Increasingly, nursing homes are requiring that residents give up their right to jury trial upon admission to a facility. We encourage our colleagues who represent consumers and their families to advise against signing these agreements.

Placing a loved one in a nursing home is one of life’s most stressful events. The stress is compounded by the blizzard of paperwork that is thrown at the family during this difficult time. Admission agreement, responsible party agreement, guarantor agreement, assignment of benefits, resident personal account, medical release, notice of privacy practices — these are just a few of the dozens of documents that residents (or a family member, acting as the resident’s representative) are required to sign upon admission.

Sometimes hidden in this mountain of documents is an arbitration agreement. The arbitration agreement may be glossed over by the admission representative as “just another document we need to you sign” near the bottom of a pile of documents. The arbitration agreement may look like this:

“We do not expect that you will be dissatisfied with any of the services provided to you during your stay. However, no matter how much effort each of us puts into our new relationship, there is always a possibility that a dispute may arise between us for a variety of reasons. Historically, when differences have arisen between a resident and a facility that were unable to be resolved informally, a lawsuit may have been filed in state court. Needless to say, formal litigation involving the state court system has proven to be an exhaustive and time-consuming venture for all parties. Through a voluntary arbitration program entered into via the voluntary arbitration agreement, we are offering a less formal manner to reach a final determination. The program is designed to resolve residency related disputes in a more efficient manner than claims brought in state court.”

Nowhere does this language mention that the resident is giving up her right to a jury trial if she suffers neglect or abuse. And, the resident gets nothing in return for signing the agreement. In many cases, the resident and her family do not realize that the nursing home resident’s rights have been taken away until after a fall, an infection caused by an untreated decubitus ulcer, severe dehydration and malnutrition, or some other failure of care resulting in severe injury or death.

 

Monday, 3 July 2017 13:37

Mild Traumatic Brain Injuries

Written by Law Offices Of Gary Green

A mild traumatic brain injury (TBI) can result from any type of damage to the cranium. A mild TBI is no different from a concussion, and the terms are interchangeable. The most common causes of ER visits for TBI are falls, blunt trauma to the head, car wrecks, and assaults.

Symptoms of a mild TBI include:

  • Fatigue
  • Headache
  • Memory loss
  • Seizure
  • Dizziness/loss of balance
  • Visual disturbances
  • Irritability/emotional disturbances
  • Poor attention/trouble with concentration

Litigating mild TBI cases can be a challenge. For starters, many TBI injuries are often overlooked because patients seem to make a complete recovery. However, many of the longterm consequences of mild TBI can take months or even years to manifest, making it difficult to attribute the symptoms to a prior brain trauma.

While tough to litigate mild TBI cases, it’s not impossible. An argument for causation, prognosis, and future medical expenses can be made. This requires using the latest literature, clinical proof such as PET and SPECT brain scans, and expert testimony to prove to the jury that an invisible injury has occurred.

Questions about a possible mild traumatic brain injury case? Call us toll-free at 1-888-4GARYGREEN or email ggreen@gGreen.com.

Monday, 26 June 2017 13:50

Legal Malpractice

Written by Law Offices Of Gary Green

What is legal malpractice? How do I know if I have a legal malpractice case?

Simply put, legal malpractice occurs when an attorney handles a case improperly or with intent to harm and cause damages to a client. Legal malpractice includes negligence, breach of fiduciary duty, and breach of contract.

Exact definitions vary from jurisdiction to jurisdiction, but you generally need to prove four elements in order to successfully pursue a legal malpractice claim:

  1. The existence of an attorney-client relationship, creating a duty on the part of the attorney;
  2. a breach of that duty;
  3. injury or harm caused by the breach of duty; and
  4. significant financial loss or damages due to the injury or harm.

A successful legal malpractice case must prove that the attorney’s actions were the result of errors that no reasonable or prudent attorney would make. Furthermore, legal malpractice requires proof of what would have happened had the attorney not been negligent. It must be clear that the injured party would have prevailed in their case had the attorney done his or her job.

Questions about a possible legal malpractice case? Call us toll-free at 1-888-4GARYGREEN or email ggreen@gGreen.com.

Monday, 22 May 2017 12:51

Fiat Chrysler Lawsuit

Written by Law Offices Of Gary Green

Fiat Chrysler is at the center of the latest emissions scandal after researchers in both Europe and the U.S. found that Fiat Chrysler’s diesel vehicles produced curiously higher pollution levels during normal driving than during emissions tests. Research suggests that there is significant evidence that the company employed a defeat device, often used to help a vehicle pass emissions tests.

Fiat Chrysler is currently in talks with the U.S. Justice Department to settle the lawsuit, and it has agreed to modify 100,000 vehicles to appease the EPA and the Justice Department.

Affected models are 2014-2016 Jeep Grand Cherokees and Ram 1500 diesel vehicles.

It is currently unclear whether the settlement will reach Volkswagen-level damages, but it is thought that the settlement will be significant, given the number of vehicles affected.

If you own one of the affected vehicles and want to pursue a depreciation claim, please email us at ggreen@gGreen.com.

Law Offices of Gary Green is currently investigating claims against Roundup (glyphosate), a weed and grass killer declared by the World Health Organization (WHO) to be a “probable human carcinogen.”

Multiple studies have suggested a link between glyphosate and non-Hodgkin’s lymphoma.

Other reported complications include:

  • birth defects
  • kidney disease
  • leukemia
  • other cancers

Farmers and landscapers may be especially at risk.

Glyphosate, which is the main active ingredient in Roundup and many other products, is the most widely used chemical in agriculture. It has been found in urine, breastmilk, and blood samples, but the U.S. Department of Agriculture doesn’t test for it among the pesticides it monitors in food supplies.

Glyphosate is also used to quicken the drying process on wheat and oats. Other affected crops may include lentils, peas, corn, potatoes, sunflowers, and soybeans.

Monsanto, who in 2015 earned $4.8 billion in Roundup sales alone, is currently being sued for claiming glyphosate isn’t harmful to people or pets.

Attorney Gary Green was recently on KATV’s Good Morning Arkansas to discuss Uber and Insurance. Click on the image below to watch the segment.

Gary Green is honored to be featured in Arkansas Life‘s Top Attorneys 2017. Thanks to Arkansas Life for this distinction and our clients for the privilege to represent them.

Click on the image below to read the full feature!

Attorney Gary Green discusses insurance on KATV’s Good Morning Arkansas. To watch the segment, click on the link below: