Header 1

Category: Doctor Neglect

Negligence and Personal Injury

In most personal injury cases, the plaintiff must demonstrate negligence in order to recover damages.

"Negligence" is a legal term that simply means an individual behaved in a careless or thoughtless way, which can open them up to liability should that negligence give way to harm or damage. Negligence may be shown in either the action or inaction of others. For instance, a driver may speed recklessly through a school zone or a driver may fail to yield to a child in the same school zone while driving at a reasonable rate of speed. In both cases the driver is likely guilty of negligence.

The fact is drivers have a duty to act in a responsible manner when behind the wheel of a car. This duty or responsibility is sometimes called a "duty of reasonable care." Of course, all drivers have a responsibility to observe to rules of the road in their state or local municipality, but they also have a distinct responsibility to maintain safe driving practices should road conditions change to warrant it.

For example, if a highway's speed limit is published at 35 mph, yet weather conditions at the time of an accident included heavy rain and sleet providing slippery surfaces and low visibility. The responsibility of the driver should have been to proceed more slowly and approach road conditions more carefully. Failure to do that would expose the driver and his/her insurer to liability should an accident result and injury or damages occur.

If, in fact, both drivers act irresponsibly then the fault for resulting injuries may be shared by both drivers. The applicable theory of legal liability then becomes comparative negligence. Proving negligence is, not the only basis, however, for a personal injury claim. Claimants must also prove not only that the other party was indeed negligent but also that they themselves suffered injuries and/or damage.

Read more ...

Medical Malpractice and Early Discharge Complications

When a patient is discharged early from a hospital, it can often have devastating repercussions. Hospitals have, at times, been known to discharge patients before they are medically stable enough to go home to finish their recuperation. This occurs for many reasons from overcrowding to a shortfall in capacity to manage surgical volume. The fact is, however, when a patient is discharged and then shortly thereafter re-admitted, it may by definition be a case of medical malpractice if that readmission was due to complications resulting from the early discharge.

Of course, in order to prove medical malpractice the early discharge must fall below the medical standard of care. (Would a competent physician in the same circumstance have demonstrated the same action or inaction?) In addition, a malpractice claim must also demonstrate that the patient suffered harm as a result of the action or inaction (in this case the early discharge). Further, the claimant should consider these questions:

Read more ...

Reporting Nursing Home and Elder Abuse

Download to PDF

When families agree to put a loved one into the care of a nursing home, they have to employ a great measure of trust. But, as we know, abuse and/or neglect can become a problem in such institutions. In 2000, the National Center on Elder Abuse conducted a study that found that 44% of the nursing home residents surveyed had said that they had been abused in the past 12 months and that 95% of the respondents had witnessed instances of neglect during the same time period. Studies have also shown that few of these instances are ever reported.

Injuries in nursing homes can comprise a wide variety of situations and circumstances and abuse can take many forms, including physical abuse, emotional abuse, sexual abuse and financial exploitation. These and other forms of abuse nursing home patients may encounter generally fall into the category of a failure to provide for a resident’s needs when it comes to food, shelter, clothing, hygiene or health care.

One of the key elements of reporting nursing home or elder abuse is knowing the warning signs.

If anyone suspects or becomes aware of elder abuse that is immediately life threatening, they should, of course, contact emergency personnel by calling 9-1-1.  If the danger is not immediate, calling local law enforcement and/or state’s attorney’s office to report the abuse is imperative.

Other resources are also important for anyone who suspects elder or nursing home abuse. Adult Protective Services (APS) typically is the first agency that responds to reports of elder abuse. The agency typically investigates abuse reports and offers responsive services. APS also may be a great resources to find further resources available to anyone with a loved one suffering elder or nursing home abuse.

The National Council on Child Abuse and Family Violence has developed a list of elder abuse reporting hotlines for each state. Their website (nccafv.org) is a great resource for additional advisory and intervention agencies. You may also call the Eldercare Locator (eldercare.gov), a service of the U.S. Administration on Aging, for more information as well.

After reporting the abuse to appropriate authorities and initiating intervention on behalf of your loved one, it is important to speak with a practiced personal injury attorney with experience in elder and nursing home abuse. The attorneys of Panio Law Offices have a wealth of experience fighting for victims of nursing home abuse. From a thorough investigation to collection of documentation of the conditions to the development of witness testimony that supports your case, we work extremely hard to recover the damages for your loved one and support the recovery process to a healthy and normal life.

Please call Panio Law Offices at 800.799.7561 if you have any questions about reporting nursing home abuse or filing a personal injury claim in an elder abuse case. We can help.

Nursing Malpractice

Most of the time, when people think of malpractice cases, they think of physicians or hospitals as being the responsible party. And it's true that typically a doctor or hospital will be held responsible for damages in malpractice cases, but nurses can actually cause the harm or injury that leads to malpractice.

Nurses are a doctor's or hospital's front line for patient care. It is a nurse's responsibility to monitor a patient's condition and it's typically a nurse that notices first when something goes wrong with patients under their care. Nurses also administer drugs to patients and operate medical equipment in the administering of patient care.

Read more ...

Medical Malpractice Damages

When a patient suffers harm or injury because a doctor or other medical professional did not provide medical care above acceptable standards, the patient is entitled to medical malpractice damages.

Examples of such harm include:

  • Failure to diagnose (or misdiagnosing) a medical condition
  • Failure to follow appropriate medical procedures when treating the patient
  • Failing to warn the patient of known risks of a medical procedure or prescribed medication


We discuss the burden of proof in medical malpractice cases in our February 13, 2014 post on the subject. However, one area of medical malpractice many have questions about is the amount of damages they owed in such cases.

Read more ...

Contact Us

Named an Emerging Lawyer 2015