Jump to Navigation

Arizona Personal Injury Law Blog

Elderly Abuse on the Rise

According to the Kaiser Family Health Foundation, about 1.5 million people are living in nursing homes across the country. With this number growing everyday, more than 16,000 nursing homes in the U.S. are faced with a huge responsibility: to care for our loved one who can no longer care for their self. But all too often nursing homes and caregivers are falling short of their responsibilities, being neglectful and abusive to their elderly residents. The National Center on Elder Abuse estimates that 1 in 20 residents in nursing homes have fallen victim to negligence or abuse. That's 75,000 elderly people who are suffering - sometimes every single day. What's worse is many of those residents endure abuse and neglect so regularly and for so long that their bodies can no longer take it. The U.S. Centers for Disease Control and Prevention (CDC) estimates that nursing home negligence played a role in the death of 14,000 nursing home residents over a four-year period.

Nursing home residents are at risk of many different types of abuse: financial, physical, sexual, verbal, and emotional. On top of that, residents may suffer neglect, whether intentional or unintentional, such as malnutrition, bed sores, dehydration, choking, poor hygiene, unsanitary living conditions, dehydration, skipped medication and more. With so many dangers your loved one can face, it's important that you not only choose the best nursing home you can find, but also stay proactive in checking for warning signs. This holds true in assisted living facilities, as well. Regularly visiting your loved one, keeping a close eye on your loved one and their surroundings, and creating a relationship with the caretakers are great ways to prevent neglect and abuse from happening or spotting it as soon it does.

You can also find signs that staff members may be trying to hide neglect or abuse by clicking here. If you suspect your loved one in a nursing home or assisted living facility has been abused, contact Knapp & Roberts today to schedule a meeting with our Arizona abuse and neglect lawyers. We want to help you through this difficult time and we have the experience needed to be able to do so. The first consultation is free, so don't wait. Call us today.

Tips for Bike Commuters

From 2000 to 2009, the number of bike commuters has increased by 64-percent in America. Whether people are turning to bikes in an effort to help the environment, save on gas, or just get some exercise - this upward trend doesn't seem to be slowing. In fact, at any given time there are more than 57 million cyclists on the road across the nation. While in many aspects this is a positive thing, the need for bike education in order to prevent accidents is vital.

According to the U.S. Department of Transportation, two-percent of all motor vehicle crash deaths are bicyclists with a majority of deaths due to serious head injuries. In 2011, a total of 675 bicyclists were killed in crashes with motor vehicles, up 10-percent from 2010. The worst thing about these deaths is many of them could have been avoided by following a few simple steps listed below and making them part of your everyday routine: 

1.) Follow the law. Whether it's staying in the bike lane, driving with traffic, or wearing a helmet, state and city laws exist to protect you. Make sure you read up on the laws in your area so you can stay as safe as possible on the road.

2.) Be Visible. Be sure to wear bright colored clothing while you bike. Avoid dark colors, even in the daylight. The brighter, the better. This goes for lights or reflectors on your bike, as well. Make sure you equip your bike so that you're noticeable.

3.) Be on the defense. Don't assume that just because you are riding in the bike lane, wearing bright clothing, and have reflectors, that you are safe. Sometimes drivers are not paying attention or they just don't see you. This means you always need to be aware. Look both ways before crossing an intersection, make sure cars turning left and right know that your there, and always be ready to stop if needed.

4.) Be friendly. Road rage doesn't work while driving and it definitely doesn't work while riding a bike. If a driver makes a mistake, cuts you off, or whatever it may be, stay calm and brush it off. Just like a car, taking your eyes off the road or hands off the handlebar while riding a bike can be very dangerous.

5.) Avoid high traffic areas. The more cars there are in an area, the higher the chances of getting in an accident. If you can avoid it, stick to small trails and neighborhoods, rather than big roads.

6.) Wear a helmet. Based on the above statistics, this is probably the most important tip to remember. About 90-percent of bikers killed in a road accident in the past decade were not wearing helmets. And, despite this high statistic, only 20 to 25-percent of bikers wear helmets. Wearing a helmet is not just for kids. It can save your life in case of an accident. Bike deaths has decreased in every category except men 20 and older. Regardless of your age or how you think you look, please wear a helmet. Adults are at risk for serious head injury and death just as much as children.

