Wake of a Roadway Accident

December 26, 2012 | Gregory J. Brod

Imagine you’ve been in an accident. You are likely frightened, a bit disoriented, and possibly in a great deal of pain. You wait. You feel a sense of relief when ambulance and police officials arrive on the scene, knowing that these emergency responders are trained and have come to help. You know there may be a journey of physical recovery and financial matters to come, but at least the accident itself is behind you. And then imagine, just as the responders begin to help you and the others involved in the incident, another vehicle comes crashing into the scene and it feels like the nightmare starts over again.

Officer and Civilians Injured When Car Crashes Into Accident Scene

Sadly, despite “move over laws” and other provisions aimed at keeping accident scenes from further harm, our Sacramento accident lawyer knows that crash sites all too often become the scene of a second accident. The Sacramento Bee reported on one such incident earlier this week in Moreno Valley. At around 8 A.M. on Monday December 24, emergency officials responded to an accident on State Route 80. According to CHP spokesman Steve Carapia, another vehicle crashed into a responding ambulance which then hit a police officer and another individual. The officer suffered moderate injuries. The other individual struck by the ambulance and the driver of the vehicle involved in the latter crash suffered major injuries. The Bee did not identify the cause of either crash, but several other news sources suggest the initial accident involved a single car that spun out and that the second driver lost control of her vehicle before careening into the accident scene while authorities were working to extricate the first driver from the wrecked vehicle.

A Website Aimed at Preventing Elder Abuse and Helping the Victims

December 24, 2012 | Gregory J. Brod

With the holidays upon us and with the tragedy in Connecticut still fresh in our minds and our hearts, many people are holding tight to the core values of family and community. Along with thinking about the joy and beauty of youth, many are also visiting with older family members and friends, embracing traditions and the knowledge that comes with age. Our San Francisco elder law team believes in protecting the elderly and in supporting efforts to combat the alarming epidemic elder abuse.

The Upsetting Numbers: One in Ten Seniors Report Occurrence of Elder Abuse

An article in the San Francisco Chronicle contains an appalling figure – there were almost six million reported cases of elder abuse in our nation in the year 2010 alone. This number, reported by the National Center on Elder Abuse (“NCEA”), means that nearly one in ten American seniors reported some form of abuse. While this seems high, it is actually likely that the figure is even higher since many victims do not report the problem because they fear some form of retaliation. Reporting can be especially difficult in cases of abuse by a family member, a significant issue given that the NCEA study found 68% of elder abuse cases involved abuse by a family member of loved one

Toxic Tort Case Study: Increased Risk of Some Cancers in 9/11 Responders

December 21, 2012 | Gregory J. Brod

Our San Francisco toxic tort law firm represents people who suffer serious illness as a result of exposure to chemicals or other toxins. Toxic tort cases are often complicated by the fact that many illnesses do not develop until several years after exposure. We follow exposure-related sicknesses from across the country, and even across the globe, so that we can help our California clients develop evidence to support their legal claims in our state and federal courts.

Researchers Find Increased Rate of Certain Cancers in World Trade Center Firefighters

A newly released study, discussed in an article in U.S. News & World Report, suggests an increased rate of several cancers among the first responder to the terrorist attacks on the World Trade Center. Researchers at the New York City Department of Health found a forty percent increase in the rate of prostate cancer among the 9,853 firefighters working for the New York Fire Department. The group also suffered from thyroid cancers twice as frequently as occurred in the general population. Additionally, seven of the firefighters developed multiple myeloma, as opposed to the two cases that would be expected in a group of that size.

San Francisco Catastrophic Accident Lawyer Comments Following Fatal Motorcycle Crash

December 19, 2012 | Gregory J. Brod

Motorcycle riding is both a hobby and a passion for many Californians. Riders enjoy temperate weather allowing them to ride for both recreation and transportation for much of the year. This also means that the danger of motorcycle accidents is a year-round reality. Even riders who know the importance of safety can find that a ride can turn from fun to tragic in mere moments. Our San Francisco motorcycle accident law firm has experience representing seriously injured riders as well as the families of those who lose their lives in motorcycle crashes.

Terrifying Motorcycle Accident Claims Life of Off-Duty CHP Officer

A report in the San Francisco Chronicle gives a glimpse into the terrifying crash that claimed the life of a California Highway Patrol officer last Friday. The officer, who served Solano County, was riding westbound on an area of Highway 12 known for being a hazardous stretch of road. Shortly before 6 P.M., a Toyota truck travelling eastbound made a left turn towards a driveway near Red Top Road. As the driver crossed the first westbound lane and began to enter the second, he spotted the oncoming motorcycle. According to the driver, he tried to accelerate to get out of the way but was unable to do so in time. The motorcycle clipped the rear of the Toyota, causing the rider to be ejected from the bike. As the first collision occurred, a Honda CRV sports utility vehicle travelling eastbound approached the location. The oncoming driver saw two “unknown objects” moving rapidly towards him. He missed the first, the motorcycle itself, but was unable to avoid the second and the rider struck the SUV.

