March 26, 2013 by Domnitz & Domnitz, S.C.

Nursing Home Negligence Information for Milwaukee Families

Discerning sufferings from age and sufferings from abuse in nursing homes

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Tuesday, March 26, 2013.

Understanding when an elderly loved one is simply exhibiting signs of an aging mind and body, and when they are exhibiting signs of abuse in a nursing home can be difficult. However, there are some warning signs to remain on high alert for that could indicate a loved one is being abused rather than simply reflecting their age.

Of course, physical markings, bruises and cuts should raise alarm. Bruising and small cuts are not unusual on elderly individuals, but an individual should be particularly concerned if their loved one has these signs on areas that are not highly visible like the upper back or thighs. Another serious problem in nursing homes is dehydration or malnutrition. If the resident is losing weight or experiences a significant loss of muscle strength, this could be a sign of staff failing to get the residents enough to eat and drink.

Ultimately, in such scenarios a loved one will really have to rely on their intuition, and assessment of the situation and their elderly loved one. If a family member senses that something is off, ask questions of the staff.

An associate dean of research that studies long-term care at the University of Wisconsin-Madison’s School of Nursing says, “I have never seen a place with strong, involved leadership that had bad care.” This means that the staff should be familiar with policies and improvements. Accordingly, nursing home staff should be present and available, press them for answers in instances of concern. If the staff doesn’t know and doesn’t want to help, this could be an indication of a serious problem.

If an individual ever has suspicions that their loved one is being neglected or abused at a nursing home in Wisconsin and asking questions does not yield answers, more may need to be done. When answers are not forth coming, it could be critical to speak with an experiencedMilwaukee personal injury attorney to protect an individual’s elderly loved one.

Source: U.S. News and World Report, “9 Warning Signs of Bad Care,” Kurtis Hiatt, Feb. 26, 2013

February 25, 2013 by Domnitz & Domnitz, S.C.

Attention Milwaukee Insurance Claim Seekers

Have you had your claim denied by your insurance company?

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Insurance Claims on Monday, February 25, 2013.

Even minor motor vehicle accidents in Milwaukee or elsewhere in Wisconsin can be a headache for victims. Accordingly, most drivers across the state avoid distracted driving when behind the wheel in order to mitigate the risk of a crash. However, there are several variables for which most drivers cannot do anything to combat no matter how safe of a driver they are.

For example, drivers in Wisconsin can do little to protect themselves from inclement weather, road debris, deer, and other distracted or negligent drivers. Wearing a seatbelt can increase a driver’s safety if they are confronted with one of these variables, but beyond that, most drivers are trusting that their insurance policy will assist in covering the damages to a vehicle and the individual in the event that a car accident does occur.

However, some individuals may not necessarily understand what their policy covers. There are all kinds of insurance policies available: comprehensive coverage, collision coverage, property damage liability coverage, it is enough to make anyone’s head spin.

At times, an insurance company will act in bad faith following a motor vehicle accident in Wisconsin. When an individual pays for insurance coverage, the insurance company has entered into a legally binding contract in which they must pay the due benefits an individual is owed following an accident. Unfortunately, insurance carriers have been known to deny claims without a reasonable basis, which is illegal.

Many individuals in Milwaukee do not realize that they are able to dispute a denial in order to seek recovery. An experienced insurance dispute attorney can assist an individual that has been victimized by an insurance company under similar circumstances. In the case of many accidents in Wisconsin, when an insurance policy has been purchased and the premiums have been paid, an individual is entitled to their due benefits under that policy.

Source: The Boston Globe, “Does your auto insurance cover that damage?” Michelle Singletary, Feb. 17, 2013

If you think you have a Milwaukee insurance claim that has been unfairly denied, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

January 31, 2013 by Domnitz & Domnitz, S.C.

Another Case of Elder Abuse in Wisconsin

Wisconsin woman charged with abusing elderly patient

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Thursday, January 31, 2013.

The thought of someone abusing an elderly individual is so unsettling that many of us cannot stand the thought of such a situation. Unfortunately, there are people that victimize vulnerable individuals put in their care. Accordingly, a 50-year-old Wisconsin employee of a nursing home in New Lisbon has been charged with abusing a patient under her care.

Reportedly, the 50-year-old nursing home employee was seen by multiple certified nursing assistants to be physically and verbally abusing an 86-year-old patient. One employee reports hearing the woman threatening to break the victim’s fingers.

Accordingly, this awful woman has been criminally charged with felony counts of abuse of a patient and aggravated battery. In similar situations where an elderly individual has been victimized through abuse or neglect in a Wisconsin nursing home, the family can also pursue further justice through a nursing home abuse and neglect claim.

