Suing for Verbal or Emotional Abuse in a Nursing Home

By HGD Staff

When most people think of nursing home abuse, they think of obvious and catastrophic physical injuries. In reality, there are a lot of different ways that a vulnerable senior living in a nursing home facility can be subjected to abuse. One of the most insidious and frightening ways that abusers can hurt residents is through verbal and emotional abuse.

So, what makes verbal and emotional abuse so terrifying and serious? In short, it is because the victim is trapped in an institutional setting, where the abuser may be their sole source of food, medical care, and even the source of medications necessary for survival. According to a 2000 report, 95% of nursing home residents polled stated that they had either been abused or witnessed abuse.

At Heninger, Garrison & Davis, LLC, our nursing home abuse lawyers are ready to fight to make sure vulnerable seniors are protected. If you believe a loved one is being abused in a nursing home, or you have lost a loved one due to poor medical care or neglect, you have the right to seek compensation for the injuries and loss. Call us today to speak with someone free of charge.

What is Verbal and Emotional Abuse?

Verbal abuse can take many forms, but at its core, it is using threats, hate speech, insults or ridicule in order to embarrass, shame, intimidate, or control another person. Here are a few common examples:

• A staff member gets frustrated at how frequently a senior needs toileting assistance and begins verbally insulting or making fun of the resident
• Out of frustration or just pure cruelty, a nurse threatens to withhold medications just to scare a resident
• A cleaning person uses racial slurs toward an elderly resident

While these are just a few examples, rest assured they have happened. Sadly, it can be difficult to identify the signs of verbal and emotional abuse.

A Nursing Home is Meant to be the Resident’s Home

When it comes to elderly nursing home residents, it is critical to understand that a nursing home is not the same as a hospital. It is called a nursing “home” for a reason. It is not a healthcare facility where the individual will spend a day or two then head home. Instead, nursing homes are also aptly called “long-term skilled nursing” facilities. A person goes to a skilled nursing facility for long-term rehabilitation or possibly a final admission during the end of life. There is an expectation that the facility – in particular the resident’s room – will be treated as a private space akin to a home. In fact, it is more than an expectation; federal law guarantees it.

Nursing Home Resident Rights

Under federal regulations, a resident has a right to privacy in his or her own room and the right to a home-like environment. Many states add additional rights in order to guarantee that a mistreated resident will have adequate legal options if their rights under the law are violated.

How to Recognize the Signs of Verbal and Emotional Abuse

A senior living with constant abuse may act in ways that do not always make sense at first. Here are a few major red flags to watch for:

• Some residents become withdrawn or tell family members not to visit. This can seem counterintuitive because one would expect a resident to want protection and comfort from loved ones. However, feelings of shame, frailty, and embarrassment can cause a senior to avoid contact with loved ones. Likewise, if staff are threatening the senior, he or she may simply seek to avoid situations that seems suspicious to the staff.
• Refusing Food or Medicine. Another strange but common warning sign is a physical manifestation of withdrawal. In addition to avoiding loved ones, the senior may in fact choose to stop medical care or cease eating, socializing, or rehabilitation efforts. In some cases, this is a deliberate form of suicide. In other instances, it is an unconscious attempt to remove the painful stimuli by simply not asking for things. In this resident’s mind, if he or she does not ask for things, the staff will have no reason to continue the abuse.
• Abnormal Behavior Around Certain Staff. If your loved one becomes guarded or visibly disturbed when a specific staff member is around, this could be a sign of abuse.

What to do About Abuse

Ultimately, you have the power to put an end to abuse. If you suspect abuse, you should report it to your state’s elder abuse hotline. It must be posted in the facility. You can report by phone or via e-mail and letter. Here are a few for your reference:

 

New York       Abuse Hotline             (888) 201-4563           (available 24/7)

 

New Jersey   Abuse Hotline               (800) 792-9770           (available 24/7)

 

Georgia           Abuse Hotline             (866) 55-AGING        (M-F 8:00am – 5:00pm)

 

Alabama          Abuse Hotline             (800) 356-9596           (M-F 8:00am – 5:00pm)

Next, call Heninger Garrison Davis to speak with an attorney for free. We can help you better understand your rights and options. In many cases, an abused senior may have a right to compensation. If your loved one has died, and you suspect abuse may have played a role, then his or her estate may be entitled to compensation, as well. Give us a call to discuss your concerns today.

 

 

 

 

 

 

 

 

 

 

Recovering Monetary Compensation for Childhood Sexual Abuse

by HGD Staff

 In the wake of yet more sex abuse discoveries, the Catholic Church continues to struggle with a decades-long image problem. Just recently, it was revealed that the identities of more than 500 priests in Illinois were kept hidden from authorities, even after credible allegations of sexual abuse were brought against them. While terrible, stories like these are not unique to the Catholic Church. From major religions to smaller sectarian organizations, childhood sexual abuse has become a serious problem for many religious groups around the world. Many non-religious institutions are coming under fire, as well, as more victims speak out.

