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What Types of Evidence Is Used for Nursing Home Neglect and Abuse Cases?

September 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 1.2 million people are living in nursing homes across the United States. Residents may live in a nursing home facility because they need help with daily tasks such as eating and bathing or may have long-term medical needs that families and other means cannot provide their loved one with. Many nursing home residents suffer from mental or physical disabilities that reduce their level of independence; therefore, nursing home staff must keep them as healthy and safe as possible.

Unfortunately, some nursing home residents are not treated with compassion and the competent medical attention they deserve. If you or your loved one has been a victim of abuse or neglect, you may want to bring a personal injury claim against the facilities and those who harmed you or a loved one. In order for your claim to be successful, you must show evidence of the nursing homes wrongdoing.

Elements of a Nursing Home Claim

To hold a negligent nursing home accountable and recover financial compensation for the abuse and/or neglect, you and your personal injury attorney will need to prove that:

The nursing home owed a duty to you or your loved one
The nursing home breached that duty
You or your loved one was injured as a result
The injuries resulted in damaged and/or financial costs

It can be hard to know exactly how a nursing home resident was injures – especially for those who suffer from a mental disability such as dementia or Alzheimer’s which affects their memory and cognition. To fully understand the circumstances, your personal injury attorney may gather evidence such as:

Care logs
Medical records and bills
Operating procedures, hiring practices, and staff training schedule
Surveillance footage
Photographs
Insurance claim documents
Testimony from witnesses
Testimony from “expert witnesses” such as medical professionals

Contact a Cook County Nursing Home Abuse Injury Attorney

Nursing homes have both an ethical and legal obligation to provide residents with the adequate everyday care and medical attention they need; however, sometimes they fall short. If a nursing home caused a resident to be injured due to their negligence or being intentionally abusive, the injured person may file a personal injury claim. To learn more about bringing a nursing home injury lawsuit against a negligent facility, contact the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation with an experienced Chicago personal injury attorney. Visit our website for more information.

DLG Has Taken Action to Continue Serving Clients & Welcoming New Staff

April 28, 2020/in Blog/by Yao Dinizulu

During this unprecedented time and dynamic nature of COVID-19, the Dinizulu Law Group would like to let our clients, colleagues, and friends know what steps we have taken to ensure we remain available to you during this uncertain time. It is our goal to continue to serve clients’ needs, while at the same protecting our employees. We have taken precautionary measures and will be working remotely with a plan in place to serve our clients in the weeks to come.

As we monitor and follow the recommendations by the U.S. Centers for Disease Control and Prevention (CDC), World Health Organization (WHO), and state authorities, we are continuing our operations remotely. Luckily, we have all of the technology we need to serve clients and are ensuring we do so successfully. You are still able to call or email your attorney as you normally would with any questions or concerns.

To shed some light on a dark time, we have recently decided to expand our firm and would like to welcome Brian Orozco and Layinka Bell to the Dinizulu Law Group staff.

Brian will serve as an associate attorney focusing on litigating. Brian is a California native who graduated with a B.A. from the University of San Diego (2008), prior to earning his J.D. from DePaul University (2012). Brian’s true passion lies in ensuring the safety and dignity of the less vulnerable in our community. Brian is dedicated to representing injured individuals in wrongful death, police brutality, nursing home abuse, and other serious injury cases. Brian previously worked at a plaintiff’s civil rights firm where he litigated excessive force, police shootings, and wrongful death caused by police departments, jails, and prison, in both federal and state court. Brian is fluent in Spanish and we look forward to expanding our clientele.

Layinka joins our firm as a paralegal and project management, advocating for Chicago communities of color that are historically underserved and unrepresented. Layinka was born and raised in Chicago and received her degree from DePaul University in Multi-Minority Social Justice and her Master’s from DePaul in Jurisprudence. Layinka brings twenty-six years of experience as a senior trial and litigation paralegal specializing in project management and organization of law firms. She began her legal career managing and monitoring tort claims for a general counsel of a large Chicago based corporation before transitioning into various large and small firms where she focused on trial management and readiness.

