Nursing Home Lawyer Houston, TX

When you move your loved one into a nursing home, you put them in the responsible hands of the nursing home’s medical care professionals. In a perfect world, you would expect the staff to treat your family members as if they are members of their own family, but unfortunately, this doesn’t always happen.

If you are suspicious about the going-ons in your loved one’s nursing home, don’t hesitate to contact an attorney at the first sign something is wrong. Here we have compiled an intro guide on what anyone should know about nursing home law in case you experience some situations you may be uncomfortable with.

Responsibilities of the Nursing Home

Under the 1987 Nursing Home Reform Law, there are specific requirements a nursing home must abide by when caring for their residents.  

• Having an adequate amount of staff compared to the number of residents in the facility
• Developing and enacting comprehensive care plans for each resident, including keeping and tracking their medical care and dietary restrictions
• Assessing and aiding in the specific needs of each resident as they come up
• Promoting each resident’s quality of life
• Ensuring the faculty is clean, liveable, and supervised at all times

Patient’s Rights

The rights of a patient can be narrowed down into two categories: quality of life and quality of care.

Quality of life means that the nursing home has the responsibility to provide care in an environment that is positive and enhances each resident’s life. From providing social activities to providing a clean bedroom and bathroom, these all add to a resident’s quality of life.

Quality of care entails that each resident is being cared for as they should be. If it has anything to do with a patient’s mental or physical health, it is classified under quality of care. For example, administering medications on schedule, providing a proper diet, and socialization.

Specific Examples of Nursing Home Abuse and Neglect

There are a lot of different examples of nursing home abuse and neglect, which is why it is imperative to be as vigilant as possible when visiting your loved one in their care facility. Look out for the following signs:

• Neglect: bedsores, weight loss, unwashed clothes, dry skin and chapped lips (due to dehydration), and bruises and scrapes.
• Emotional abuse: an unexplained and abrupt change in behavior, seclusion, depression, a sudden disinterest in doing activities that were previously enjoyable.
• Physical Abuse: similar marks in the same area of the body such as the ankles or wrist, severe fear of another resident or a care worker.

If you are noticing any of these symptoms, do not hesitate to contact a law firm today. Call the police if it is an absolute emergency, otherwise, come get help from nursing home lawyer Houston, TX relies on. A consultation is what you will need to seek clarity and next steps in your specific situation.

Contact John K. Zaid & Associates for their insight into personal injury claims and nursing home law.

Wrongful Death Lawyer in Houston, TX

When a wrongful death attorney, like a wrongful death lawyer in Houston, TX, agrees to represent the family of a victim who was killed in an accident caused by another person’s negligence, there are steps the attorney may have to take to prove that the unexpected death of the victim was due to someone else’s actions. Whether the accident was a vehicle accident, premises liability, product defect, medical malpractice, or some other type of claim, the following are different pieces of evidence that an attorney can utilize to prove their case.

Accident Reports: In any type of vehicle or mass transit accident where there has been a loss of life, there are two different reports that should be available. The first is an accident report and the second is a more detailed fatal accident report. A wrongful death attorney will obtain those reports immediately upon taking the case. These reports often provide indicators of other evidence the attorney may find useful in their case.

Emergency Call Records: Under the Freedom of Information Act (FOIA), citizens can request all recorded calls that come into 911 emergency call centers. All of these calls are digitally recorded, making a reproduction of records request fairly easy. These recordings often provide wrongful death attorneys with important evidence which can help prove their case, such as witness names and statements. In some states, names and other information may be protected, but an attorney can file a subpoena to request that information once the wrongful death lawsuit has been filed.

Event Recorder: If the accident involved a commercial vehicle or mass transit vehicle, there should be an event record which will contain vital information about what was happening leading up to the crash. An attorney may be able to obtain information about the speed the vehicle was traveling, any use of a horn, when braking occurred, and other critical information. Because there is always the risk that the at-fault party could destroy this information, it is critical to move quickly with your claim so the attorney can file the necessary legal documents to ensure these records are preserved.