When a vulnerable, elderly individual is abused, this can cause serious consequences that extend beyond the cuts and bruises an abuser might inflict. Such abuse can severely impact an individual’s will to live, often causing the victim to struggle in the midst of a defeated mental state. In some instances this can mean that a victim will stop eating and become malnourished.

In order to protect an elderly individual from an abuser and the secondary consequences of such abuse, it is important for families that have suspicions that their loved one is being abused to address this issue as quickly as possible. If it is found that an elderly loved one is being abused in a nursing home, a family should first make sure the victim is safe and then consider seeking the advice of an experienced attorney in order to pursue some form of justice on behalf of a loved one.

Source: Juneau County Star-Times, “Suspect in nursing home abuse case waives hearing,” Peter Rebhahn, Jan. 22, 2013

Our firm has experience assisting families that have been similarly impacted when their loved one has become a victim of nursing home abuse or neglect in the Milwaukee area. For a free consultation regarding a case of elder abuse in Wisconsin, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

December 12, 2012 by Domnitz & Domnitz, S.C.

Wisconsin Personal Injury Lawyer Shares Inspiring Story

Success story of Wisconsin car accident survivor

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Car Accidents on Wednesday, December 12, 2012.

Often, talk of health care reform and improved education from politicians begins to sound trite and like more promises from figures that are mostly looking to secure votes rather than effect reform. These topics can begin to feel like buzz words that are used to sway a voter, but ultimately won’t mean much.

Not to a 32-year-old woman from Antigo, Wisconsin, that has been unofficially voted into the Arizona legislator. The woman has lived through the struggles she aims to reform for others. After graduating from Elcho High School in 1997, the woman was with a male friend when the pair was in a car accident after their vehicle traveled off of a dark road after a graduation party. Unknown to the two travelers, the vehicle struck a utility pole, knocking a live power line to the ground.

Investigators think the pair, uninjured on impact and able to leave the vehicle, were holding hands when the male friend stepped on the live wire. He died instantly from the electrical shock, and the young woman suffered extremely serious injuries. She had to quickly be airlifted to University of Wisconsin Hospital in Madison. When she was well enough to go home, the young woman had significant scaring, lost an arm and was legally blind due to cataracts developed from the shock.

This young woman had just graduated high school. That is an age at which a young adult reaches a crossroads, they leave behind childhood and venture off into a new chapter. This woman had her plans radically altered from her intended course, but she did not let this stop her. She went to college, graduated not only on time and with a double major, but was the first in her family to graduate with a bachelor degree. Then she went on to get an advanced degree and now she has seen success in her campaign.

Typically, we detail terrible accidents in which individuals and families have their lives profoundly disrupted by car accidents. Today, while the events detailed above outline a horrific accident, there is a message of hope and inspiration in what one car accident victim form Wisconsin has continued to be able to accomplish in her life despite the misfortune that found her.

Source: AZCaptiolTimes.com, “Wisconsin native overcomes injury, now Arizona lawmaker,” Associated Press, Dec. 3, 2012

To schedule your free initial consultation with a Milwaukee personal injury attorney, please call 414-289-0909 today. Hiring a Wisconsin personal injury lawyer after an accident is one of the first things you should do to protect your rights.

November 2, 2012 by Domnitz & Domnitz, S.C.

South Milwaukee Wrongful Death Case Settled with Nursing Home

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 2, 2012.

A settlement was recently reached regarding a wrongful death case out of a nursing home in South Milwaukee. A 90-year-old resident was reportedly raped by another resident that was also 90-years-old, and known to be acutely sexually aggressive, in Jan. 2009. It appears that 18 days after the attack, the victim died.

The attacker was transferred to an alternate nursing home, and was deemed mentally incompetent and therefore not criminally charged. However, it is reported that before this resident attacked the victim, he was shortly before prevented from assaulting a separate resident. After the first attempted attack was thwarted, the sexually aggressive resident was left unattended by the residing nurse.

The family of the victim that died after being sexually assaulted filed a wrongful death claim on the grounds that the South Milwaukee nursing home did not provided their nurses and other staff with adequate training regarding sexual assault between residents, which resulted in a sequence of events transpiring that ultimately lead to their family member’s death.

The case went before a jury for four days before a settlement was reached. Both sides declined to comment on the terms of the settlement so the exact figure is not presently public knowledge. While financial compensation will not erase the pain the family endured knowing this was the end their loved one suffered, hopefully the settlement can bring some sense of closure. Additionally, hopefully this tragic case will raise awareness and prevent similar instances from occurring in the future in Wisconsin or elsewhere.

Source: Milwaukee-Wisconsin Journal Sentinel, “Nursing home rape case settles mid-trial,” Bruce Vielmetti, Oct. 16, 2012

Our firm has experience handling similar cases. For more information, please visit our Milwaukee nursing home wrongful death page. If you need legal representation for the wrongful death of a loved one, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

October 23, 2012 by Domnitz & Domnitz, S.C.

Could Norovirus Outbreak Mean Increase in Milwaukee Nursing Home Deaths?

Study: Norovirus in nursing homes leaves residents susceptible

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Tuesday, October 23, 2012.

It can be a painful and trying experience to care for an aging parent. As an individual watches the person that was their first hero become unable to care for themselves on their own, a difficult decision is often reached. Unfortunately, it is not always an option for an adult child to quit their job and devote all of their time to caring for an aging parent, so the child will often opt for a nursing home. Across the country, including in Wisconsin, it is estimated that there are around 3.3 million residents in nursing homes. A study was recently conducted of Medicare-certified nursing homes across Wisconsin and two other states looking at death and hospitalization rates.

The study specifically looked at outbreaks of norovirus in nursing homes and the corresponding death and hospitalization rates. The concluding results found a significant correlation between the risk of residents being hospitalized and dying from all illnesses — rather than just norovirus — increased during times of norovirus outbreak in nursing homes in Wisconsin and the other states. Additionally, researchers found an even stronger correlation with this in nursing homes that had a smaller ratio of daily registered nurses to residents. This correlation appeared to hold up even after the study account for periods in which mortality rates are elevated due to the time of year.

Milwaukee nursing home deaths are relatively rare, but it is important that when a family decides to puts an elderly member in a nursing home, the family trusts that their loved one will be care for. In too many cases, nursing homes neglect their patients due to understaffing or not enough resources. However, this excuse isn’t really good enough for a family that loses a loved one because they weren’t looked after. All residents of our society deserve proper care, including our most elderly residents of Wisconsin.

Source: Infection Control Today, “Norovirus Outbreaks in Nursing Homes Associated With Increase in Hospitalizations, Risk of Death,” Oct. 22, 2012

If an individual suspects that their family member could be a victim of neglect in a nursing home and would like to learn more about options available to them, they may wish to visit our Milwaukee nursing home abuse page. If you need legal representation to bring suit against someone for nursing home abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

October 12, 2012 by Domnitz & Domnitz, S.C.

Collision with Deer Can Prove Fatal for Milwaukee Bikers

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Motorcycle Accidents on Friday, October 12, 2012.

It’s dark, you are focused on the road ahead, but your mind drifts into the comfortable lull associated with highway traveling as you listen to the radio. A flash of something, you don’t know what, streaks across your vision and you slam the breaks, or swerve your steering wheel in an attempt to dodge the creature. Too late, you slam into the deer. This is a relatable and familiar scene for many Milwaukee residents.

We do have a significant population of deer here in Wisconsin. While it is always important to remain alert for deer, it is especially important now that it is mating season and the creatures are on the move. Typically, Wisconsin drivers want to avoid them because of the damage striking a deer can have on their car. Rarely do Wisconsin drivers worry for their lives at the prospect of encountering a deer. However, collisions with deer can be fatal, particularly for motorcyclists.

According to one AAA spokesperson, motorcyclists need to be especially alert, “Because they are riding on two wheels, motorcycle riders and their passengers are especially vulnerable when they smash into a deer. Such motorcycle-deer strikes can be frightening and even fatal.”

Whether it is a collision with a deer or an inattentive driver, motorcyclist can stand to befall catastrophic injury. Being thrown from a motorcycle can mean that the operator suffers minor scrapes and bruises, or is rendered paralyzed by a spinal injury. In the worst of scenarios, death can result. If a Milwaukee motorcyclist is seriously injured by another driver, there is recourse available to them in some instances. If you need legal representation following an accident with a deer, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

Source: The Washington Post, “Deer take a fatal toll on motorcyclists,” Ashley Halsey III, Oct. 8, 2012

February 24, 2012 by Domnitz & Domnitz, S.C.

Milwaukee Nursing Home Abuse Attorney Shares Dismal Numbers

Little improvement in low ranked nursing homes

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Friday, February 24, 2012.

An analysis of federal data on the quality of care in U.S. nursing homes shows that 564 of them given a one-star rating (out of five) from the U.S. government have not improved at all in the last three years. There are 77,315 beds in these facilities. Many patients, sadly, are subjected to substandard care and sometimes even nursing home abuse.

According to a USA Today article, in some states a significant number of the nursing homes available to care for the elderly and disabled have failed to improve, including several in Wisconsin. The ratings issued by the Centers for Medicare & Medicaid Services place 8 percent of the nursing homes in both Pennsylvania and Louisiana in this lower tier, with over 10 percent of Georgia nursing homes categorized in the weakest category.

Unacceptable conditions at some of these nursing homes might include filthy sanitary conditions, including dirty linens and equipment, mistreatment of the residents and the use of unlicensed and unqualified caregivers or specialists. These conditions were first revealed in 2008 when the federal government started giving ratings to nursing homes.

Bothered by the ratings, some groups in the nursing home industry insist that the ratings are unfair and “simplistic.” Yet the recent ratings update shows that the worst of such homes remain relatively unchanged, and that new patients continued to be placed there when they simply had nowhere else to go.

Nursing homes ranked with one or two star ratings still comprise 35 percent of all nursing homes.

Do you need legal assistance from a Milwaukee personal injury attorney for a case of nursing home abuse? Contact Domnitz & Domnitz, S.C. today for a free initial consultation.

October 21, 2011 by Domnitz & Domnitz, S.C.

Man Suffers Serious Injuries in Milwaukee Hit-and-Run Accident

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Motorcycle Accidents on Friday, October 21, 2011.

A very serious hit-and-run accident occurred last week in Wisconsin. A single father was riding his motorcycle in Milwaukee at 51st Street and Capitol Drive. He was just heading out to visit his brother when a blue van struck him down. The driver of the van sped away and left the victim for dead.

The father is now struggling for his life at Froedtert Hospital. He remains in intensive care after suffering severe injuries to his legs, ribs, lungs and chest. After two major surgeries, it does appear that he has a good chance of surviving this tragic hit-and-run accident. However, he has a long road ahead of him and it is possible that he will suffer from the effects from the crash for a long time to come, physically, mentally, emotionally and financially.

Unfortunately, the driver of the hit-and-run vehicle, and the vehicle itself, has yet to be located. Family members are hoping that their plea for any information will procure some clues as to what happened and who was responsible for this terrible accident. Hopefully, nearby video surveillance will shed some light on the hit-and-run vehicle and driver.

This story is just another reminder of how serious motorcycle accidents can be. When other motorists on the road are negligent and crash into a motorcycle, the injuries can be very severe and many times result in a wrongful death.

Thankfully, it looks like this father will survive the crash. However, it will be very important to locate the responsible driver to hold him or her accountable for this man’s serious injuries. In the meantime, this single father of two will need the help of an experienced attorney who can gather all of the facts that are available and make sure that this accident in thoroughly and carefully investigated.

Source: Fox6now.com, “Single father in intensive care after almost-deadly hit and run,” Henry Rosoff, Oct. 18, 2011

If you need legal representation following an accident, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

April 6, 2011 by Domnitz & Domnitz, S.C.

Blog Update from Fatal Injury Lawyers

Parents of toddler file wrongful death case against H&P Industries

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Wednesday, April 6, 2011.

This blog update from fatal injury lawyers with Domnitz & Domnitz, S.C. involves local business H&P Industries. On January 5, Hartland-based H&P Industries announced a recall of all of the alcohol prep pads, alcohol swabs and alcohol swabsticks it manufactures under the brand name Triad Group. Some of the over-the-counter medical products are suspected of being contaminated with a deadly bacterium, bacillus cereus. At the time, it was not believed there had been serious injuries from the contaminated alcohol wipes and swabs.

On Tuesday, the parents of a two-year-old Texas boy filed a wrongful death lawsuit against the Wisconsin company, claiming that Triad alcohol wipes contaminated with the bacteria were used on their son during treatment at a hospital. He died from a bacillus cereus infection.

“After the FDA recall…[t]he mother of this little boy who died realized that the reason for the recall was because of contamination with the exact same bacteria that killed her son…and that’s when the connection was made,” said the family’s attorney.

According to the attorney, the FDA repeatedly asked H&P Industries to stop production of the tainted alcohol wipes, and an FDA inspection found numerous problems at the plant that could lead to contamination, including plumbing issues. It also found that the type of material used in the pad and the foil wrappers were potential sources of bacillus cereus contamination in both sterile and non-sterile alcohol prep pads.

In addition to the product recall, the U.S. Marshals Service and the FDA recently seized materials from H&P Industries in connection with the ongoing investigation. At least two other product liability lawsuits have been filed against the company.

Sadly, the attorney representing the toddler’s family says theirs is not the only personal injury or wrongful death claim he is aware of. His firm has been receiving five to ten contacts a day from others affected by tainted alcohol wipes and lubricating jelly thought to have been manufactured by H&P. More lawsuits involving injuries to children or adults are likely.

Sources:

WITI-TV Milwaukee, “Family of dead toddler files lawsuit against Hartland’s Triad group,” Beverly Taylor, April 5, 2011
Press release, “Triad Group Issues a Voluntary Nationwide Recall of All Lots of Alcohol Prep Pads, Alcohol Swabs, and Alcohol Swabsticks Due to Potential Microbial Contamination,” January 5, 2011

Do you need legal help from a Milwaukee personal injury attorney? Contact Domnitz & Domnitz, S.C. today.