Our team is dedicated in a precedented way to ensure that client services are still offered during the COVID-19 crisis. As we learn more, we will let you know when we resume to normal operations. Courts in Illinois have been postponed until further notice. This may slow down the progression of some cases, but we are working diligently working on cases so they are ready to go when the deadline resumes. We are still in contact with defense attorneys and insurance companies to resolve your case. If you have any questions and need to contact us, please do not hesitate to contact us. We thank you for your trust and patience during this time. Most importantly, be safe and stay healthy!

How to Report Nursing Home Abuse or Neglect in Illinois

April 21, 2020/in Blog/by Yao Dinizulu

Nursing homes abuse is an all-too-common problem across the nation that leaves elders vulnerable, injured, and emotionally scarred. Studies have shown that most perpetrators are the caregiver or a family member. Incidents of abuse can usually stem from poorly trained staff members who violently lash out on residents or fail horribly to meet their needs. Fortunately, families have many options to report nursing home abuse or negligence.

Families can report suspected abuse, neglect, or exploitation by contacting:

Local police or law enforcement
Nursing home administrators
Medical expert, such as doctors or nurses
Long-term care Ombudsman
Senior HelpLine
Illinois Department of Public Health
Healthcare and Family Services for Supportive Living Facility Complaints
Illinois State Police Medicaid Fraud Unit

If you suspect abuse, it’s important to contact someone right away rather than letting a loved one stay in a possible abusive situation. Nursing home abuse often goes unreported due to fear, embarrassment, or because a resident is unable to communicate how they feel. Unfortunately, nursing home administrative staff are not always responsive to complaints. Some administrators may not want to report cases of abuse or neglect to the authorities out of fear that their nursing home will undergo a costly investigation. If you suspect that someone is in immediate danger, call 911 immediately – don’t wait until a tragedy occurs.

Long-term care Ombudsman are advocates for nursing home residents who are trained to assist people with concerns about the long-term care system, in which they work with various professionals to resolve complaints. Their primary goal is to improve the overall quality of care for the elderly.

An ombudsperson handles a variety of concerns, including:

Abuse or neglect
Lack of respect for residents
Poor quality of care
Improper discharge or transfer

You can assume that an elder individual has been abused if there are sudden changes in their behavior and personality, or tension between the elder and their caregiver. If you suspect abuse, look for additional signs of abuse and take pictures to document for reference.

According to the Nursing Home Abuse Center, signs and symptoms of abuse can include:

Physical abuse
- Unexplained broken bones, dislocations, or sprains
- Bruising, scars or welts
- Failure of proper medication
- Signs of restraint, i.e. rope marks on an elder’s wrist
- Broken glasses
- Caregiver refusing others to be alone with the elderly person
Emotional abuse
- Unusual behavior in the elderly person that could resemble symptoms of dementia, including mumbling, rocking back and forth, or sucking one’s thumb
- Belittling, controlling, or threatening behavior of the caregiver
Financial exploitation
- Change in the elderly person’s financial situation
- Unexplained withdrawals from the elderly person’s bank accounts
- Changes in power of attorney, life insurance policies, property titles or wills
- ATM withdrawals, especially when a senior is bedridden, and they couldn’t have done it themselves
- Lack of medical care in spite of having money to afford it
- Adding names to accounts or signatures to the elder’s credit cards
Neglect
- Unsafe living conditions, such as lack of heat or lack of running water
- Not bathing the person
- Soiled bed clothing, dirty clothes, bugs or dirty conditions
- Presence of bedsores from not turning the patient regularly
- Unusual weight loss or dehydration
- Leaving the elderly person alone in a public location
Sexual abuse
- Stained, bloody, or torn underwear
- Bruising near genitals or other unexplained infections
- Unrelated genital bleeding to a medical condition
Healthcare Fraud
- Lack of adequate training to the staff
- Insufficient amount of staff to care for the elder
- Evidence of poor care
- Evidence of getting too little or too much medication
- Duplicate bills for the same services or devices

Victims of nursing home abuse or neglect should not be left to defend themselves – they need the support and help of staff, caregivers, family members, doctors, and other residents to report abuse to the authorities. If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

Department of Justice Launches National Nursing Home Initiative

April 8, 2020/in Blog/by Yao Dinizulu

Attorney General William P. Barr announced the launch of the Department of Justice’s (DOJ) National Nursing Home Initiative (NNHI), which will investigate nursing homes nationwide that provide “grossly substandard” care to their residents. The DOJ indicated that it was dedicating significant resources to partner with the U.S Department of Health and Human Services and local and state prosecutors to respond to life-threatening quality of care issues the nursing home industry currently faces.

