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Failure to Conduct Background Check on High School Teacher Leads to Sexual Assault

The Dinizulu Law Group represented Jane Doe, a former high school athlete, who accused a former staff member of repeated sexual assault when they were a minor. The school failed to protect the student from danger after delaying and disregarding a background check that should have disqualified the employee from the job.

The employee was hired by the high school in 2017 and was later promoted. During the employee’s tenure, he displayed inappropriate conduct. In another lawsuit filed by another former student, the employee was terminated from the high school after texts sent to Jane and other students were discovered by a parent, then administrators, and then Chicago police.

The high school could have prevented what happened to Jane; however, they failed to conduct a background check for the staff member until he was already working at the high school. The background check wasn’t performed until more than two months after he was hired. Had the high school conducted a proper background check, it would have shown he had a record of attempted kidnapping and an attempted sexual assault.

Supreme Court draft opinion would overturn Roe v. Wade

CHICAGO, IL – The U.S. Supreme Court has voted to strike down the landmark Roe v. Wade decision, per an initial draft majority opinion written by Justice Samuel Alito which was circulated inside the Court.

In 1973, Jane Roe filed a lawsuit against Henry Wade, District Attorney of Dallas County, where she resided, challenging a Texas law making abortion illegal expect by a doctor’s orders to save a woman’s life. In the lawsuit, Roe alleged that the state laws were unconstitutionally vague and abridged her right of personal privacy, which is protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.

The draft guaranteed federal constitutional protections of abortion rights and a subsequent 1992 decision – Planned Parenthood v. Casey – that largely maintained the right.

“We hold that Roe and Casey must be overruled,” Alito wrote claiming the “Opinion of the Court.” Joined by justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett stated, “We hold that Roe and Casey must be overruled.”

Chief Justice John Roberts asked the marshal of the U.S. Supreme Court to launch an investigation into the leaked draft opinion that suggests the high court is prepared to strike down the landmark 1973 ruling making abortion legal in all 50 states.

While not binding until its published, the leaked opinion provides a window into the high court’s thinking.

In the case at hand, which was argued in December, Mississippi asked the Supreme Court to overturn Roe v. Wade and uphold the state law that bans abortions after 15 weeks of gestation.

A New Way to Get Around Town

CHICAGO, IL – Over the weekend, the city of Chicago launched a pilot program of electronic scooters to see if they serve as a viable means of transportation for Chicago residents. More than 2,500 scooters through 10 different companies – including Bird, Bolt, Lyft, and Spin – are part of the program. The four month pilot program launched on Saturday the south west side.

Electric scooters push scooters with electric motors, allowing riders to stand upright while controlling the speed using a throttle and brakes. Rather than paying for an Uber or Lyft, the electric scooter could provide a new way for commuters to get to and from work, among various different locations.

Overseeing the program is the Department of Business Affairs and Consumer Protection and the Chicago Department of Transportation. They hope to keep e-scooters out of the Loop and away from traffic. Just as the city has biking lines, scooter rides are suppose to ride in these lanes, as well.

On the first day of the pilot program, 10 companies reported surpassing 1,200 rides.

Areas the e-scooter perimeter is between Irving Park Road on the north, city limits and Harlem on the west, the Chicago River and Halsted Street on the east, and the river on the south.

If a rider tries to bring the scooter downtown, it will actually slow down and eventually shut down according to co-founder of VeoRide, Candice Xie.

The rider is required to provide a photo of the scooter properly parked before ending their fare.

The trial run continues now through October 15. The city of Chicago will then asses feedback before making a decision whether this option would be good for residents of Chicago.

Nursing Home Neglect: “Granny Cams” in Long-Term Facilities

CHICAGO, IL – Nursing home abuse is a serious issue that as many as 10 percent of seniors reported experiencing according to the National Center on Elder Abuse. As staff members work longer hours and are understaffed, stressful situations arise and begin to take a toll on nursing home staff often leading to neglecting or even abusing patients.

