July 10, 2008

Allstate Insurance listed as 'worst insurer' in report

Ray De Lorenzi writing for the American Associate for Justice reports that "Allstate ranks as the worst insurer for consumers" with their tactics of "Deny, Delay, Defend." The Association for Justice did an extensive review of legal documents and financial filings and ranked the 10 companies that "refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries and raise premiums while hoarding excessive profits."

The Association says that Allstate has an aggressive strategy of denying claims at any cost. According to the Association, agents were rewarded with items like refrigerators for falsifying documents like claiming that a fire was arson.

To view the Association's report "The Ten Worst Insurance Companies in America -- How they Raise Premiums, Deny Claims and Refuse Insurance to Those Who Need It" -- click here. The reports lists the following companies as the 10 worst:

  1. Allstate - for having an aggressive strategy to deny claims
  2. Unum - for claiming a multiple sclerosis patients symptoms were "self-reported"
  3. AIG - for engaging in fraud
  4. State Farm - for its deny and delay tactics
  5. Conesco - for making claims processing so difficult that elderly patients either died or gave up
  6. WellPoint - for canceling the policies of pregnant women
  7. Farmers - for offering the staff incentives for having low claims
  8. UnitedHealth - for delaying claims and reimbursing low.
  9. Torchmark - for preying on low-income and minority policy holders.
  10. Liberty Mutual - for adopting aggressive tactics and refusing to renew policies.

After you read this full report, you'll realize that having a skilled personal injury attorney is vital when you have been involved in serious accident, been a victim of malpractice or lost a family member because of the negligence of another person.

When looking for a skilled personal injury attorney, we hope you'll talk to us. At The Farber Law Group, we have more than 30 years experience in representing people with serious injuries and families with wrongful death claim. We will work for you on a contingent fee basis, that means that you do not pay any attorney's fees unless we collect a settlement The major insurance companies use computerized claims adjusting and it helps them offer low and unreasonable settlements. With the help of the professional injury attorneys at our firm, we will be proactive on your behalf.

Read some of our tips on how to deal with insurance companies:


June 29, 2008

$6 million wrongful death verdict in nursing home death

The family of an 81-year-old patient in a HCR Manor Care facility was awarded $6 million dollars in a case of nursing home abuse and neglect after the patient was given an overdose of morphine. In awarding $6 million, the jury found that Manor Care facility in Tucson, was negligent in giving Sylvia Culpepper twice the prescribed dosage of morphine. Manor Care also has facilities in Lynnwood, Gig Harbor, Spokane and Tacoma, Washington.

According to court transcripts, Culpepper was being treated for sciatica, a nerve condition that causes pain. When her physician changed her dosage of morphine, Manor Care erroneously gave her both the old dosage and the new dosage. The jury found that the nursing home was to blame for failing to recognize a morphine overdose and for not having adequate staffing.

In many cases of nursing home abuse or neglect, inadequate or poorly trained staff is the cause.

If you or a loved one has suffered a serious injury or died as a result of nursing home staff negligence or abuse, you should contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

See our Nursing Home & Elder Abuse Resources.

June 11, 2008

Washington State revokes license for Colonial Adult Family Home Care in Lacey

The Olympian reports that the license for The Colonial House Adult Family Home Care in Lacey, Washington has been revoked by the State Department of Social and Health Services. The license revocation means that the facility cannot accept any new residents or previous residents can not be re-admitted.

According to the report, the Colonial violated several regulations which could affect "the safety and well-being of residents." The violations include:

  • Failure to maintain a safe medication system
  • Failure to take care of a resident's behavioral care needs
  • Failure to properly administer medication
  • Failure to accurately maintain a medical log for a patient

In many cases of nursing home neglect we represent in our office, they are caused by the nursing home or care facility cutting costs with their staff. The home may not have adequate staffing or the staff may not be properly trained.

The Federal Government regulates nursing homes. Because nursing homes often receive Medicare or Medicaid moneys, they must meet federal standards. The Omnibus Budget Reconciliation Act (OBRA-87) defines a comprehensive set of nursing home regulations to ensure that each resident receives care "to attain or maintain the highest practicable physical, mental and psychosocial well-being."

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

Check out our Nursing Home Resources.

April 15, 2008

Senators present "Fairness in Nursing Home Arbitration Act"

United States Senators Mel Martinez (R-FL) and Herb Kohl (D-WI) presented a bill which is intended to protect the rights of residents of nursing homes, Fairness in Nursing Home Arbitration Act. Increasingly, nursing homes require patients to sign a document stating that they will agree to arbitration to solve any disputes with the nursing home upon entering a nursing home. This closes a patient's options to take other legal actions in cases of abuse or neglect. Senator Kohl said, "Nursing home residents, one of our nation's most vulnerable populations, must not lose their right to hold nursing homes accountable in the event of abuse or neglect."

The bill does not prevent arbitration but ensures that "arbitration is voluntary and not coerced." If the bill passes, nursing home residents will no longer have to sign away their rights in handling disputes prior to entering into a nursing home facility.