The DOJ is committed to combatting elder abuse and financial fraud, as it affects at least 10% of Americans every year. Elder abuse is an intentional or negligent act committed by any person that causes harm or a serious risk of harm to an older adult. Through enforcement actions, training and resources, research, victim services, and public awareness, the DOJ serves to prevent all forms of abuse and neglect.

The DOJ announced nearly 30 investigations in nine states that are currently underway. The NNHI focuses on identifying, investigating, and prosecuting the most problematic nursing homes nationwide, including those that:

Consistently fail to provide adequate care to residents
Failure to adhere to basic protocols of hygiene and infection control
Failure to provide residents with enough food so they become sick or weak
Withholding medication, or
Using physical or chemical restraints or sedating a resident, unless otherwise stated by the resident’s physician

For example, care failure can cause residents to develop pressure sores, or bedsores, down to the bone. Residents should be turned every 2 to 3 hours when laying in a bed, while they should be turned every 15 minutes when sitting in a wheelchair. If nursing home staff act carelessly or fail to do their job, they leave residents vulnerable to developing an illness, or in some instances death.

Federal regulators and law enforcement have had the authority to develop and enforce quality-of-care standards for nursing homes, while state regulators have traditionally played a leading role in investigating and prosecuting nursing homes for quality of care violations. The Department prosecuted claims under the False Claims Act (FCA) which relates to the federal spending on nursing home care for Medicare and Medicaid beneficiaries.

“The HSS Office of Inspector General continues to pursue nursing home operators who provide potentially harmful care to residents who are often unable to protect themselves,” said Chief Counsel to the Inspector General Gregory Demske. “Creating the Initiative sends a message to those in charge of caring for beneficiaries that substandard care will not be tolerated.”

The NNHI is part of a broader commitment by the Department to combat elder abuse and fraud, two things that often happen in nursing facilities. The Elder Justice Initiative (EJI) was developed in 2016, which will coordinate the NNHI. The task force is dedicated to coordinating the prosecution of elder abuse, including physical abuse, financial fraud or exploitation, caregiver negligence or abandonment, sexual abuse, or psychological abuse.

According to a press release by the DOJ, all entities must meet state and federal requirements and are encouraged to consider the following:

Reviewing all surveys over the past 5 years and addressing citations of substantial quality of care
Ensure all internal and external complaints are appropriately addressed
Ensure the entity has a compliance program that flags and escalates any complaints or concerns to ensure they are properly handled

Under the DOJ’s increased scrutiny, operators and investors in nursing homes, assisted living facilities, and other skilled nursing facilities are encouraged to discuss the quality of care standards and concerns.

If you or a loved one has experienced abuse or neglect at the hands of a caregiver, you will need an experienced nursing home neglect and abuse attorney. Our team has proven success in nursing home cases and will use our extensive legal experience to help you navigate the process and to get you full and fair compensation for you or your loved one’s injuries. To receive a free consultation, please call (312) 384-1920 or visit our website.

Nursing Homes Ban Visitors due to Coronavirus

March 12, 2020/in Blog/by Yao Dinizulu

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

Older adults
People who suffer from serious chronic medical conditions, such as:
- Heart disease
- Diabetes
- Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

Have supplies on hand
- Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
- If you’re unable to get extra medication, consider using mail-orders.
- Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
- Have enough household items and groceries to be prepared for staying at home for a period of time.
Take precaution
- Avoid close contact with anyone who is sick.
- Take preventable action:
  - Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
  - If soap and water is unavailable, use hand sanitizer.
  - Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
  - Wash your hands immediately after touching a surface in public.
  - Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
  - Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
  - Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
- If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
  - Stay at home as much as possible.
    - Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
- Difficulty breathing or a shortness of breath
- Persistent pain or pressure in the chest
- New confusion
- Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

Stay at home and call your healthcare provider.
Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
If you are not sick enough to be hospitalized, you are able to recover from home.
Know when to get emergency help.
Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

Vanessa Bryant Files Wrongful Death Lawsuit

March 4, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Attorneys for Vanessa Bryant have filed a wrongful death lawsuit against Island Express Helicopters Inc., the company that operated the helicopter, that killed her husband Kobe Bryant, daughter Gianna Bryant, and seven others. The lawsuit was announced the same day that thousands crowded Los Angeles’s Staple Center to honor the lives of the victims.

The complaint was filed February 24, the same day as the memorial for Kobe and Gianna Bryant. The complaint was filed in Los Angeles County Superior Court against Island Express Helicopters and Island Express Holding Corp. alleging Ara Zobayan, the pilot, failed “to use ordinary care in piloting the subject aircraft” and was negligent in eight ways, including failing to properly assess the weather, flying into conditions he wasn’t cleared for and failing to control the helicopter. The 27-count complaint names Zobayan’s estate as a defendant, seeking compensatory and punitive damages.

“Defendant Island Express Helicopters authorized, directed and/or permitted a flight with full knowledge that the subject helicopter was flying into unsafe weather conditions,” the lawsuit states.

Zobayan was cited by the Federal Aviation Administration in 2015 for violating the visual flight rules, that required him to see where he was going, when flying into reduced visibility airspace.

Kobe Bryant died “as a direct result of the negligent conduct of Zobayan for which the company is vicariously liable in all aspects,” according to the complaint.

The 1991 Sikorsky S-76B crashed into a hillside in Calabasas while traveling to a youth basketball game at Kobe Bryan’t Mamba Sports Academy in Thousand Oaks. All nine aboard the helicopter died.

A preliminary report from the National Transportation Safety Board found no engine or mechanical failure; however, the agency’s probe of the crash is ongoing.

Report Claims Nursing Home Kitchen’s “Horrible,” Endangering Residents Nationwide

October 10, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home facilities are now being investigated nationwide after an extensive investigation on nursing home kitchen’s are in “horrible” condition, leaving residents endangered. You may hear horror stories of elder abuse and neglect in facilities such as bedsores, bed bugs, or over-medicating residents, but food handling remains a consistent and overlooked hazard.

A five month extensive study was conducted by FairWarning, a non-profit organization that focuses on the public’s health, consumer, and environmental issues. FairWarning’s investigation is based on inspection reports, federal data, and interviews with residents and caretakers showed that residents nationwide are at-risk for foodborne illnesses due to unsafe and unsanitary kitchens.

Foodborne illnesses are a threat to any age group; however, people over 65 are especially susceptible due to weaker immune systems, chronic diseases, immobility, and any age-related changes in their digestive system. The most common incident’s that were not logged in any restaurant inspector’s notebook include: flies buzzing around food, cockroaches in the kitchen, moldy ice cream machines, debris stuck to food handling items, and mouse droppings across the top of the stove.

From 1998 to 2017, 230 foodborne illness outbreaks were reported by the Centers for Disease Control and Prevention. The outbreaks caused 54 deaths and 532 hospitalizations, and further sickening 7,648 people.

Not all cases were brought on by poor sanitation – some outbreaks were the result of contaminated food brought into facilities from the outside. Investigators reported that in one facility, the kitchen staff failed to check the sanitizer levels in the dishwasher and didn’t realize the injector was clogged. The facility’s administrator had no comment.

“There’s a huge under-reporting of food issues,” said Charlene Harrington, a nurse and professor at University of California, a researcher of nursing home quality.

Dangerous and Unsafe Food Handling

In Illinois, all workers in a restaurant and non-restaurant food establishment is required to have a Food Handler’s Safety Card, a certification that shows you know how to prepare, store or serve food, handle food equipment and utensils, or food-contact surfaces. All employees are required to obtain their Food Handler’s Card within the first 30 days of hire.

Food handling is the third most frequently cited violation in America’s estimated 15,700 nursing homes, behind infection control and accidents, according to the Centers for Medicare & Medicaid Services. These figures do not include assisted living, who create their own standards and have nearly no data collection nationwide.

Feds Propose Rollback

Thirty-three percent of nursing homes were cited for violating federal requirements to safely store, prepare and serve food. Genesis HealthCare, the nation’s largest for-profit nursing home chain with 400 facilities in 27 states, has more than 43 percent of nursing homes cited for food safety lapses last year.

A CDC spokesperson stated that the agency relies on voluntary reporting of foodborne illness from state, local, and territorial health departments, some of which have limited to no resources or training. Many illnesses go under-reported due to sick individuals not seeking medical care or a diagnosis.

In July, the Trump Administration proposed lower qualifications for directors of food and nutrition services, weakening the standards of an already broken system.

“They’re clearly weakening the standards regarding food service and the safety of food handling,” said Richard Mollot, executive director of New York’s Long Term Care Community Coalition.

Reoccurrences

Many of the same nursing homes are breaking standards of food repeatedly by skimping on resident’s dietary needs to increase profit. Since January 2016, nearly a third of nursing homes that were cited two or more times had the same food safety violation, according to the FairWarning report.

The report claims one Arkansas facility was written up seven times in the last three years, including “unsealed foods in storage, grimy kitchen appliances and staff with unwashed hands touching residents’ food,” inspection reports show. When the nursing home was cited the sixth time in July 2018, a government inspector asked the nursing director if she would eat the food that was being prepared in the facilities kitchen.

“No,” the nurse responded, according to the report.

Lack of Assisted Living Supervision

Assisted living facilities lack federal oversight, which food safety experts stated it could be a much worse living situation for residents. Audrey Kelly of Los Angeles said she quickly moved her 98-year-old mother out of a six-person assisted living facility this year after finding cockroaches in the kitchen.

“It’s not right. It’s really, really disgusting,” Kelly said.

Her mother, Sally, uses a wheelchair after suffering from multiple strokes, became ill after her stay at Toluca Lake Manor Senior Assisted Living in Sherman Oaks, California. She was suffering from stomach cramps and diarrhea.

In another assisted living facility, a Georgia woman who pays thousands of dollars a month, stated she has experience several food- related illnesses that confined her to her bed. She mentions the moldy cheese and lettuce that was being served at the salad bar.

Contact an Experience Nursing Home Abuse and Neglect Attorney

Within the coming weeks, we are sure to hear more information regarding food safety and standards in nursing homes and more people will speak out on their experience now that light is being shed on this. It’s important to contact an experienced nursing home abuse and neglect attorney as soon as possible rather than wait to see what the facility will do to change the problem – if they ever do.

Our attorney’s work diligently towards getting your loved one out of harm’s way and getting the justice they deserve. Due to the statue of limitations, we will need to begin to work on your case right away due to the time sensitive manner.

Please contact our office at (312) 384-1920 for a free consultation, or by visiting our website.

Contact:

221 N. LaSalle St., Suite 1100
Chicago, IL 60601

www.dinizululawgroup.com

Truck Accidents: Common Causes, Statistics, & What to Know if You’ve Been in A Truck Accident

September 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Commercial truck accidents are less common than car accidents; however, truck collisions have proven to be more catastrophic, and even deadly. There can be several factors leading up to a commercial-vehicle car accident, such as negligence on the manufacturer part, or perhaps the driver, and so forth.

According to GTG Technology Group, a transportation management system, there are five specific causes that may cause a trucking accident to occur:

Five Common Causes of Truck Accidents:

Driver Error
Truck drivers are required to work long hours, with regulations allowing them to work 60 hours over seven consecutive days. Some companies have tight deadlines and overcompensate by allowing drivers to work more hours than what they are allowed, resulting in drowsiness, or under the influence driving.A passenger vehicle weighs an average of 4,000 pounds, whereas a commercial truck typically weights 80,000 pounds. On average, 81 percent of trucking accidents caused by a driver error is due to a passenger vehicle. Many people are not aware of the dangers of truck accidents, which calls for a need to improve trucking defense driving techniques.