Investigators/Experts: Depending on what type of accident took place, a wrongful death attorney may also consult with accident investigators and other experts in order to have them visit the site of the accident. It is important to obtain photographs of the scene as soon as possible in order to capture the conditions that existed when the accident occurred.

Autopsy: Whenever a person dies from apparent accidental death, or if there are questions regarding the circumstances of the death (such as in a malpractice case), it is crucial that a family member request an autopsy if the state is not automatically performing one. There can be important evidence that will help prove the case, as well as show the intense trauma the victim suffered before they died.

Contact a Wrongful Death Attorney Today

If you have lost a loved one due to the actions of someone else, contact a lawyer today to find out what legal recourse you may have against the at fault party.

Contact John K. Zaid & Associates for more insight into wrongful death.

Birth Injury Lawyer Houston, TX

Both mother and child must be kept safe throughout the process of pregnancy, labor, and post-delivery. If the doctor or medical personnel fail to provide proper medical care and attention during this time, it can cause the baby birth injuries or even death. Any parent who has a gut feeling that his or her doctor make a crucial mistake, may want to seek guidance from a legal professional. These matters are very sensitive, as it can be devastating to find out the doctor you relied on had failed to uphold his or her duty.

Parents who are suspicious that negligence or misconduct occurred at any stage during the pregnancy or delivery, may wonder what they can do to take action if a doctor or other personnel committed a tragic error.  

Q: What is one of the leading causes of birth injuries?

A: Delayed birth is one of the most common reasons why birth injuries happen. Sometimes, doctors do not respond to signs of labor with as much urgency as they should, or take too long to finally decide that an emergency c-section is needed. When the baby undergoes pressure associated with delivery for as long as 20 hours or more, there may be signs of fetal distress including:

• Decreased movements
• Rapid heart rate
• Slowed heart rate
• Excessive vaginal bleeding
• Placental abruption
• Low amniotic fluid levels
• High amniotic fluid levels
• Extreme cramping

Q: How can oxygen deprivation happen during labor?

A: Many brain-related birth injuries are associated with oxygen deprivation during delivery. These injuries can be mild or severe, to where symptoms last temporarily or forever. A baby enduring external forces such as a prolapsed umbilical cord, or internal forces such as underdeveloped lungs, may become severely impaired both physically and cognitively. The treating doctor and medical staff must strictly monitor the mother and baby’s heart rate and oxygen level, to prevent against a life-threatening situation from arising.

Q: What if I had an infection during pregnancy?

A: Infections during pregnancy can be dangerous to the baby, as it can cause problems such as hearing loss, learning difficulties, visual impairment, and more. Your doctor is responsible for performing regular checkups and running diagnostics to identify if you have any infections that need treatment during pregnancy. Here is a list of infections that can harm the fetus if not treated properly and in a timely manner:

• Chicken Pox
• Bacterial Vaginosis
• Cytomegalovirus
• Chlamydia
• Chikungunya
• Parvovirus
• Flu
• Gonorrhea
• Herpes
• Group B Strep
• Hepatitis B
• HIV
• Syphilis
• Rubella
• Listeriosis
• Zika Virus
• Urinary Tract Infection
• Trichomoniasis
• Toxoplasmosis

Q: I think my doctor made a mistake, should I file a report to the hospital?

A: Before submitting a complaint to the hospital that treated you during pregnancy and/or delivery, you may want to confide in a birth injury lawyer Houston, TX trusts at John K. Zaid & Associates. The reason for this, is because if the hospital finds out about a potential lawsuit they may try to hide any related evidence before you have a chance to access it.

Brain Injury Lawyer Houston, TX

A traumatic brain injury (TBI) typically happens when the victim suffered blunt force trauma to the brain. When the head is rapidly and suddenly hit by an object, blood vessels and brain tissue can become severely damaged. Depending on how the brain injury occurred, the victim may have mild to critical symptoms that require urgent medical care.

