In times of medical need, you rely on trained staff to ensure your safety. Whether you’re undergoing surgery or taking routine medication, doctors, nurses and pharmacists are all employed to promote your well-being. So are nursing home staff and employed caretakers. If a medical mistake is made, the effects are debilitating – sometimes even fatal.

Shockingly, medical negligence legal cases are far more common than we’d like. What’s more, disclosures of mistakes are not always made to patients. This study from Critical Care Magazine (http://healthexecnews.com/medication-errors-often-kept-under-wraps-in-hospitals) reveals that patients are only notified about these errors 1.5-2% of the time.

If you’re not explicitly told about an error in your treatment, how can you identify one?  The medical negligence lawyers at Garcia, Artigliere & Schadrack specialize in two avenues of medical errors – medication mistakes and medical malpractice. What’s the difference? We’re here to help you understand.

What are Medication Mistakes?

These can occur in doctor’s offices, care clinics, nursing homes, pharmacies and more. Seniors are particularly vulnerable, as they often rely on others to administer medication for them.  Here are a few examples:

• You’re given the wrong dose or brand of medication, or combination of medications
• You’re prescribed medication which you have a known allergy to
• Your pharmacy fills the prescription incorrectly
• You’re given someone else’s prescription

Do you suspect any of the above happened to you? If so, you’ll need to contact a proficient medical negligence lawyer. Garcia, Artigliere & Schadrack have ample experience in this field – please see our full section on specializing in medication mistakes. http://www.lawgarcia.com/practice-areas/elder-abuse/medication-mistakes/

What is Medical Malpractice?

If you or someone you know is receiving ongoing medical care, you could be vulnerable to the effects of medical negligence. Here are some examples:

• You’re misdiagnosed or your doctor fails to diagnose you with a disease until it has worsened considerably
• Necessary treatment is delayed, or you believe you’re given incorrect treatment
• A mistake is made during surgery, or improper care after surgery leads to infection
• You (or your guardian) are not informed that you require a specific test/exam

Our medical malpractice attorneys know how to handle high-stakes cases. Learn more about our experience with medical negligence legal cases: http://www.lawgarcia.com/practice-areas/elder-abuse/medical-negligence/

If you’ve been a victim of medical negligence, you’re entitled to compensation for your suffering and future care. Garcia, Artigliere & Schadrack want to ensure that you receive what you deserve, and will handle your case with the utmost compassion. For a free case review, contact us today (http://www.lawgarcia.com/free-case-review/).

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Can you name the quickest-growing segment of Arizona’s population? If you named citizens 85 years of age or older, you’re correct. As the elderly population grows, more measures need to be taken to protect the increased vulnerability of this demographic. Elderly abuse in Arizona is still a prevalent problem throughout the state, and it’s important to recognize key factors and warning signs of abuse in order to report it.

According to the Arizona Attorney General (https://www.azag.gov/seniors/elder-abuse-information-and-training-guide), seniors rarely report nursing home abuse in Arizona due to fear of their abuser’s retaliation, the criminal justice system, and other uncertainties. Some seniors may have dementia-type illnesses which lead them to forget specifics of abuse, as well. Garcia, Artigliere & Schadrack’s elder care attorneys have provided strategies on how you can take the initiative to prevent caregiver or nursing home abuse in Arizona.

• Maintain a close relationship with aging relatives and friends – if possible, discuss their financial plans to ensure you can note any odd changes.
• Be aware of the signs of physical abuse (http://www.lawgarcia.com/practice-areas/elder-abuse/physical-abuse/) and obtain legal advice from a qualified Arizona elder abuse lawyer in the case of suspected abuse.
• Familiarize elderly family members with emergency services and numbers to call for immediate aid.
• Encourage regular medical, dental and self-care appointments  – health professionals are often able to discover signs of abuse during routine exams.
• If you are a caregiver, consider joining a support group which can teach you how to handle difficult behaviors and situations relating to senior care.
• Know state resources to report suspicion of abuse confidentially. This webpage allows you to report elderly abuse in Arizona online: https://www.azdes.gov/reportadultabuse/

Garcia, Artigliere and Schadrack have experienced, compassionate Arizona elder abuse lawyers ready to review a potential case of yours. Contacting an elder care attorney as soon as possible allows critical evidence and statements to be collected. Despite preventative measures, elder abuse is still all too common, and legal consult is necessary to ensure abusers are held accountable.

If you believe you have a potential elder abuse case, contact our Arizona office today (http://www.lawgarcia.com/office-locations/arizona/) for a free case review.

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As experienced consumer fraud attorneys, we learn of aggravating fraud cases all too often. Consumers buy defective products, purchase deceptive policies, or are unfairly misled in trade practices. There’s a staggering assortment of commodities which can be used by the fraudster: products, real estate, insurance, charitable causes, travel offers and more. What’s more, fraud can not only be committed in person, but also through mail, telephone and the Internet. With all these platforms susceptible, how do you protect yourself from consumer fraud?

Garcia, Artigliere & Schadrack’s expert consumer fraud lawyers have compiled tips for you to remain safe. Remember: consumer protection law works in your favour. You’re protected by federal law against unfair and deceptive trade practices, and also by varying state laws.

Protect Yourself: Tips from Our Consumer Fraud Attorneys

• Be aware. Don’t give out any financial information (checking account, credit card number, social security number) on the phone or online, unless you’re positive the receiver is verified.
• Save your receipts and warranty slips when you purchase products, and make notes on any repairs or issues you encounter with the product.
• Do research when donating to charity – you should be able to find detailed information about the organization’s identity, mission, physical address and costs. The Better Business Bureau’s Wise Giving Alliance (http://www.bbb.org/us/charity/) is a useful resource to confirm validity.
• Be wary of claims that you are a “grand prize winner” for a contest you don’t recall entering – these are typically initiated via email or mail, and often follow with a registration request that requires funds.
• Register on the National Do Not Call Registry (https://www.donotcall.gov/) to prevent telemarketers/potential fraudsters from reaching you.
• Don’t sign any contract, transmit money or commit to other paperwork without careful consideration and a second opinion if necessary.
• View the Federal Trade Commission’s resources on how to recognize scams in business, scams against immigrants, and more: http://www.consumer.ftc.gov/

Despite consumer protection law efforts, fraud still happens too frequently. If you believe you’ve been a victim of a fraudulent act, it’s imperative to contact a consumer fraud lawyer immediately. At Garcia, Artigliere and Schadrack, we specialize in consumer fraud law (http://www.lawgarcia.com/practice-areas/consumer-protection/) and have won cases against large corporations like AOL, Best Buy and Pleasant Care Corporation.

If you suspect you’re a victim of consumer fraud, it’s best to contact a lawyer as soon as possible, so that critical evidence can be collected immediately. Contact Garcia, Artigliere & Schadrack today for a free case review (http://www.lawgarcia.com/free-case-review/).

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Data gathered from 2011’s report shows that despite state efforts, elder abuse remains a prevalent problem in Kentucky. Statistics indicate that:

• 17,409 reports were made to adult protective services for Kentucky’s 60+ population
• 2820 allegations of caretaker neglect were made
• 1225 reports of elder abuse by adults were alleged
• 309 elder abuse criminal charges were filed
• Jefferson and Two Rivers had the highest rates of elder abuse investigations

As you can see, this data demonstrates upsetting occurrences of neglect and nursing home abuse in Kentucky. What’s more, the number of senior-related investigations grew an alarming amount from the previous year — 2011 saw 2,729 more elder abuse investigations than 2010.

As a result of these reports, the Kentucky Elder Abuse Committee is developing training for law enforcement on elder abuse, a Best Practices Toolkit for nursing home closures, emergency protection and more advances towards preventing elderly abuse in nursing homes. The Committee’s 2012 report is planned for release shortly after the next committee meeting, and will hopefully highlight a decrease in elder abuse due to these measures.

Kentucky’s laws also require mandatory reporting of elder abuse. If you suspect an elderly person is a victim of abuse, Kentucky has a useful State Resources Directory (link to http://www.ncea.aoa.gov/ncearoot/main_site/find_help/State_Resources_Directory.aspx?state_id=ky) for reporting purposes — you can report anonymously if you wish. It’s also imperative to contact an elder law attorney immediately, so that crucial evidence can be compiled in a timely matter.

Garcia, Artigliere and Schadrack want to ensure that Kentucky’s elder abuse statistics are lowered significantly each year. Our expert elder law attorneys in Kentucky (http://www.lawgarcia.com/office-locations/kentucky/) have won numerous settlements to attain justice for the abused. We understand the traumatizing nature of these cases, and offer a free case review for elder abuse inquiries. If you’re seeking an elder abuse lawyer in Kentucky, please contact us (http://www.lawgarcia.com/contact-us/) today.

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There are a multitude of different ways for investors to initiate life settlement fraud — like premium financing scams and unfair policy transfer agreements. You can view the full list of life settlement fraud types on our webpage (link to http://www.lawgarcia.com/practice-areas/life-settlement-fraud). Some seniors find it difficult to identify these as scams— investors can be adamant that a transfer or new policy is necessary. So, the experienced life settlement lawyers at Garcia, Artigliere & Schadrack have compiled advice on how to protect yourself or a loved one.

• Avoid any insurance plan where there is an agreement to transfer the policy to the investor after a period of years.  Our life settlement fraud attorneys know these policies often have adverse tax and insurance consequences.
• Ensure that the investor or broker you’re dealing with can provide a valid license.
• Don’t sign any contract without reviewing it carefully. Asking a trusted family member or friend for a second opinion is a good idea.
• Be wary of ‘replacement’ life insurance policies. Seniors can be advised to make a life settlement and get a new policy — meaning the broker makes a double commission and the senior spends more money on new insurance.
• If an investor pitches a life settlement as “free money,” be cautious – life settlements are not suitable for many people and should be presented with careful consideration
• Contact a life settlement lawyer immediately if you believe that you or someone you love has been a victim of life settlement fraud

Remember, life settlement fraud is prohibited by law and carries criminal penalties. At Garcia, Artigliere and Schadrack, our life settlement attorneys have ample experience in dealing with insurance companies and investors. It’s vital to contact a lawyer as soon as possible in order to cultivate a strong case — if you or someone you know has been victimized, please contact our office (link to  http://www.lawgarcia.com/contact-us/) to initiate a free case review.

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With spring only a few months away, tourist season is steadily approaching.  Embarking on a tour bus trip is an adventure sought out by many Americans, and usually proves to be a safe and enjoyable means of seeing the country. Unfortunately, tour bus accidents do occur, and the resulting damage can be catastrophic.

Take, for example, the tragedy of a recent tour bus crash in Oregon. This harrowing event occurred when the bus skidded down an embankment near Pendleton. Nine people were killed, 39 others injured.

Two Korean exchange students, survivors of the crash, recently filed a lawsuit against the tour bus company. The students’ bus accident lawyer alleged the bus driver was working illegal overtime, speeding through dangerous conditions and failing to respond to speed warnings. However, the tour bus company has stated that black ice was responsible. As you can see, it’s difficult to quickly attribute fault in an accident of this scale.

So what is the proper way to react if you or a loved one is involved in a tour bus accident? We have comprised a list of steps to ensure you remain safe and also retain the best evidence for your case.

• The first step, of course, is to alert all emergency authorities of the accident and see that everyone is provided with medical attention. Some injuries may not be visible, so it’s best to always seek medical help after a large crash.
• Confirm all necessary information is gathered for your case. Take names of witnesses and the bus driver, pictures of the accident scene and road conditions, license plate numbers, and the bus company name.
• If you’re providing a statement to the police, don’t admit any fault and don’t make speculations as to what occurred – state only the facts as you observed them.
• Do not speak to a representative of the tour bus company (including their insurance provider) without your own legal counsel.
• Do not sign any documents without your own legal counsel.