With bicycling a very popular activity in Arizona, bikers are at-risk year round. If you know someone who rides a bicycle in Phoenix, share this blog with them. Let them know the steps they should be taking before it's too late.

If you or someone you know has been in a bike accident, contact our expert Scottsdale personal injury attorneys. Recovering from a collision can be life-changing. We can help. Give Knapp & Roberts a call today.

More Teens Die from Texting While Driving Every Year than Drunk Driving

According to a new study from the Cohen Children's Medical Center of New York, texting while driving has now replaced drunk driving as the number one cause of death among teenagers in the United States. The study found that more than 3,000 teens die every year from sending texts while driving, whereas drunk driving kills approximately 2,700 teens per year. This is not to say we should switch our educational focus from drunk driving to texting while driving, but rather extend our education to show that both are equally as dangerous.

Statistics show that if you text while driving, you are 23 times more likely to get in an accident. With teens already getting behind the wheel with little experience, the combination has proven to be deadly. Despite texting laws in various states, the bad habit does not seem to be slowing. Because of this, many schools and teachers have taken matters into their own hands. According to CBS New York, "Students at the New York Institute of Technology and Freeport High School participated in driving simulations demonstrating the dangers of texting behind the wheel."

Many valley residents feel that some changes need to be made in Arizona communities, too. Gilbert Police Department Commander Pete Smith recently told the East Valley Tribune of a horrific accident he was on the scene of involving a 17-year-old girl. The girl's car had been so severely damaged that paramedics needed to use the Jaws of Life tool to get her out of the vehicle. Once she was removed, a cell phone fell from her lap. It's a powerful image and an even more powerful message to teens and adults. All it takes is one text message to change your life forever. All it takes is one text message to change someone else's life forever.

If you're a parent of a teen, please share the importance of staying safe while driving. Teach your teen what could happen if they put themselves and others in danger. We at Knapp & Roberts also recommend looking into apps to hold you and your teen accountable while driving. You can find a list of apps that aid in eliminating texting while driving here.

If you are the victim of a texting while driving accident, you can count on our Scottsdale auto accident attorneys to help. Our Phoenix, Arizona auto accident law firm is committed to representing our clients with the dedication, passion, and financial resources necessary to achieve the results you deserve. As a Knapp & Roberts client, you will receive personal attention at every stage of your case. We take the time to fully understand how your injury or loss has affected you and your family. If we mutually agree to litigate your case, there is no out-of-pocket cost to you. We assume all the financial risk. We are paid only if we win your case. Give us a call today at 480-269-1965 or 800-541-4477 to talk to an attorney about your case at no charge.

Reporting Group Home Abuse and Neglect

A 35-year-old group home caregiver is facing aggravated assault charges after she kicked and pushed a 69-year-old mentally handicap resident. Another group home worker took the resident to the hospital after she noticed a change in behavior and bruises on her body. A later report showed that the abusive group home caregiver, Kaskashelia Moore, allegedly pushed the resident, causing her to fall down in the hallway. She then proceeded to kick the defenseless resident in the back, side, and in the throat. Moore is behind bars tonight and is due in court later this month.

Even with that caregiver behind bars, stories like this are frightening. Abuse really can happen to anyone. It is estimated that one million senior citizens are abused every year in the United States, most of them unable to fight back and many of them unable to communicate that the abuse took place. In the above scenario, the 69-year-old group home resident's abuse was found by another caretaker who took action and sought proper help for her injuries. This is not always the case. Often times reporting abuse and neglect is left up to the families of the developmentally disabled group home residents. If you suspect your loved one has been abused in a group home, here are 6 steps to take in reporting it:

1.) Contact the DDD (if applicable). If your loved one is in a setting paid for by the Division of Developmental Disabilities (DDD), submit a report containing all the information and details you know. Once a report is made, the DDD is required to look into the claims. We at Knapp & Roberts also recommend speaking with a DDD staff member and filing a written report. From there, it is best to file a report with the statewide DDD office, too. Once the DDD looks in to your report, you are entitled to a copy of their response with the action they will be taking against the service provider (group home).

2.) Contact the police (if applicable). If your loved one has endured abuse that has physically harmed them, make a report with the police. Arizona's general laws protect all people against abuse and neglect. Special laws also protect people with developmental disabilities.