An attorney suggests that any person who thinks they may have a brain injury, gets emergency medical attention right away. They understand the immense financial and physical toll a brain injury can have on a person and can assist as you seek justice and compensation from the person responsible.

Symptoms of a Traumatic Brain Injury

Perhaps the most common symptom of a traumatic brain injury is loss of consciousness for several seconds, or up to a few minutes. Those who have an unrelenting headache in combination with nausea and/or vomiting, may want to head to the nearest hospital without hesitation. Even mild brain injuries that go untreated may eventually turn into dire conditions. Prompt medical intervention can be the key to recovering from a brain injury. Here are examples of more symptoms a person with a traumatic brain injury may experience:

• Ringing in ears
• Blurry vision
• Feeling lightheaded
• Confusion and disorientation
• Unstable equilibrium
• Bad taste in mouth
• Newly developed insomnia
• Trouble waking up
• Odd sleeping patterns
• Mood changes
• Poor concentration

Treatment Options for Victims

The most mild brain injuries may only require rest, while more serious conditions may need emergency surgery. Medical personnel are likely to focus on stabilizing the brain injury victim and prevent further damage from being done. Emergency care upon intake may include proper oxygen supply, adequate blood flow, blood pressure control, imaging tests, a CT scan, skull/neck x-rays, and more. Once stable, the patient’s treatment may involve rehabilitation, physical therapy, social support, prescription medication, speech therapy, and occupational therapy. Try to maintain documents related to your condition and what you paid out-of-pocket for, as this can help your attorney fight for a compensation that covers your current and future expenses.

When to See an Attorney

If you or someone you care about has suffered a brain injury due to another party or individual, then please reach out for a free consultation from a brain injury lawyer Houston, TX offers at John K. Zaid & Associates. They can represent you during negotiations and court hearings, help you gather supportive evidence, advocate for your health, provide legal insight along the way, and much more.

Nursing Home Abuse Lawyer

Was your loved one abused in a nursing home? If so, now may be a good time to consult a nursing home abuse lawyer.

Elderly men and woman deserve to be cared for and respected. No elder deserves anything less, especially to be abused by the very people who are supposed to be offering this. When you find out your loved one has been mistreated or harmed, there may be legal options. Reaching out to a nursing home abuse lawyer should be your first step. With a lawyer on your side, compensation for any related losses may be obtained. You risk nothing when you call a lawyer, except a fraction of your time. Your loved one is worth it.

Abuse and Neglect in Nursing Homes

When you place your loved one in the care of a nursing home or assisted care facility, you have the natural right to expect they will be properly attended to. Sadly this does not always happen. The following are the most common types of abuse and neglect nursing home abuse lawyers handle in claims and lawsuits.

Physical Abuse

It’s not easy to imagine doctors, nurses, assistants, or other staff members harming an elder; however, it does happen. When any kind of physical force result in injury, harm, or pain it may be considered physical abuse. Examples include:

• Bruising on the body
• Restraint marks
• Broken bones and sprains
• Burn marks
• Force feeding

Mental Abuse

Although it might not leave any physical scars, mental abuse can cause permanent harm in addition to depression, withdrawal, anxiety, and lowered self-confidence. Examples of mental abuse include:

• Threats
• Isolation
• Insults
• Put-downs
• Emotional manipulation

Neglect

As a nursing home abuse lawyer might explain, neglect is one of the most common forms of mistreatment. When any staff members of the facility fail to provide care and treatment that is expected, it may be considered neglect. Examples include:

• Failure to keep the elder bathed
• Failure to diagnose an illness
• Failure to treat the elder
• Failure to provide medication to the elder
• Chemically restraining the elder

Sexual Abuse

Sexual abuse does happen at nursing home facilities throughout the U.S., and may occur whenever a patient is forced into any type of sexual activity that is against their will.