If you or a loved one has suffered a serious injury due to nursing home abuse or neglect, do not hesitate to contact The Farber Law Group. At The Farber Law Group, we are experienced in handling nursing home abuse cases. Contact us today for a free case evaluation.

April 6, 2008

Federal Way nursing home assistant arrested for killing patient's wife

The Seattle Times reported today that 24-year-old Kent man was arrested on suspicion on killing the wife of one of the patients at the Garden Terrace Alzheimer's Center of Excellence where he worked. Jane Britt, 75, was found dead in the trunk of her car on March 19 in the center's parking lot; She had been beaten and strangled. Police said that Britt regularly visited the Center to visit her husband who has been a patient there for two years.

Police Commander Stan McCall said that DNA collected from Britt's body matched the DNA of an assistant at the Center. The man was arrested and will appear at a bail hearing in King County today. The Seattle Times said they do not release the name of a suspect until they are charged.

Police have not yet mentioned a motive for the slaying but they did say some of Britt's clothing had been removed.

According to the U.S. Department of Justice, the elderly usually experience less violent and property crimes than younger persons. Elderly victims are also less likely to protect themselves against violence by running away, fighting off their offender or calling for help.

In our society as the number of elderly increase, we do see an increasing amount of elder abuse in home care settings and in nursing homes. Elder abuse can take the forms of `general neglect but also financial manipulation, physical abuse and sexual abuse.

If one of your loved ones has been seriously injured or died as a result of nursing home staff negligence or abuse, contact The Farber Law Group, a law firm that specializes in nursing home abuse and neglect.

March 16, 2008

Coroner in Longview, Washington to Investigate All At-Home Deaths

The Daily News Online reports that the Cowlitz County Coroner has adapted a new policy and will now investigate all at-home deaths. The County Coroner, Tim Davidson said that they would also investigate deaths at nursing homes if the patient did not die of natural causes. The change in the coroner’s policies is because of concerns of the problem of elder abuse. Corner Davidson and his Deputy Brett Dundas said they will staff the coroner’s office 24 hours a day to ensure that elders who have been abused or neglected will not be buried without documentation of their condition taken place.

Coroner Davidson said he estimates that the office will review about 200 more cases a year due to the change in policy. The Daily News Online says that the policy change stems from concerns of family members who fear that their Grandma or Grandpa was abused which caused their death. He believes that there is a huge problem with elder abuse.

Elderly patients are some of our most vulnerable citizens. Often they cannot speak up for themselves. Hopefully, the coroner’s action will send a message to everyone that cares for the elderly that abuse will not go unnoticed.
elder abuse

If one of your loved one has been seriously injured or you believe that their death was a result of neglect or abuse, you need to seek legal counsel. The Farber Law Group, with a depth of experience in protecting the rights of elderly patients, will provide you a free consultation regarding your case.

March 15, 2008

Group Home License in Yakima Revoked Due to Elder Abuse

The State of Washington revoked the license for an adult care home, Carol’s Country Touch, after investigators found evidence of abuse. Reporter, Leah Beth Ward, writing for The Yakima Herald-Republic reported that the investigation of Carol’s Country Touch on South 32nd Avenue began last summer after a resident reported that she had been verbally attacked and grabbed “harshly and angrily.”

The operator of Carol’s Country Touch, Carol Winters, was reported to have berated residents, yelling and cursing at them when they ate too slowly or walked too slowly. The state says that a license of a facility can be revoked if the operator fails to provide an environment where residents are “free from physical and mental abuse.” A state administrative law judge sided with the state when Winters appealed the license revocation.

The residents were moved to other group homes in mid-August after the state revoked Winters’ license.. David Moon, regional administrator for Residential Care Services, said the state shuts down one or two facilities in the Yakima and Central Washington area per year. The DSHS Aging & Disability Services Administration (ADSA) regulates adult care homes and their web-site provides a wealth of information.

Families of nursing home or group home residences should look for some of the followings signs of physical or emotional abuse:

• Patient is belittled, threatened and verbally or emotionally abused.
• Patient is unclean and their hair is not washed.
• Patient’s dentures are not clean or they are not receiving proper oral care.
• Patient has an unexplained weight loss.
• Patient has bedsores or ulcers.
• Patient has broken bones.
• Patient has an unexplained withdrawal in social interactions, a drastic change in their moods.
• Patients have frequent urinary tract infections.
• Patient’s skin is dry and flaky or red with tears.
• Patient is immobile for long periods of times.
• Incontinent patients are constantly in a wet and soiled condition.
• Patients are physically restrained.
• Few staff visit resident’s rooms.
• Patient’s physical or mental status has changed and the family has not been informed.
• Patient has had a fall.
• Patient has unexplained bruising.
• Patient’s personal belongings have gone “missing” or their financial situation has changed drastically.

elder abuse

If your spouse, parent or loved one has been seriously injured or has died as a result of nursing home neglect or abuse, you should contact an attorney who specializes in elder law. The Farber Law Group has more than 30 years experience in representing families of elderly, infirm and vulnerable adults. Contact us for a free case evaluation.