Equipment Failure
Equipment manufacturers may be at fault for neglecting production of a part, which can lead to a defective or dangerous component. A driver may not be the only one at fault; in addition, the parts manufacturer, a truck manufacturer, the company that sold the truck, and the mechanic who made repairs may be held liable.
Poor Vehicle Maintenance
The average truck driver is expected to drive between 2,000 and 3,000 miles per week which results in very poor vehicle maintenance. Truck companies, drivers, and maintenance crews must regularly maintain the fleet to keep up with these trucks; moreover, the truck driver must check their rig and submit a maintenance report before the start of every shift.
Weather
Poor weather conditions can test any drivers defense skills, especially truck drivers. Poor weather conditions lead to poor road conditions, making driving much more difficult. Rain, sleet, snow, and ice can be very difficult to drive on, causing a much longer stopping distance. The weight and length of the truck may skid, hydroplane, or jackknife.
Improper Cargo Loading
There are industry-specific rules and regulations when it comes to truck loading cargo into a commercial vehicle. There are certain state and federal regulations required of all drivers of any commercial motor vehicle such as size, weight, and length.

Drivers must ensure all cargo was properly loaded and in place for the duration of direction traveled. A minor mistake, like not properly securing cargo, or negligence, can lead to catastrophic accident on any roadway – regardless of weather.

Any type of accident can be scary, and colliding with a commercial truck can be fatal, but it is important to be proactive by educating yourself on how dangerous a truck collision can really be.

Truck Accident Statistics

The National Highway Transportation Safety Administration (NHTSA) stated in 2015 that over 433,000 large trucks were involved in a collision. In Illinois, there were more than 19,000 crashes involving large trucks in 2014. These crashes contributed to nearly 13 percent of all traffic fatalities that year. Contrary to popular belief, the majority of the crashes occurred in daylight and clear weather conditions.

How Many Trucks Are Really on the Road?

According to the American Trucking Association (ATA), trucks move more than 71 percent of the nation’s weight in freight. To put this in perspective, the trucking industry represented more than 79 percent of the nation’s freight bill in 2017 – that’s more than $700.1 billion in revenue.

In June 2017, the U.S. Department of Transportation totaled carriers on file with the Federal Motor Carrier Safety Administration totaled 777,240. Private carriers contributed 700,591 trucks while interstate motors totaled 80,247.

After an Accident:

Your safety is of the upmost importance – assess the situation and make sure you’re okay. Check to see if others involved in the accident are injured and proceed to call 911; if someone was injured, request an ambulance.

It’s important the police are notified of the accident so an official police report can be issued. Your insurance company will most likely ask for a copy later. Even if there is little to no damage, the police should be notified of the incident so an accident report can be filed.

Notify your insurance company that you’ve been in a truck collision. Others that were involved in the accident will have their insurance companies contact you. State the facts, but remember it’s important to say as less, as possible. It’s best to keep the conversation to a minimum whenever you are involved in an accident.

Contact one of our experienced truck accident attorney’s of Dinizulu Law Group, Ltd., for the help you need and seeking out the maximum recovery for our clients. There are many challenging factors in a truck accident case, and due to the statue of limitations, we will need to work on your case right away. Please call our office at (312) 384-1920 or visit our website for assistance.

Report Shows Nursing Home Abuse Increased But Extremely Underreported

July 29, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – A study recently conducted by the U.S. Government Accountability Office (GAO) shows an increase in nursing home abuse between 2013 and 2017, stating abuse deficiencies more than doubled. In 2017, abuse deficiencies were categorized at the highest levels of severity causing actual harm to residents or putting them in immediate jeopardy.

GAO identified the most common types of abuse and perpetrators including physical abuse (46 percent) and mental/verbal abuse (44 percent) were the leading forms of abuse, followed by sexual abuse (18 percent). Nursing home staff, which includes staff working in any part of the nursing home, are most often the perpetrators (58 percent), followed by resident perpetrators (30 percent), and other types of perpetrators (2 percent).