Financial Abuse

Although more difficult to notice, a financial abuse claim can also be pursued by the elder or their loved ones. Examples include:

• Missing money
• Missing items
• Forged checks
• Forged social security income
• Unknown financial transactions
• Abrupt changes in wills, estate plans, or deeds

Do You Suspect Nursing Home Abuse?

If you believe an elderly person is being abused in a medical facility, please call an elder care abuse lawyer Phoenix, AZ turns to today.

Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into nursing home abuse.

Auto Accident Lawyer Deer Park, TX

If you have filed a car accident claim, your insurance company may ask you to schedule an independent medical examination (IME). These exams are typically done by a medical doctor who has been chosen by, and works for, the insurance company. Usually they are required when the insurance company disagrees with what you doctor has diagnosed you with and any course medical treatment.

When our clients have to go to an IME, we often go over the process and explain what they can expect, and what they should and should not do. In general, it helps to have a car accident lawyer on your side.

Tips for Going to an Independent Medical Exam

There are things you can do during the exam and after to help protect your claim. The following are useful tips to consider.

Take a Friend or Family Member to the IME

Ask someone you can rely on to go with you to your IME. Be sure to explain what the IME is and what you want them to do. You can ask them to:

• Note the beginning and ending time of the exam
• What medical history questions are asked
• What other questions are asked
• What tests were performed
• How long the tests took
• Any other notable details

This individual could act as a potential witness just in case there are any arguments about the exam and its accuracy. It can also prevent the doctor from trying to intimidate you, which is unfortunately common.

Counter a Bad Report

Doctors who conduct IMEs work for the insurance company. This also means that they are generally not on your side and would like to please their employer. What they report back to the insurance company may include minimizing the extent of your injuries and the treatment you should have. It is possible to counter the doctor’s claims, and this is often what a car accident lawyer will do.

Get a Copy of the Report

You don’t have to discuss the report with the insurance company. In fact you should not do so, especially if you don’t have your own copy. It is possible the insurance company will provide you with portions of the report rather than the full version. You should make sure to get the entire report.

Point Out Inaccuracies

If you believe the report is inaccurate, untrue, or incomplete; and therefore, unreliable, you should make this known. In general, a lawyer will do this for you as long as you have retained one. Your own medical records may be used to contradict their own statements.

Ask a Doctor to Write You a Response

If your IME exam report is very negative or the insurance company is heavily using it against your claim, it may be a good idea to ask your doctor to review the report and write a letter that counters what the IME report is saying. Bare in mind that your doctor will likely charge you for this, so make sure to confirm the price ahead of time and think about whether it is worth the cost.

Ask About the Doctor’s Relationship with the Insurance Company

You can request how the IME doctor knows the insurance company, and how many referrals the company has given the doctor over the course of a 5 year period. You can also request the amount of money the doctor is paid and other valuable information. These details will almost certainly not be given to you by the insurance company; however, it does not look good if they refuse it.

Most importantly, don’t be afraid to ask an auto accident lawyer Deer Park, TX relies on at John K. Zaid & Associates for help.

Who is the best auto accident lawyer in Houston, TX?

Thousands of people are killed each year in car crashes that occurred because a driver was speeding. When a driver is speeding, it takes them longer to react to activity around them and it also take them longer to stop their vehicles. The impact of a crash with a speeding car is also more likely to result in catastrophic or fatal injuries due to the force of that impact when the speeding car slams into the other vehicle.

Why Do Driver Speed?