Having the ability to monitor your loved ones gives family members a peace-of-mind and allows the ability to keep an eye on caregivers; in addition, it can be helpful for family members to observe if caregivers are using improper techniques that may injure a patient or serve as evidence if abuse is found.

As more states are beginning to pass legislation to govern the use of cameras in long-term care facilities, otherwise known as “granny cams,” it is important to note there can be requirements when using the camera. Louisiana is the last state to pass this legislation preceding Illinois, New Mexico, Oklahoma, Texas and Washington, if both the resident and roommate have consented. Each state law differs from the next addressing concerns of consent, notice requirements, assumption of costs, penalties for obstructing or tampering with the camera, and access to recordings.

Some nursing homes may have requirements due to the language in their admission contracts. For example, Utah permits cameras in assisted living facilities while New Jersey doesn’t have a law specifically allowing the use of recording cameras; however, has a program that lends cameras to families who suspect abuse or neglect.

If you suspect abuse or neglect, get help immediately. If your state does not have a law or rules regarding the use of cameras in long-term care facilities, or if you have questions about their use, you should consult an attorney to discuss your rights and options.

Truck Freight Tonnage Highest in 2018 – What It Means for Highway Safety & Truck Accidents

In 2018, the amount of cargo carried by the for-hire trucking industry rose 6.6 percent from 2017. This gain is the largest year-by-gain in freight tonnage since 1998.

As the trucking industry continues to transport larger loads of cargo, it is important to be mindful of the safety standards that come into play. Because a heavier and larger vehicle will take longer to stop, it is important that truck drivers and the trucking industry are properly following these rules put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules are:

  • Cargo loads must be properly secured following the respective industry standards.
  • A cargo load must not exceed the weight requirements for the particular truck the cargo is being loaded onto.
  • The truck driver, as a part of his shift, is required to inspect the cargo load, and make sure it’s securely loaded prior to driving that truck. Remember, truck drivers are required to undergo cargo safety training as part of their truck driver training in order to obtain a CDL license.

That being said, many trucking companies choose to bypass regulations for personal gain. These companies may take on more deliveries than they can safely complete. Or they may overload a truck beyond its maximum weight capacity.

When the trucking industry engages in such reckless practices, they are endangering the lives of their employees as well as everyone who shares the roads with trucks. When these companies make deliberate choices that compromise the safety of their truck drivers and others on the roadways, these companies must be held accountable before the law.

Imagine not being able to work or send your child to college due to an accident injury that’s caused by someone else’s negligence. No one who has suffered harm through no fault of their own should have to go through this. Our Chicago truck accident attorneys are here for you. Contact us at 1 (312) 384-1920, or 1 (800) 693-1LAW, or by email for more information. With over 50 years of combined experience, we will fight for your full and fair compensation.

Will Medicare’s New Payment System Prevent Nursing Home Neglect?

 

In 2016, nearly 11 percent of nursing home residents were sent to hospitals for conditions that might have been averted with better medical and staff oversight. This fiscal year, which runs October 2018 to September 2019, Medicare will implement a new system of accountability for nursing homes. To avoid hospital re-admissions of nursing home patients, medical will switch to a system of bonuses and penalties.

Through this fiscal year, the best-performing homes will receive 1.6 percent more for each Medicare patient than they would have otherwise. The worst-performing homes will lose nearly 2 percent of each payment. This move is intended to target nursing homes’ bottom lines.

Shifting financial incentives from the number of patients they house to the quality of care, Medicare is able to expand on its efforts to improve nursing homes.

Most nursing homes are for-profit and operate primarily on a basis of financial incentives. Therefore, it’s not uncommon to see nursing homes understaff their facilities and not provide care givers with the necessary tools and training to do their jobs.

Nursing home resident

The Dinizulu Law Group, Ltd. praises Medicare’s efforts to hold under-performing nursing homes accountable. We hope this strategy is successful in improving care for our elderly loved ones.

However, at the same time, we also need to address what will happen once under-performing facilities receive further budget cuts. After further Medicare cuts, will such facilities be even less motivated to hire or train adequate staff? And thus, will residents’ care in such facilities worsen?

