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- Text Messaging and GPS Devices Are Serious Driving Distractions
- Fitness Program Aids Traumatic Brain Injury Patients
Nursing Home Abuse
- Secretly Enacted Federal Rules Seek to Hamper Nursing Home Residents' Claims
- Kanawha City Nursing Home Resident Killed
Social Security Disability
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- SUV Roof Strength is Seriously Lacking...
Posted on 7/2/2008 - West Virginians who are receiving Social Security Disability or SSI Must File Tax Returns To Receive Federal Tax Rebate Money...
Posted on 6/26/2008 - Arbitration Clauses Erode Patient Rights in Nursing Homes...
Posted on 6/18/2008
Legal Library
Nursing Home Abuse
Kanawha City Nursing Home Resident Killed
The Charleston Gazette is reporting that an elderly Charleston man, George King, was killed this weekend when he was hit by a CSX train in the Kanawha City section of Charleston, West Virginia. (click here for link to story). While the untimely death of any individual is a tragedy, this situation is especially heartbreaking.
Mr. King was a resident of Heartland of Charleston, a nursing home located in Kanawha City, Charleston, West Virginia. Mr. King's family entrusted their loved-one to Heartland expecting that his well-being would be protected. It certainly appears that Heartland did not live up to its obligations.
From what the paper has reported, it appears that Mr. King "went missing" from Heartland some time on Saturday. In the nursing home industry this is called an "elopement." It is not uncommon for the elderly to become confused while in a nursing home and wander off. It is the nursing home's absolute duty to safeguard their residents and make sure that the premises are secure and that confused residents cannot slip outside and into potential danger. In this instance, it is clear that Mr. King walked out of Heartland and onto the railroad tracks which are less than 50 yards from the home.
The article indicates that Heartland "intends to do an internal investigation" of the matter. That is like the fox guarding the hen house. Mr. King's family must demand a full scale investigation of the incident - starting with a call to the West Virginia DHHR's Office of Health Facility Licensure and Certification (OHFLAC) and then to a qualified lawyer.
Mani Ellis & Layne is a law firm located in Charleston, West Virginia. The lawyers of Mani Ellis & Layne have handled countless cases involving nursing home abuse and neglect throughout West Virginia. For a free consultation concerning nursing home abuse and neglect call 888-720-1001 or 304-720-1000 or visit us at our website www.wvnursinghomeabuse.com.
Social Security Disability
Smoking Ban
In recent months, bar and resturant owners in Kanawha County, West Virginia, have been up in arms about the county-wide indoor smoking ban. Their argument: the indoor smoking ban is keeping smoking patrons from utilizing their establishments becasue they cannot smoke indoors.
While we feel sorry for the owners of these establishments, the simple fact of the matter is that smoking is a dangerous, deadly habit that disables people and result in the expenditure of BILLIONS of healthcare dollars per year. These are dollars that are ultimately borne by you and me - honest taxpaying citizens. These are also dollars that come out of already underfunded government programs like Medicare (healthcare for the elderly) and state Medicaid programs.
What is more, the overwhelming weight of the evidence points to the fact that secondhand smoke is as dangerous to non-smokers as it is firsthand to the smoker; the smoker isn't just killing themselves, they are slowly killing those around them.
Science has proven that smoking causes heart disease, COPD, emphysema, high blood pressure, vascular diseases, strokes and numerous other medical conditions which can lead to an otherwise healthy person becoming fully disabled. These disabilities lead directly to productive members of society not being able to work or otherwise obtain gainful employment, increased healthcare costs and applications to government entitlement programs like social security.
It is unfortunate that the smoking ban is affecting some businesses negatively and that it is inconvenient for smokers. However, one must keep in mind that in the end, stamping out smoking will lead to healthier citizens, lower healthcare costs and in the end, lower taxes for everyone.
Mani Ellis & Layne
405 Capitol Street
Suite 806
Charleston, WV 25325-1266
Phone: 304-720-1000
Fax: 304-720-1001
Toll Free: 888-720-1001
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