At Heninger Garrison Davis, LLC, our experienced personal injury attorneys are here to help those who are injured by others. While taking on large institutions can often be quite challenging, our attorneys have the skills and real life experience to pursue compensation for cases big and small.

Why Pursue an Injury Claim Against a Sexual Abuser?

For those who suffer from lifelong emotional and mental scars from child abuse, it can seem as though there is no solution, no answer that can undo the past. Indeed, childhood sexual abuse can mean a lifetime of medical and psychiatric needs, and it can damage relationships and lead to higher than usual suicide rates. For these reasons, it is important for victims to speak out and take action. As some recent cases have proven, courts are now more willing than ever to impose civil damages for sexual abuse, even years after an offense.

Common Childhood Sexual Abuse Injuries

For children who are abused by adults, the pain can last the rest of their lives. However, the injuries are often elusive and invisible, so it can be difficult to come forward and discuss the injury. For instance, sexual abuse can lead to:

• Sexually transmitted diseases
• Unwanted pregnancy
• Physical injuries
• Permanent scars
• Emotional distress
• Psychological injuries
• Depression
• Personality disorders
• Eating disorders
• Higher-than-usual rates of suicide and self-abuse
• Drug and alcohol addiction
• Failed relationships
• Risk-seeking behaviors
• Increased chance of being involved in a violent or abusive relationship

How Long Do You Have to Take Action?

It is important to distinguish between criminal and civil penalties. For instance, in New York, there is no statute of limitations for prosecuting a person for rape. But many forms of childhood sexual abuse do not fit the definition of rape, and may only be subject to prosecution up to two or three years after a child reaches adulthood.

The statutes of limitations for bringing a civil claim, however, are different. Although the deadline may have long passed to pursuing a criminal action, some forms of sexual abuse may be subject to civil liability for much longer, especially where a defendant intentionally acted to conceal the evidence or hide the wrongdoing. This is where some institutions have gotten into serious trouble and been forced to pay large settlements.

Because the rules can be fact-specific, if you were abused as a child and suspect a religious organization, school, or other institution acted to cover up the evidence, you should discuss the matter with an attorney as soon as possible. Likewise, if you know a child or teenager who has been abused by an adult teacher, religious leader, or some other individual in a position of trust, it is important for the child to get counseling and assistance early, as it can have a demonstrable impact on a victim’s ability to heal.

Compensation Available for Childhood Sexual Abuse Survivors

Because sexual abuse is both a crime and an intentional wrongful act, a victim may be entitled to financial compensation. Many victims, unfortunately, fear that receiving money from an abuser or their organization would be pointless, but the fact is that monetary compensation can help to cover the costs of medical and psychiatric treatment, counseling, and similar care. It can also help to offset much of the damage done by the abuse, such as years of limited employment, damaged relationships, and other consequences.

Getting Compassionate Legal Advice

 When you call and speak with an attorney from Heninger Garrison Davis it is important to understand that we are not going to rush or try to tell you what to do. That is not our place. Instead, our goal is to help injury victims of all kinds better understand their options. If a large and powerful organization, religion, employer, sports program, or other institution played a role in a child’s sexual abuse or a later cover-up, there may be significant compensation available. Our attorneys can help to assess your case and let you know your options. Give us a call today.

 

Official 2003 Report Predicted Rapid Growth on I-10 Corridor

by HGD Staff

 As far back as 2003, a multi-state commission was developed to investigate and research the likely growth and expansion of Interstate-10 from coast to coast. Among those in the committee were major representatives and engineers from each state affected by I-10, including our very own Don Vaughn, a long-time transportation engineer for the Alabama Department of Transportation for more than 46 years. The committee released a detailed report on the anticipated growth of the I-10 freight corridor in years to come.

According to the report, commercial truck traffic would grow at roughly twice the pace of regular automobile traffic along the freight corridor. Likewise, the report indicated that this would take place by 2025, creating worse conditions for the motoring public. As we approach this date in the next few years, it is worth taking a moment to note the realities of the I-10 freight corridor in Alabama at present, and how it is impacting the motoring public today.

Interstate 10 in Alabama

Among all the states impacted by the 2003 report, Alabama has the least number of I-10 highway miles traveling through it, coming in at just 66 miles of road, compared to Texas with 877 miles and Florida with 362 miles approximately. Therefore, at first blush one may think that Alabama may not feel the effects of shipping growth along the corridor. However, this would be wrong.