Every driver knows what the speed limit signs mean, and every driver knows that failure to abide by those signs can result in harsh traffic fines. Yet, so many drivers still disregard those signs and speed. Some of the more common reasons why include:

• Time: One of the most common reasons why driver speed is because they are running late to work, an appointment, or other reason. Drivers will travel above the speed limit in these situations because they do not want to risk the consequences of being late, however, they fail to realize what the consequences can be for speeding.
• Traffic: It can be frustrating getting caught in a traffic jam, especially if you need to be somewhere, such as work or a doctor’s appointment, and sitting in traffic causes you to lose time. Once the traffic begins to lighten up, many drivers will hit the gas pedal in order to make up the time lost. They may also speed because they are frustrated with other motorists driving around them too slowly.
• Anonymity: This may seem like a surprising one, but it is in fact one of the most common ones. But a lot of drivers feel since other drivers on the road with them do not know them, they feel more comfortable not obeying all the rules, such as the speed limit.

Not only does speeding create a dangerous place for other drivers and passengers of the speeding driver, it also creates the following consequences:

• More fuel consumption
• Affects the driver’s ability to notice and react to a safety hazard
• Affects the effectiveness of the vehicle’s safety equipment, such as airbags
• The impact of a speeding car affects the severity of the crash, leading to more deaths and injuries
• The impact also causes more damage to vehicles, often resulting in the vehicle being totaled and not drivable following the accident

Contact a Car Accident Attorney for Help

If you have been injured in a crash caused by a speeding driver and are asking “who is the best auto accident lawyer in Houston, TX?” at John K. Zaid & Associates, call a car accident attorney for a free case evaluation and to discuss what your legal options may be.

Construction Accident Lawyer

Getting injured on the job can be devastating, but getting workers’ compensation benefits can help with your medical bills and pay for lost income while you are out of work and recovering. However, filing your claim for workers’ compensation is not the only thing you should do after your accident. It is also imperative that you correctly report your injury after it has occurred. Before you can make your claim, you should also report your injury in some form to your employer or your manager, and the details of this report can be extremely helpful when an insurance company determines whether to give you benefits. For more information on making a work-related accident report, read below.

Reporting Your Injury

Reporting your injury in a timely manner is imperative. In fact, if you do not report your accident within the timeframe as outlined by your state and your employer’s workers’ compensation rules, you could be quickly denied your claim. Many employers ask that you file your report (in writing) within 30 days of the accident, but filing it sooner can only help an insurance company to process your claim quicker.

What Items Should Your Injury Report Have?

Certain state and employers will have a claims form specifically for their employees. Your manager or an HR representative from your company should be able to provide you with this claim form. In other instances, you can also get a claim form from your specific states’ workers’ compensation committee.

The information you can expect to provide for this form can be seen below.

• Personal information. This will include details like your name, your job title, how long you have been at the company, and your daily tasks.
• The details of the accident. What were you hurt by and where were you injured during the accident?
• How did the accident happen? Go into detail about the circumstances leading up to your injuries.
• What is the date, time, and location that the accident occurred?
• Who else, if anyone, was involved in your accident?
• If you have already seen a doctor, which medical treatments you have already undergone.

How Should I Follow My Claim?

Once you have completed your report, it is imperative that you keep a record of certain information as you file your workers’ compensation claim and as you follow the claim. You want to ensure that you have filled out all the required documents and that you have copies and records proving forms you have filled out. Additionally, keep a record of how your injury or illness progresses and the ways in which it affects your work. It is also important that you keep any medical reports and have receipts for any expenses that you pay out-of-pocket. Keeping these steps in mind can help your claim process be smoother and it can ensure you have the evidence needed to win your claim.

What Are the Next Steps After I File My Claim?

Once you file your claim, you must keep track of it as it progresses. If the insurance company denied your claim, having a workers compensation lawyer Gaithersburg, MD trusts on your side can help you make the best next steps in re-filing your claim.

Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into workers compensation and work-related reports.

Houston, TX Truck Accident Lawyer

While it isn’t safe for any driver to speed, it’s especially dangerous when truck drivers do it. Commercial trucks are such large and powerful vehicles that speeding in them are more likely to cause deadly crashes. When truck drivers drive above the speed limit, they can cause catastrophic injuries in the people they hit. If you were injured by a speeding truck driver, you should discuss your case with a truck accident lawyer.