The Hazard of Dangerous or Defective Toys in the Season of Giving

December 17, 2012 | Gregory J. Brod

Soon wrapping paper will litter the floor as children and adults alike begin to enjoy the new gifts they have received this holiday season. It is a great moment of happiness, and togetherness as individuals experience the joy of giving and receiving and it is a great memory that is best left unmarred by hazardous incidents that can easily be avoided.

Several weeks ago, our personal blog released a posting reminding consumers about potential hazards to look out for when purchasing presents. In the busyness of the holiday season, it is easy to overlook simple things such as warning labels in determining the appropriateness of gifts. However, if gifts are not age appropriate or potentially dangerous, they may result in safety risks to a most loved but vulnerable group, children. Thus, before the purchase is made, and even for purchases already made, be sure to use your judgment and check if the gift is really appropriate in order to prevent injuries. So here again are some tips to help you in this process.

• Read warning labels carefully • Consider the age, interest and skills of gift recipients • Avoid toys with sharp edges and points • Check to see if toys are potential choking hazards • Avoid gifts containing high powered magnets
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The US Consumer Product Safety Commission reports that an estimated 195,200 toy related injuries resulted in hospital visits in the year 2011 with 19 instances that led to death. Though The CPSC and Customs and Border Protection do a very good job of reviewing the toys that are put on shelves, unexpected issues may still arise. Examples of this are Buckyballs and Buckycubes, which are small high powered magnets. The toys, if swallowed, can cause major health issues. If multiple magnets are swallowed, attraction within an individual’s digestive system can cause holes in the stomach, intestinal blockage, blood poisoning, and unfortunately even death. Though the manufacturer and distributor of Buckyballs and Buckycubes have stated in October that they will no longer be selling these products once their stock has diminished, it is still very possible that purchases of these toys were made in recent months and some may still be on store shelves, leading unsuspecting customers to purchase them.

There are many other sources of danger other than magnets however. Sometimes, toys that seem simple and harmless can be defected in design or from the manufacturing process. In these instances, the fault lies with the production company and they should be held responsible as our society bears responsibility of protecting children. Defective products can be improperly designed or sometimes the marketing of products include inadequate warnings, instructions or even false advertisement about the safety of the product. Thus it is important to report claims about toy related injuries in order to inform not only the company of flaws in their product, but also to warn other consumers about the dangers of certain products.

Sources:
Public Health Watchdog Warns about Dangers of Magnetic Balls that Have Allegedly Caused Serious Injuries in Children
‘Tis the Season for Toy Safety
Magnet Toys: What To Do if Your Child Swallows a Magnet
Continue Reading ›

Oakland Elder Care Attorney Comments on the Danger of Neglect Following Death of Concord Senior Care Facility Resident

December 17, 2012 | Gregory J. Brod

Placing a loved one in a senior care facility is never an easy decision. When you select a nursing home or other care center, you place trust in the hands of the institution and the people who work there. You trust that they will take good care of a loved one who can no longer care for him or herself. Our Oakland nursing home abuse law firm is here to help when this trust is violated. We also understand that neglect can be as dangerous as physical or emotional abuse and we work with families to seek justice when nursing home neglect has serious, even tragic, consequences.

Alzheimer’s Patient Dies of Heatstroke After Wandering Away from Concord Assisted Care Center

The Oakland Tribune recently provided an update on a tragic case of elder care neglect that shocked many in our Northern California community this fall. Eighty-six year old Yolanda Membreno suffered from Alzheimer’s disease and dementia and was being cared for at Julia’s Home, a residential assisted care center. On September 30, she wandered away from the facility. She was later found dead at a park, located only a little more than a block from the center. According to a recently completed autopsy report, Membreno died as a result of heat stroke. Her family reports that, aside from the dementia related issues, she had been in good health. The Tribune noted that current law requires care facilities to alert the state when a resident leaves and may be in danger, but they are not required to contact police. Membreno’s family is working with police to pursue possible criminal charges against those who operate the facility.

Northern California Injury Lawyer on the Serious Consequences of Motorcycle Crashes

December 14, 2012 | Gregory J. Brod

Motorcycle accidents can cause serious, life-altering injuries and even death. Often these accidents are the result of negligent drivers who fail to exercise due care behind the wheel. As a Sacramento injury law firm, we work with the victims of these tragic collisions to help them recover damages, including money that they will need to live with the results of a serious injury.

Hit-and-Run Leaves Motorcycle Rider Seriously Injured and Driver Under Arrest

A serious collision between a motorcyclist and a driver occurred in our region earlier this week. As reported in The Sacramento Bee, a van and motorcycle collided in the Citrus Heights area leaving the rider with major injuries. The accident closed the westbound portion of Greenback Lane between Sunrise Boulevard and Birdcage Street for five hours while police investigated the incident. According to the report, the van driver fled the scene and then abandoned the vehicle in a nearby parking lot. Police later apprehended the suspected driver, whom reporters identified as thirty year old Adam McGue of Shasta Lake, and charged him with hit and run with injury.