Trucking Accidents Along the Alabama Freight Corridor on I-10

In just our state’s small 66-mile stretch of Interstate-10, trucking accidents and fatalities are a common occurrence. Just recently, a major trucking company was involved in a collision on I-10, leaving at least one person seriously injured.

Of course, this comes just a few months after a major accident along the same road in August of 2018, where a semi-truck overturned spilling hazardous chemicals and blocked all lanes of travel. The cause of that crash appeared to be the driver losing control due to unlevel pavement.

These types of scenarios are far too common across the State of Alabama. Each year, hundreds of people are seriously injured or killed in semi tractor-trailer collisions in Alabama, many of them along the I-10 corridor. For a tiny 66-mile stretch of road, it claims many lives.

Typical Reasons for Commercial Vehicle Crashes

While police reports and state and federal crash data tend to paint a picture that is a bit blurry regarding true causes, the truth is that many of these collisions are preventable with appropriate training and a bit of extra caution. A good number of these crashes are caused by simple truck driver error, while others may be due to more hidden and subtle causes. Here are some typical examples:

• Asleep at the wheel crashes: Truck drivers are bound by specific rules, including federal hours of service regulations that dictate how many hours of downtime they require in between shifts and how many hours they can work and drive at a time without a break. Since most professional drivers are paid by the mile (not by the hour), there is a strong incentive to break the rules and operate past their legal limits.
• Alcohol, drugs, and medications: While truck drivers are required to pass a Department of Transportation physical assessment to get and keep their CDL, this does not stop drivers from playing the system. Many drivers struggle with sleep apnea, obesity, heart problems, and other conditions that require medication. A driver may take medications that cause drowsiness or concentration problems. They can stop taking the medication a few days or weeks before a physical, not report it, and continue taking it a day later. Obviously illegal narcotics and alcohol abuse are big problems too.
• Poor training: Generally, the public would be horrified if they saw the training that some truck drivers receive before taking the wheel of an 80,000-pound tractor-trailer combination vehicle full of hazardous chemicals. Some truck driving schools rush people through and even “coax” them through state testing Other schools are little more than a place to get some “road time” before hitting the highway. This leaves a massive gap in knowledge and skill.

Compensation for Trucking Accidents in Alabama

If you or a loved one have been injured in a truck accident along the I-10 corridor or anywhere else in Alabama, you can not afford to take chances on your medical care and recovery. Let Heninger Garrison & Davis, LLC help you fight for the compensation that you and your family deserve. And if you have lost a loved one in a tragic trucking fatality, give us a call right away so we can initiate a swift investigation into the circumstances of the crash before crucial evidence is forever lost.

 

Why Whiplash is More Serious Than You May Think

by HGD Staff

We have all seen those cheesy comedies in which someone pretends to be injured by wearing a “C-collar” to court. Maybe you have heard stories about people claiming whiplash after a car accident, and it conjures up images of a malingerer or scam artist trying to get quick cash from a lawsuit. Well, it is time to do away with those unfortunate images

forever. While yes, there will always be a small portion of the population who attempts to manipulate the system to their own benefit, the truth is that whiplash is a serious injury. People who suffer from whiplash injuries can tell you just how real and unpleasant they are.

The attorneys of Heninger Garrison Davis, LLC are here to help. We understand that each injury is just as unique as the person suffering through it. Whiplash injuries are no different. No matter what type of injury you have, if someone else caused it, then it is only fair that they make it right. Let us help you today.

What is Whiplash?

Whiplash is actually not a medical diagnosis, nor is it a medical or legal term. It is just a nickname for a wide range of conditions that are caused by a single type of event. Any time

the head is violently thrust back and forth on the neck, it can lead to muscle, ligament, and other soft tissue injuries to the neck and upper back. To accurately describe whiplash, it is important to consider how the biomechanics of the neck and upper back actually work.

Neck and Back Anatomy

The cervical spine is comprised of seven cervical vertebrae, six cervical discs (in between the vertebrae) and eight nerves. At the base of the seventh vertebrae, the cervical neck connects to the thoracic spine. Often called the “cervicothoracic junction,” this is where the C8 vertebral nerve lies. When the neck moves back and forth rapidly and with a lot of force, several things can happen:

• Muscle Strain: All of the muscle fibers throughout the shoulders, neck and upper thoracic spine can be injured, leading to bruising, swelling, and inflammation. This can cause painful aggravation and irritation and can make people feel as though their neck and shoulders are “locked.”
• Disc Injuries: In severe cases, the discs that cushion the vertebrae can be ruptured, causing them to leak the gel-like fluid inside them. This can lead to rubbing and nerve impingement.