3.) Contact APS (if applicable). If your loved one is an adult, call Adult Protective Services. APS is a state agency that protects adults from abuse, neglect, and exploitation. They will look into any reports being made and can be reached for free by phone to make a report. Just call 1-877-SOS-ADULT.

4.) Contact CPS (if applicable). If your loved one is a child, call Child Protective Services. CPS is a state agency aimed at protecting children from abuse and neglect. They will look into any reports and can be reached for free by phone to make a report at 1-888-SOS-CHILD.

5.) Contact the DDD Human Rights Committee (HRC). HRCs are groups of local people who are not part of the DDD. They protect the rights of people with DD who get help from the DDD. Each DDD district has its own HRC. Anyone can make a report about neglect, abuse, or another rights problem to the HRC. If the HRC is not the best group to handle the report, they will tell you who to contact.

6.) Contact Knapp & Roberts. If you believe your loved one has been injured due to negligent care in a group home, contact our experienced group home abuse and neglect attorneys in Arizona. We offer a free initial consultation where we will investigate your case and advise you on your legal rights.

At Knapp & Roberts, we take abuse and neglect cases very seriously. We understand that you trusted another person or company to care for your loved one - and that trust was destroyed. We want to help give your loved one with special needs the voice they deserve. Give us a call today to schedule a free initial consultation at 480-991-7677 or toll free at 800-541-4477. You can also contact us online by filling out this form.

Story of abused group home resident found here.

How to Report Neglect or Abuse in a Nursing Home

According to the Centers for Disease Control and Prevention, there are more than 1.5 million people in nursing homes across the U.S. right now and this year, thousands of them will be abused in some way. All too often our nursing home abuse and neglect lawyers in Scottsdale come across stories like that of a disabled woman in Northland, Minnesota who was left alone with her door closed, lights off, and her call button far out of reach. Because of this, she fell out of bed and suffered a broken leg and wrist. Or that of an elderly woman in Duluth, Minnesota who was slapped, spit on, and aggressively held after she resisted to take a shower. I don't know the families of these residents, but I think it's safe to say that's not what they signed their loved one up for.

Nursing homes exist to help your loved one, take care of them in every way possible, and do so with safety and health in mind. When nursing homes fail to meet that criteria, it's usually due to neglect or abuse and if it's happening to your loved one, it's most likely happening to others. Take for instance this nursing home in Colbert, Oklahoma that has been cited for more than 60 deficiencies by the Oklahoma State Health Department and just recently added their most serious error to the list. For a nursing home with more than 60 deficiencies under their belt, it's safe to assume that this may not be the best place to take your loved one to live. As we at Knapp & Roberts have found, if it happened one time, it most likely will happen again. That's why it's so important to report abuse or neglect as soon as you learn it's happened.

If you found that your loved one has been abused or neglect, contact the administration of the nursing home if you feel comfortable. If you are uncomfortable doing so or feel that the situation should be reported to state and local authorities, don't worry - you can easily file a report with the Arizona Department of Health Services by filling out an online complaint form here. You can also find a links to nursing home injury resources on our website.

Reporting nursing home abuse and neglect can feel overwhelming, but Knapp & Roberts is here to help. If your loved one has suffered abuse or neglect in a nursing home, contact one of our expert Arizona nursing home attorneys today. Whether through settlement or trial, our clients have had great success in their cases, both financially and emotionally, knowing they did the right thing by holding the nursing home accountable for the injury or death they caused. Together, we will work to stop neglect and abuse from happening to someone else. Give us a call today at 480-991-7677.

5 Drowning Prevention Tips

A 1-year-old in Mesa is in critical condition after nearly drowning in his family's backyard swimming pool. The boy is said to have crawled through a doggy door and fell in the swimming pool. His aunt, who was babysitting him, said she accidentally fell asleep for 20 to 30 minutes and when she woke up, she found him floating face down in the pool. Tragically, this scenario is far too common this time of year. We at Knapp & Roberts warn parents all year round to beware of any safety holes in your home, a doggy door being one of them. It's said often, but it can't be said enough: even taking your eyes off your child for a second is too long.