The federal law requires nursing homes to report allegations of abuse of reasonable suspicion of crimes committed against residents; however, Centers for Medicare & Medicaid Services (CMS) has not properly instructed nursing homes on what information should be included in incident reports. Furthermore, there is a lack of information given to state survey agencies which delays the determination of if an investigation should occur.

There are undeniable gaps in the CMS process for referring incidents of abuse to law enforcement, which can limit CMS’s ability to ensure nursing homes meet federal requirements to ensure residents are free of abuse. GAO noted issues relating to referring abuse to law enforcement in a timely manner, tracking abuse referrals, defining what it means to substantiate an allegation of abuse, and sharing information with law enforcement. GAO made recommendations for the respective issues addressed in gaps in the referral process.

Although physical, mental, and verbal abuse is less common than neglect, the review shows a substantial increase in abuse deficiencies cited in nursing homes. The study specifically highlights the largest increase in severe cases. The report notes imperative changes CMS must make to have information complete and readily available, in addition to reporting incidents to law enforcement upon reasonable suspicion a resident is in danger.

General Evidence of Abuse

A loved one may be experiencing abuse if there is a sudden change in their behavior and personality, and/or tension between an elder and their caregiver. The Nursing Home Abuse Center mentions signs and symptoms to look for if you suspect a loved one is being abused.

Physical Abuse

Unexplained broken bones, dislocations, or sprains
Bruising, scars or welts
Failing to take medication properly
Signs of restraint
Broken eyeglasses
Caregiver refusing to let you be alone with the elderly individual

Emotional

Unusual behavior that can resemble symptoms of dementia, including mumbling, sucking one’s thumbs, or rocking behavior
Witnessing the caregiver belittle, control, or use threatening behavior towards elderly person

Sexual Abuse

Unexplained STDs of other genital infections
Bruising on body
Stained, bloody, or torn underwear

Nursing home and elderly abuse is not limited to just abuse – neglect, health care fraud, and financial exploitation are all forms of abuse to consider. If you or a loved one has experienced or suspect elderly abuse is occurring, please contact Dinizulu Law Group, Ltd right away at (312) 384-1920 or by visiting our website. Due to the statue of limitations, we must begin working on your case right away.

Boeing Offers $100M to Those Affected by Crashes, Families Have Not Heard Directly from Boeing

July 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Boeing Co. has offered $100 million to help families and communities affected by the deadly crashes of its 737 MAX planes in Ethiopia and Indonesia. Families are still mourning after the tragic accident that occurred on March 10, 2019.

Ethiopian Airlines Flight 302 was scheduled to fly internationally from Addis Ababa Bole International Airport in Ethiopia to Jomo Kenyatta International Airport in Nairobi, Kenya. Six minutes after takeoff, the aircraft crashed near the town of Bishoftu killing all 157 people aboard.

Flight 302 is the deadliest accident involving an Ethiopian Airline craft to date that affected farmers in Ethiopia, victims’ families and relatives, and Kenyan and Ethiopian governments have still not heard about the funds.

Farmers lands were destroyed after crashing into fields and has been fenced off since; however, the site is filled with debris still and farmers can’t afford to rent plots elsewhere.

According to Reuters, Boeing said in a statement last week, “These funds will support education hardship and living expenses for impacted families, community programs, and economic development in impacted communities.”

Another crash in Ethiopia in October 2018 on a Lion Air aircraft killed 346 people. After the investigation concluded, it was said both pilots, flying Boeing’s new 737 MAX 8 model, struggled to override an automated system that pointed plane’s nose down.

Boeing has yet to reach out to families, farmers, or authorities directly. The 737 MAX was grounded worldwide after the second crash. Regulators must approve a fix and implement new pilot training before jets can fly again.

Some families are asking the money to be put towards a memorial at the crash site to honor their loved ones; on the other hand, some have requested Boeing fund professional counseling.

There were people from 35 countries abroad the Ethiopian Airlines flight that crashed. The Dinizulu Law Group, Ltd. offers our deepest condolences to those affected by the Boeing crashes. The Dinizulu Law Group, Ltd. is located in Chicago, IL where Boeing is currently faces litigation from some of the families affected.

Contact: www.dinizululawgroup.com or call 1(800)-693-1LAW(1529)