While we won’t know these answers until we see the full effects of this Medicare policy, know that you can do something today if you or your loved one is suffering harm in a nursing home. There are legal options available right now that will hold the wrongful facility accountable and get the needed care for mom or dad. Schedule your free, initial consultation with the Dinizulu Law Group, Ltd. today. Our Chicago nursing home neglect attorneys have over 50 years of combined experience that we put to the test everyday fighting for injured victims. Contact us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email.

How to Find the Right Nursing Home for Your Loved One?

 

There are many factors to keep in mind when choosing the right nursing home for your loved one. Should you find one that’s located near your parent’s residence or near yours? Is my mom still independent or does she need nursing home care? As questions like these and many other come to mind a good place to start is by evaluating the quality of care in nursing homes you may be considering.

Many nursing homes participate in Medicaid and Medicare programs that are responsible for funding these nursing home care facilities in Chicago and nationwide.

Medicare has a 5-star rating system that evaluates nursing homes based on the quality of care they provide. Factors like inspection results and staffing levels and many others come into play to rank nursing homes accordingly. Anyone who is considering a nursing home for themselves or for a loved one should first look at how the nursing home in their chosen area ranks.

Problems such as understaffing can be revealed through these Medicare rankings. Know that understaffing is one of the major causes of nursing home neglect. Kaiser Health News recently reported 1400 nursing homes received lower rating due to shortages in staffing.

Gaps in understaffing have caused malnutrition or dehydration for elderly residents to the point where families have lost loved ones. Understaffing is also linked several other signs of neglect. Residents who have limited mobility are at a higher risk to develop bedsores and other infections that are likely to go untreated and turn into life-threatening conditions in understaffed facilities. Elderly residents are already at a higher risk to recover from common illnesses. Add a nursing home that doesn’t provide adequate care and serious harm can happen to a loved one.

While many caregivers mean well, they cannot realistically provide all the needed care for all residents if it’s their employer that’s cutting corners. Nursing homes make a deliberate choice to save expenses by not hiring the needed staff.  When the staff-to-resident ratio is unbalanced, nursing home neglect in a Chicago facility or elsewhere becomes inevitable.

While we encourage everyone to stay informed about the nursing home facilities in Chicago or elsewhere where you and your loved one may get the best care, nursing home neglect can happen in any facility. If you or your loved one is hurt in a nursing home due to lacking care, know that there are options for you. Contact the Chicago nursing home neglect attorneys of Dinizulu Law Group, Ltd. With over 50 years of combined experience, we have helped thousands of injured victims get justice and full and fair compensation at the time when they needed it the most. Reach our nursing home neglect lawyers in Chicago at 1-312-384-1920 or 1-800-693-1LAW, or by email.

Verbal Threats Are Still Nursing Home Abuse

When we think of nursing home abuse, we often think of elderly residents being hurt physically when care is lacking in a nursing home facility. Issues that often come to mind are:

  • Bed sores
  • Dehydration or malnutrition
  • Soiled clothes or linens
  • Bruises
  • Untreated infections

These physical forms of abuse can be investigated by the skilled and knowledgeable nursing home attorneys at the Dinizulu Law Group, Ltd. But it’s important to know that verbal and mental abuse is also common in nursing home facilities. In such cases, the law still guarantees you or your loved one protections. Verbal or mental abuses include threatening a resident by:

  • Yelling
  • Intimidation
  • Humiliation
  • Blame

Such examples include threatening to withhold food, intimidating the elder from socializing with visiting family members, or demeaning the elderly person for certain behavior. This type of emotional abuse can be silent as well, and this usually happens when a caregiver ignores the elder’s requests and needs.

While the physical signs of such abuse may not be immediately visible, the emotional and psychological impact of this abuse is damaging, and does ultimately have physical effects. Therefore, it is important to get help right away for your loved one. Know that Illinois law entitles you or your loved one to full and fair compensation if you or your family member has been affected by verbal or mental abuse.