As soon as possible after the accident, you should contact an accredited bus accident lawyer.  Without a lawyer, you may become responsible for future medical bills, lost wages and pain and suffering. At Garcia, Artigliere & Schadrack, we don’t want anyone to be subject to that hardship.  Our lawyers fight to ensure you’re compensated for what you deserve.

Remember, our firm takes these cases on a contingency basis — meaning that until your case is resolved, you pay nothing to us. If you or someone you love has endured a tour bus accident, contact us today at 1.800.281.8515 or fill out the form to the right for a free case review.

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Have you experienced suspicions regarding the care of an elderly loved one? Nursing homes are designated to support the ones you love, not harm them. Unfortunately, nursing home neglect can take place in licensed facilities. The effect of neglect and abuse on seniors is undoubtedly damaging.

At Garcia, Artigliere & Schadrack, we take a stand against elder physical abuse.  We want to ensure that your family members are given the best possible care and attention. For this reason, we’ve compiled a checklist which can bring possible abuse to light. You can confirm that a nursing home is providing quality care by answering these questions.

Elder Well-Being Checklist

1. Emotional/Social Contentment

Is your loved one as content and sociable as when they first arrived in their nursing home? If they have recently become withdrawn or consistently nervous, this is cause for concern.

2. Free of Physical Disfigurements

Is their body free from reoccurring bruises, scratches or cuts? Elder physical abuse can also show itself in burns, bone injuries or any unexplained wound.

3. Proper Nutrition

Is your loved one maintaining a healthy weight and skin colour? Malnutrition and dehydration are a less-obvious form of nursing home neglect.  Weight loss, dry skin and lips and abnormally dark urine are symptoms.

4. Regular Private Visits

Are you given time to meet with your family member alone? If a nursing home staff member refuses to permit a private visit, they may be attempting to hide evidence of abuse.

5. Sanitary Living Conditions

Is the nursing home free of bugs, soiled bedding and hazardous material? Unsanitary conditions can lead to bedsores, lice and hygiene concerns.

6. Correct Dosage of Medication Administered

Is the senior free of preventable medication errors like overdose or administration of incorrect dosage? Nursing home staff should be trained on exact specifications of medication that the senior should receive. If residents are given the incorrect combination or dose of medications, the nursing home is considered liable.

If you’ve answered ‘no’ to any of these questions, we recommend contacting an experienced elder abuse lawyer. Garcia, Artigliere & Schadrack believe that nursing homes must be held accountable for poor care. Our lawyers have pioneered many complicated elder physical abuse cases, achieving multi-million dollar verdicts and justice for the abused.

Remember, nursing homes are subject to strict state and federal laws, so suspected violation of appropriate conduct requires immediate consultation with a lawyer.  For a free case review from our firm, complete the form to the right or call us toll-free at 1.800.281.8515.

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The statistics are shocking. According to the State Bar of California, an alarming number of seniors fall victim to elder abuse: one in seven. Whether the abuse is physical or emotional, the effects are devastating.

Moreover, elderly patients are often embarrassed or ashamed of abuse they receive, and may not wilfully discuss these issues with family members. However, abuse symptoms can range from physical disfigurement to abrupt changes in behavior. For clarity’s sake, we have compiled a list of elderly-abusive acts to ensure you’ll know when to contact a lawyer. Remember, the earlier you obtain legal advice, the greater your chances of collecting crucial evidence.

• Physical Abuse: Physical warning signs include repeated bruises and wounds. Emotional symptoms include social withdrawal and anxiety. Caregivers may try to separate you from your family member or monitor visitation.
• Health Negligence: Nursing home neglect can lead to a variety of debilitating health issues, including pressure sores, bed sores, fractures, infections, and malnutrition. These problems are preventable with adequate care, and can fall under the fault of the nursing home.
• Medical Negligence: If a nursing home or medical practitioner has failed to provide an examination, administered the wrong medication, or performed surgical mistakes, you should contact an elder abuse lawyer.
• Wandering Off: An inadequate nursing home lacks proper monitoring. Wandering off is extremely dangerous for elderly patients, and can lead to fatalities.
• Restraints: Elder abuse lawyers in California to Kentucky agree that the usage of physical or chemical restraints on seniors is rarely necessary. Symptoms of restraints include constipation, loss of mobility, and injuries occurred from attempting to escape.
• Falls: More than simple accidents, falls are often the fault of poorly maintained facilities, understaffed homes or over-medication of the elderly resident. Resulting injuries are often harder to heal due to the resident’s age.
• Sexual Abuse: Any non-consensual sex act equals sexual abuse. It can be more than a physical act: forcing an elderly resident to undress or look at pornographic matter is sexual abuse. Some symptoms include bruising, genital bleeding, fearfulness and depression.