According to the Centers for Disease Control and Prevention, drowning ranks fifth among the leading causes of unintentional injury death in the U.S., with 10 people losing their lives to unintentional drowning every day. Of those, two are children aged 14 or younger. Why is this statistic so high? Researchers believe it's due to lack of swimming ability, lack of barriers, lack of close supervision, and location - to name a few. The good news is, most of these things can easily be prevented. Here are 5 tips to help you and your family stay safe in the water:

-Supervise when in or around water. Designate a responsible adult to watch young children around the pool. If there's an occasion, such as a BBQ, don't assume that someone else is watching. Designate one or two people to be in charge of watching the kids. If one of them needs a break, tag team and take turns. Regardless, at least one person needs to be responsible for watching the children swimming. That person should always be within touching distance of the children and should never be distracted or multitasking by reading, playing cards, or even talking on the phone.

-Learn to swim. This tip can be a scary one, but teaching your child how to swim is the best thing you can do in case of emergency. Now, there should still be an adult in charge of watching children, but giving your child the tools to be comfortable in the water and know what to do if they fall in can be lifesaving. I recently came across this video online. It is terrifying to watch, but is a great example of real-life accidents that can happen to anyone. ISR, or Infant Swim Rescue, is a valley company that teaches 6-month-old to 12-month-old infants to roll onto their backs, float, and call for help if they find themselves in the water - all while fully-clothed and wearing shoes. Toddlers and young children are taught how to swim, roll onto their backs, float, rest, and roll over to swim to safety. Again, this is not meant to replace adult supervision, it is only meant to act as a safety precaution in case your child ever found themselves in the water without someone nearby.

-Learn CPR. There are several businesses all around the valley that offer free CPR classes. You can find a list of reputable places in Maricopa County here.

-Install barriers in your home. Have child safety locks on your doors, lock any doggy doors, install an alarm whenever a door is opened, have a locked fence around your pool. Have as many obstacles in place as possible so that a child cannot reach a pool.

-Remove anything that may entice a child to go near the pool. When you're not using the pool, clear the pool and deck of any toys, floating devices, balls, etc... so that a child does not see something they want and try to go after it.

Most children ages 1 to 4 drown in home swimming pools, but that's not the only place your child is at risk. Last week, a 5-year-old in Watertown, New York drowned in the Black River while fishing. A 4-year-old in Antioch, California nearly drowned in a fitness center pool last weekend. No matter where you are or what you're doing, it's important to remember that unintentional drowning can happen to anyone, anywhere. It's the steps you take when around water and leading up to it that makes all the difference.

Knapp & Roberts expert personal injury and wrongful death lawyers in Arizona have seen far too many drowning cases in their nearly 25 years of litigating. Knapp & Roberts does their best to educate and provide resources to Arizonans so you can prevent this horrific accident from happening to your family. However, sometimes responsibility is left in the hands of someone else: a daycare, school, group home, swim instructor, etc... If you trusted your child in the hands of someone else and your child suffered injury, give us a call. That injury is life-changing, and can sometimes require significant care or medical assistance over a lifetime. We understand the seriousness of the situation and will do everything we can to handle your case with the care and attention you deserve. Call 800-541-4477 or 480-991-7677 for a free initial consultation today.

Diagnostic Errors: Leading Cause of Malpractice

There are a lot of jokes surrounding the popular health information website, WebMD, which allows you to easily enter an ailment and quickly get a list of possible illnesses you may have. Comedian Tom Papa explains his experience in his stand up: "I go home (and search) on WebMD, 'Why do I have a weird rash on my elbow?' WebMD says, 'You probably have poison ivy...or cancer.' Is that the worst website in the history of websites? 'Why do I have the sniffles?' 'Oh you probably have the common cold...or cancer.' They should just rename it YouProbablyHaveCancer.com."

If you've ever been on the popular site, you'll know that his joke has some truth to it. You could go on the website inquiring about chest pain and leave not knowing if you have heartburn, a blood clot, broken rib, or lung cancer. That's why we at Knapp & Roberts encourage you to leave the diagnosing to the experts. But what if even the experts get it wrong? A new study published on BMJ Quality & Safety shows it happens more often than we think. A neurologist at Johns Hopkins University School of Medicine found that diagnostic errors are the most common, costly, and deadly of all medical errors, with 41-percent of these cases resulting in death of the patient. The Journal of the American Medical Association estimates that 40,000 to 80,000 Americans die from missed, delayed or incorrect diagnoses every year. The worst part is many of those lives could have been saved had a doctor properly diagnosed and treated the patient.