At the Dinizulu Law Group, Ltd. our nursing home abuse attorneys in Chicago are dedicated, knowledgeable, and have over 50 years of combined experience. We hold those liable who have brought harm to you or your loved ones. Our verdicts & settlements have helped many families get answers and arrive at a place of security. Call our Chicago nursing home abuse lawyers at 1 (312) 384-1920 or 1 (800) 693-1LAW or reach us by email to get more info.

How Can “Black Boxes” Help in Your Truck Accident Case?

When you think of black boxes, you may typically think of them as being linked to an airplane crash. Anytime a plane crashes, the plane’s black box can be used  to investigate the cause of a crash and prevent the same from happening again.

A similar investigation can also be carried out using a commercial truck’s black box in the case of a truck accident. Referred to as ELDs (electronic logging devices), these black boxes capture significant information that help explain the cause of a truck crash. This includes:

  • Driver speed (including average speed)
  • GPS coordinates
  • Steering position
  • Braking activity, including whether the brakes were applied
  • Whether seatbelts were in use
  • Whether the driver slammed on his or her brakes

truck crash injury law

Since Dec 2017, most trucking companies are required to have an ELD installed in their commercial vehicles that has been registered with the FMCSA (Federal Motor Carrier Safety Administration).

While this black box is available in a majority of trucks, in the case of your truck accident the truck’s insurance company will oftentimes never volunteer this data to you. It takes a personal injury law firm with skilled and knowledgeable truck accident attorneys to gather this information for you.

When hiring a truck accident attorney in Chicago or elsewhere, it’s important to ask the personal injury firm in Chicago or elsewhere what type of resources they have available and what kind of experts they work with?  At the Dinizulu Law Group, Ltd. we work with well-qualified truck experts who can perform the necessary black box downloads and then interpret this data in a meaningful way.

These findings become critical in truck accidents involving disputed liability. When the truck company disputes fault and refuses to accept responsibility, as they often do, our experts’ findings have helped many recover fair compensation for their injuries. Check out our verdicts and settlements page to see these results. For a free, initial consultation with one of our Chicago truck accident lawyers, contact us at 1-312-384-1920 or 1-800-693-1LAW or by email.

 

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Quality Care Harder to Find for Residents with Mental Health Issues

 

Our elderly loved ones often need care in a nursing home if they face a mental condition like Alzheimer’s disease or other forms of dementia. This study performed by the University of Rochester School of Medicine and Dentistry in New York found that nursing homes with the highest Medicare rating are the ones least likely to admit patients with mental health conditions.

Even manageable conditions like depression and anxiety lower a resident’s chance of acceptance in the best facilities by 8%. With bipolar disorder, patients were 11% less likely to go to a five-star facility; the odds were 28% lower with schizophrenia, 27% lower with a substance abuse problem, and 32% lower with personality disorders.

Even after excluding dementia and Alzheimer’s disease, which are among the most common causes of nursing home admissions, people with other mental health conditions account for about 50% of all nursing home residents. Knowing these figures, we can only conclude that most five-star facilities are not accessible to the patients most in need.

As a result, what happens is patients with the most needs, such as those who need help with basic daily activities, such as bathing, dressing, and eating, end up in one-star facilities. These facilities receive low ratings due to violations in the quality of care. Meaning, these facilities are already not meeting their existing obligations to all their residents. Add a resident with many physical or mental needs to such a facility and the problem becomes worse.

When a resident with Alzheimer’s or another mental health condition has limited residency options and ends up in a one-star facility, that resident becomes more prone to nursing home neglect. One-star facilities have low ratings because they do not hire adequate staff, have poor training protocols, and may not even be well-versed in dealing with residents with mental health needs, even though many such residents are ending up in these facilities.

At the same time, we should all know that nursing home neglect can happen in any facility. The rate of nursing home neglect has been rising in Chicago and nationwide. Our Chicago nursing home neglect attorneys are here to help if you or your loved one has been harmed in a nursing home. With over 50 years of combined experience, we have recovered millions in verdicts and settlements. Our nursing home neglect lawyers are here for you. Call us at 1 (312) 384-1920 or 1(800) 693-1LAW, or reach us by email.

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