We hope this list proves useful if you or someone you know is seeking out an elder abuse lawyer. Elder abuse is intolerable—at Garcia, Artigliere and Schadrack, we approach all of our elder abuse cases with the utmost compassion and expertise.

We have over 26 years’ experience in elder abuse cases, earning multi-million dollar verdicts. With practising elder abuse lawyers in California, Arizona and other American locations, complete the form on the right for a free case review or call us at 1.800.281.8515 to speak to a lawyer in your area.

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Do you know how a commercial trucking accident differs from a car accident? Clearly, the most devastating difference is the increase in damage and fatal injury. A larger vehicle is naturally subject to create more destruction. Less obvious, however, is the assignment of fault. Responsibility can be attributed to multiple entities:

• The truck driver: Speeding, ingesting illegal substances, or driver fatigue are possible causes of a crash.
• The truck owner: Negligence in regularly inspecting the vehicle and equipment can lead to the truck owner being at fault.
• The manufacturer of the vehicle, tires or other parts: An exhaustive investigation can determine if a malfunctioning part caused the truck’s accident.
• The truck’s loading company: Incorrect or over-loading of the truck’s cargo can cause it to shift, leading to falling debris and rollovers.
• A government entity: Unmaintained roads, highway hazards and improperly-marked construction zones can contribute to accidents.

Liability for accidents also varies depending on state laws. For example, in Washington State, there are strict regulations concerning the maintenance of commercial vehicles. So, in the case of a crash, trucking accident lawyers in Washington State will conduct an investigation to ensure that the truck’s maintenance was upheld in accordance with state regulation.

Remember, there’s rarely a single cause for a commercial trucking accident. Commercial trucks are subject to different laws than typical motor vehicles, so it’s important to contact a lawyer who specializes in trucking accidents. It’s also vital to get legal advice as soon as possible, as a prompt investigation is needed for correctly determining fault.

Garcia, Artigliere & Schadrack have expert trucking accident lawyers in Washington State, California, Florida and more. We know the damage these accidents inflict—if you or a loved one has endured a commercial trucking accident, don’t suffer without getting what you deserve. Contact us today for a free consultation.

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Another government website USA.gov (the U.S. government’s official web portal) has a page specific to the topic of elder abuse (http://www.usa.gov/Topics/Seniors/Health/Abuse.shtml) has useful links to other websites including:

• Elder Abuse Helplines and Hotlines, by State
• Elder Abuse Resources from MedlinePlus
• Elder Rights Protection
• National Center on Elder Abuse

At a state level is the Kentucky Cabinet for Health and Family Services (CHFS) website, which is home to most of Kentucky’s human services and health care programs. Their website at http://chfs.ky.gov/dcbs/dpp/eaa/ also has a page devoted to elder abuse awareness. According to the website, the Kentucky Department for Community Based Services received 9,660 reports of elder abuse in 1997—this highlights how much of an issue elder abuse is in the state of Kentucky.

While these federal and state websites can be of help, sometimes it can still be difficult to find answers on elder abuse—especially when it comes to the law. That’s when you need to talk to a local Kentucky elder abuse attorney. Garcia, Artigliere & Schadrack, which has an office in Louisville, Kentucky, has extensive experience handling nursing home neglect and elder abuse cases in Kentucky and all over the US. The firm’s founder, Stephen M. Garcia, who has over 26 years’ experience, has actively participated in analysis of law relating to elder abuse.

Call our office today to speak to an elder abuse attorney or fill out the form on the right for a free case review.

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