This leaves many families with the devastating loss of a loved one and often times, thousands of dollars in medical expenses. Although diagnostic errors are so common, little is being done to identify those errors and measure the effects. That's why it's so important that the patients and families affected by diagnostic errors speak out. If you or someone you love has fallen victim to a diagnostic error, contact our expert Scottsdale medical malpractice lawyers today. We at Knapp & Roberts want to help you hold your doctor accountable for his/her mistakes so it doesn't happen to someone else. Together, we can work for a safer tomorrow. Give us a call today for a free initial consultation, 480-991-7677.

More information on study found here.

Distracted Driving on the Rise

There are 320 million wireless subscribers in the U.S. Every month 184.3 billion text messages are sent. Every day about 100 million people drive. And last year, 6,000 people died from distracted driving. That's 6,000 families who lost their loved one to something so trivial, it's heartbreaking. I recently came across the story of Alex Brown, a beautiful young woman who lost her life far too early at the age of 17. Alex was on her way to school and texting while driving, an attempt to multitask that is far too common among teens and adults these days. She lost control of her vehicle causing her truck to roll. Alex didn't make it.

Looking at how many text messages are sent on a daily basis and how many wireless customers there are in the U.S., 6,000 people may not seem like a lot. In fact, me telling you that statistic may not mean anything to you...until it's someone you know or someone you can relate to. Alex was her parents' first-born child. She was a daughter, a big sister, a granddaughter, a niece, a cousin, and a friend. Alex may have "only" been one of 6,000 people, but to her friends and family, all it took was one. In a matter of seconds, the statistic could have been "1" and it still would have changed their lives forever. That's because all it takes is one person. All it takes is one time and one moment for everything to change. That's why we at Knapp & Roberts do everything we can to join the crusade to end distracted driving. We don't care if the statistic is 1 or 1 million, 1 time is too many.

Following the death of their beloved daughter, Jeanne and Johnny Mac Brown decided to dedicate their lives to sharing the story of Alex. They started the R.A.B. Foundation: Remembering Alex Brown. On their website, rabfoundation.org you and everyone you know can take a pledge and agree to stop distracted driving. Your pledge may not seem like a lot, but as we found out with Alex, one person can make all the difference.

If you or someone you know has been involved in a car accident caused by a distracted driver, contact our Arizona auto accident attorneys. We specialize in distracted driving cases and will handle your case with the care and attention you deserve. Call us at 480-991-7677 today and schedule your free initial consultation or fill out our Do I Have a Case form online today.

More than 200 Injured, Killed in Texas Blast

Many people go to work everyday and put their life on the line in order to serve others: police officers, firemen, and soldiers. Others go to work everyday and rarely worry about possible injuries: office, retail, or customer service workers. Then there are people who work somewhere in between: construction and factory workers are among those in the middle. They may not dodge bullets and fight fires, but with the heavy machinery, possible chemical exposure, and other safety procedures that must be met, there are plenty of ways they could find themselves seriously injured.

Most recently, millions of people across the nation were surprised to learn of a huge explosion at a fertilizer plant in West, Texas Wednesday night. The blast had an impact of a small earthquake and was heard more than 80 miles away, claiming the lives of 14 and injuring about 200 more. In a small town of only 2,800 the news was devastating, but images of the violent flames and the aftermath had the entire U.S. feeling their pain.

Investigation following the huge explosion found several surprising details:
1.) The Occupational Safety and Health Administration last inspected the factory in 1985. At that time the plant received a $30 fine for a serious violation for storage of anhydrous ammonia and four other serious violations for respiratory protection standards but did not issue a fine.
2.) Federal regulators fined the company that operates the plant $10,000 last summer for safety violations but accepted $5,250 in payment when the company said they took the proper corrective actions.
3.) The Associated Press reported that the U.S. Pipeline and Hazardous Materials Safety Administration determined the plant planned to transport anhydrous ammonia without making or following a security plan. The plant's ammonia tanks were also improperly labeled.
4.) A year earlier the company completed a risk-management plan filed with the Environmental Protection Agency saying it was not handling flammable materials and did not have sprinklers, water-deluge systems, blast walls, fire walls or other safety mechanisms in place at the plant.