Here are some of the ways speeding causes truck accidents:

Blind Spots

There are blind spots on the sides, in front of and behind commercial trucks. It is important for truck drivers to constantly be aware of drivers who get near these blind spots. However, when truckers driver too fast, they won’t be able to see the drivers in these blind spots until it is too late.

Loads

Truck drivers have to transport large amounts of cargo on their trips. If cargo isn’t loaded properly, it can shift and cause the truck to have an accident. An accident becomes even more likely when a truck driver is speeding because he or she can’t maneuver the vehicle as easily.

Difficulty Stopping

It already takes commercial trucks a longer time to stop than passenger vehicles because they are so large and heavy. Speeding can make stopping even more difficult. If a truck driver drives above the speed limit, he or she won’t have enough time to stop the truck when traffic slows down.

Poor Weather

It is even more dangerous for truck drivers to speed when the weather conditions are poor. If the roads are slick from snow or rain, truck drivers can easily slide into other vehicles and cause a multi-vehicle accidents if they don’t reduce their speed.

Curves

Truck drivers have to be more careful than other drivers when they drive around curves. Otherwise, they can lose control of their trucks and cause a jackknife accident. Truck drivers who speed won’t have enough time to slow do when they approach these curves and can put everyone on the road in danger.

Hiring a Truck Accident Lawyer

If you have been injured in a truck accident, you should consult with an experience truck accident lawyer right away. He or she can inform you of your rights and advise you the best way to proceed. You deserve justice for what you have been through.

Lawyers have extensive knowledge of truck accident laws and will work hard for you. They will help identify key witnesses, collect important evidence and negotiate with insurance companies. With a confident Houston, TX truck accident lawyer  at John K. Zaid & Associates on your side, you will have more of a peace of mind about your situation.

Truck Accident Lawyer Houston, TX

Commercial trucks are much bigger and heavier than regular vehicles, so they can be especially dangerous on the roads. Truck accident lawyers know just how disastrous collisions with trucks can be. It’s not possible to avoid these trucks completely, so motorists should learn how to drive safely around them. Here are some tips for reducing your risk of getting into a collision with a truck:

Be Careful When Passing

If you ever need to pass by a commercial truck, you should do so with extra caution. Large trucks take longer to maneuver and stop, so truck drivers need more time to change their speed. Drive up to the truck you plan to pass on the left side and use the proper signals as you change lanes. Avoid passing a truck while driving uphill or downhill.

Maintain a Safe Distance Behind a Truck

It isn’t good to drive too closely to any vehicle, but it’s especially dangerous with large trucks. If you don’t allow enough room between your vehicle and a truck, you can increase the risk of an accident. For example, if the truck has to make a sudden brake, you can crash right into it. To avoid any issues, try to stay at least several car lengths behind commercial trucks.

Don’t Get Distracted

When you are driving for a while, it’s easy to get distracted from time to time. However, distractions can take your eyes off the road and increase the likelihood of getting into an accident with trucks and other vehicles. Avoid talking on the phone, texting, eating or anything else the makes you take your hands off the wheel or your eyes off the road.

Stay Away from the Blind Spots

When you drive around commercials trucks, it’s crucial to stay out of their blind spots, including the areas directly in front, directly behind and long each side of the vehicle. The truck driver can’t see you in these areas and may collide into your vehicle.

Reduce Your Brights

If you are driving around a commercial truck, you should make sure to lower your brights. They can reflect off their side mirrors and blind the drivers, increasing the risk of accidents.

Report Unsafe Driving

If you notice a truck driver speeding, drifting in and out of lanes or driving in another dangerous way, you should not hesitate to alert authorities. There is a phone number on the back of each commercial truck that you can call. Try to stay as far away as possible from truck drivers who are driving unsafely.

If you follow these safety tips, you can reduce your chances of getting into an accident with a commercial truck and needing a truck accident lawyer Houston, TX trusts at John K. Zaid & Associates by your side.