When a child is seriously injured, parents have to consider many things. How will the injury affect the rest of the child's life? What type of medical care will the child need? Is a negligent party liable for the medical expenses and other losses?
The decision to place a loved one in a nursing home or other care facility can be one of the most upsetting in a person's life. Very often the older individual is resistant to the idea and family members feel guilty, even though the decision really may be for the best. In most instances, the care a person receives in a nursing home is adequate and appropriate for his or needs, but unfortunately, many nursing home residents suffer from the effects of neglect.
This blog has previously discussed a few topics with regard to Connecticut premises liability law. In February we took a look at a very basic thumbnail sketch of the common-law format of negligence cases, and in January we touched on the basic statuses that a person who is on someone else's property may have. It turns out that these two concepts are related in terms of cases involving premises liability.
Everyone who drives knows, or should know, that they face the possibility of getting into an accident. Still, in the aftermath of a car accident, many people don't know what they should do next. The state of Connecticut Department of Motor Vehicles produces a driver's manual that contains a section regarding how the state wants residents to behave in the case of a motor vehicle crash. The first thing you need to know is that if you are involved in accident, you must stop. This is true, even if you hit a parked car. It may be a crime for you leave the scene of an accident if someone has been injured. You must take care that your vehicle, if possible is off the roadway, so it is not a hazard to other drivers. Further, do not walk or stand around in traffic lanes, as you increase your chances of being hurt by other vehicles driving by. Do not go near any downed power lines, or smoke near an accident scene, as fuel may have been spilled. Do not move any injured individual unless there is an immediate danger to that person like a fire or likelihood of being struck by another vehicle.
The last time this space discussed medical malpractice we touched on the difference between the standards that are used in a traditional negligence case and those used in medical malpractice actions. You may recall it has to do with the "reasonable person" standard used in the former cases, and the reasonable professional exercising the accepted standard of care in the latter. While this may make sense in theory, how, in practice does one know which standard to apply?
This blog has previously discussed some of the potential signs that a Connecticut resident who is living in a nursing home may be neglected or abused. While psychological and financial abuse and exploitation are just as bad, physical abuse or neglect can lead to some dire consequences, and sometimes may be most obvious to notice. One of the possible signs of neglect of abuse in a nursing home is bedsores. But are bedsores really that serious?
A month or so ago on this blog we discussed the various types of status a person may have when he or she has been injured on the property of another. This status can affect the duty a premises owner has to the individual with regard to risks on the property. This week, we'll take a brief look at one aspect of premises liability in cases involving invitees to a property. You may recall that an "invitee" is a person who is present on a property for the benefit of the owner or for their mutual benefit. This covers nearly all commercial transactions that occur in brick-and-mortar businesses. The aspect we will look at is called the "mode of operation rule."
We've previously discussed in this space that many medical malpractice suits in Connecticut are based on the concept of negligence. Negligence is a legal concept that comes down to us from the common law, which has its origins in England a long time ago. Suffice to say the basic idea of negligence has changed through the years and is a bit more well-defined now that many states have codified what it means and the methods of showing it in court. But, while medical malpractice cases may often rest on a negligence theory, there are some differences that should be understood.
Drones or unmanned aerial vehicles (UAVs) are not just toys. Children, adults, businesses and government entities use them. While some UAVs are small and lightweight, commercial and government UAVs are often larger and heavier. Any UAV that is not used properly, however, has the potential to cause injury.
We have previously touched on the definitions of various types of mistreatment that can occur to the elderly by their caregivers. You may recall that these include abuse, neglect, exploitation and abandonment. When one suspects that one of these situations applies to a loved one, the emotions elicited can be very strong. So, to whom does one turn for help if one suspects that an older loved one may be the victim of some form of abuse?