Even where discs are intact and not ruptured, it is common for the muscle strain associated with whiplash to last for several months. The worst part is that it can be deceiving in the beginning. Here is why symptoms are delayed.

Whiplash is a Tricky Condition

Whiplash, unlike many acute injuries, does not always manifest right away. Think of the last time you went to a gym or tried to do something physical after not using those muscles for a long time. Maybe you got a wild idea to go try bench pressing after years of not doing it. Or, maybe you started jogging again. You may recall that you felt okay for the first

day. Maybe even the second day was not too bad. But about two days after exercising, you probably noticed a lot of soreness and pain in your muscles. This is because muscles do not hurt that much when they are being pulled and stretched. They really hurt when they are healing and rebuilding.

In this same way, many whiplash victims do not notice the inflammation and pain of their injuries until weeks after the accident. Of course, if you wait that long to get medical help, two things will happen:

• You will likely face an insurance denial. Insurance companies love to tell people they waited too long to get care. They know that they will probably be able to convince a jury that you were not hurt badly if you waited two weeks or longer to get care. While there are sometimes ways that an experienced attorney can help overcome these arguments, it is much better if you just go to the hospital for treatment.
• You will hurt worse. The real problem, of course, is that you will suffer more. The earlier you can begin actively treating the problem with physical therapy, chiropractic care, cold and hot therapies, and other options, the sooner you will recover and the sooner you will start feeling better.

 If you and your loved ones are suffering after an auto accident in Alabama, call Heninger Garrison Davis, LLC today.

 

HGD’s Anna Carroll Elected Vice President for Young Lawyers Section

HGD congratulates Anna Carroll who was recently elected to serve as Vice President of Public Service on the Young Lawyers Executive Board for the Birmingham Bar Association. She has served as an at large member of the Executive Committee for the past two years and is excited to step into a leadership position. As VP of Public Service, she will oversee the YLS’s fundraising and community service efforts.

 

 

Judge Chris McCool is Featured Speaker at HGD’s Winter CLE

Alabama Court of Criminal Appeals Judge J. Chris McCool is the featured guest speaker for HGD’s annual winter CLE for members of the Alabama Association for Justice Emerging Leaders and members of the Magic City Bar Association on Thursday, December 12. Judge McCool’s presentation is titled  “A Grab-Bag of Practical Issues for Lawyers in the Trenches.”

McCool was the longtime district attorney for three counties in West Alabama before being elected to the state’s second-highest criminal court in November, 2018. McCool served as the district attorney for the 24th Judicial Circuit, which includes Fayette, Lamar and Pickens counties, since July 2001.

The CLE will be held in the Stephen D. Heninger Moot Court Room at the Birmingham HGD office. A holiday reception will follow the CLE.

Erik Heninger Guest Speaker for Barrister’s CLE

HGD’s Erik Heninger is a featured speaker for the Barristers Educational Services CLE on “Recent Developments in Alabama Law” in Birmingham on December 10. The topics include:

• Discussion of new cases, new statutes, & emerging trends of the past 12 months in 13 different areas of law
• Torts, insurance, civil procedure, family law, business law, federal developments, criminal law, ethics, and much more

Barristers Educational Services has been a leading innovator in continuing legal education for over 25 years. Known for its lively and uniquely interesting style of CLE, Barristers was founded in 1994 by William R. Newman, an attorney and professor with many years of “real-world” law practice experience.

Erik is a member of the State Bars of Alabama, Georgia and Mississippi and maintains a consistent presence in each state. The majority of his practice is devoted to representing individuals and businesses in civil litigation. While civil litigation is the vehicle through which he works, Erik’s passion is helping people who suffer from catastrophic injuries such as severe brain and spine damage.

He is very active in the American Association of Justice (AAJ) where he teaches trial advocacy and litigation techniques to other lawyers across the country. These trial colleges allow Erik to offer his knowledge and experience and also expose him to innovative ideas being used by other lawyers. Erik also focuses on the State of Alabama through his involvement with the Alabama Association of Justice (ALAJ), serving as an Officer since 2017.

Currently, Erik represents the 10th Judicial Circuit (Birmingham) as an elected member of the Board of Bar Commissioners for the Alabama State Bar. As part of his Commissioner responsibilities, Erik sits on the Alabama State Bar Character & Fitness Committee and the Disciplinary Rules & Enforcement Committee. Finally, he has been a member of the Birmingham Bar Executive Committee since 2016. Erik is “AV Preeminent” Rated by Martindale-Hubbell – the highest possible distinction conferred by both professional peers and judges. In 2013, he was inducted as a member of the American Board of Trial Advocates (ABOTA), an invitation only organization committed to preserving the right to trial by jury.