According to USA Today, "nearly 70 federal and state investigators are still trying to determine what caused the fire that set off the explosion...authorities say there are no signs of criminal intent." While we wait to hear the cause of the explosion, the fertilizer plant's history does not look promising.

Companies are required to follow many laws in order to keep their employees and their neighboring communities safe. If you or someone you know has become seriously injured on the job, seek help. If it happened to you, it can happen again. Our Scottsdale personal injury attorneys will guide you through this difficult time so you can get the compensation you deserve and the help you need. Don't let your company's faulty equipment or poor safety procedures go unnoticed. Give Knapp & Roberts a call today at 480-991-7677 for a free initial consultation.

7,000 Patients at Risk for HIV and Hepatitis

More than 7,000 people in Tulsa, Oklahoma may have been exposed to hepatitis or HIV, the virus that causes AIDS, due to one oral surgeon's negligence. Thousands of Dr. W. Scott Harrington's patients from the past six years were sent letters warning them that they are at risk as a result of poor hygiene at his clinic. The letter further explains where they can get tested to find out if they've been infected. According to cbsnews.com, more than 400 people called in to Oklahoma state's health hotline worried. A surprise investigation by the state started earlier this month after one of Dr. Harrington's patients contracted Hepatitis C and HIV. What they found was shocking.

CBS reports that inspectors found multiple sterilization and cross-contamination issues, as well as a drug cabinet unlocked and unattended during the day. Additionally, the complaint alleges that his tools were improperly cleaned with bleach causing corrosion. He then used these tools on HIV and hepatitis-infected patients. If that wasn't bad enough, inspectors found that dental assistants wrongfully administered sedatives to patients when they weren't licensed, they found needles that were reinserted into drug vials after being used on patients, and expired drugs found in a medicine cabinet.

Dr. W. Scott Harrington now has a 17-count complaint filed against him for problems at his Tulsa and suburban Owasso clinic. Meanwhile, thousands of patients await results on whether or not they now have a life-changing disease due to his wrongdoing. As you may know, AIDS has no cure and life expectancy after diagnosis is about 10 to 40 years with treatment. That means that Dr. Harrington not only cost someone thousands of dollars in medical bills, he cost them lifelong medical bills and quite possibly a premature death sentence. This is inexcusable. According to ABCNews.com, "Of 3,122 patients tested by county health departments so far, 57 tested positive for hepatitis C, three tested positive for hepatitis B, and at least one tested positive for HIV."

Dr. Harrington has a home in Oklahoma, as well as here in Carefree, Arizona. He has been practicing for more than 30 years and has voluntarily surrendered his state dental license in Oklahoma and could face criminal charges. He has a license revocation hearing set for August 16 before the state dentistry board.

If you or someone you love suspects they have fallen victim to medical negligence, seek help immediately. If the one patient who contracted HIV and Hepatitis C from Dr. Harrington had not gotten tested and reported the issue to the state health department, Dr. Harrington could still be practicing today, putting more people at risk. You should be able to trust your surgeons, doctors, and nurses in any medical procedure. If that trust has been broken, contact our expert medical malpractice lawyers in Arizona today. For 20 years, Knapp & Roberts has been helping patients and surviving family members hold medical providers accountable. Call us today at 480-991-7677 or toll free at 800-541-4477 for a free consultation on your malpractice or negligence case.

Find more information on this story from CBSNews.com or ABCNews.com.

Do I Have a Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe to this blog's feed
FindLaw Network

Scottsdale Office Gainey Ranch

Knapp & Roberts
8777 North Gainey Center Drive, Suite 165
Scottsdale AZ 85258

Telephone: 480-991-7677
Telephone: 800-541-4477
E-mail Us | Scottsdale Law Office

Phoenix Office Downtown Phoenix

Knapp & Roberts
850 North 2nd Avenue
Phoenix AZ 85003

Telephone: 480-991-7677
Telephone: 800-541-4477
E-mail Us | Phoenix Law Office

Privacy Policy | Law Firm Marketing by FindLaw, a Thomson Reuters business.