Nursing home abuse, unlike nursing home neglect, is an intentional tort. The intent refers to the conduct, not the result. If Jacob plays his guitar loudly in the middle of the night, he might not intend to disturb his neighbor Alice, but that’s the result of his conduct. Likewise, if Jacob forcibly pulls Alice…
On average, the economic costs of a sexual assault, such as medical bills and lost wages, exceed $120,000. The emotional distress these victims must endure is infinitely higher. Criminal courts punish sexual assault defendants. But in most cases, criminal courts don’t compensate victims for these losses. They must pay these bills themselves, even though…
Overwork, in one form or another, often causes truck accidents. Fatigued truck drivers cause almost 20 percent of the large truck crashes in South Carolina. Fatigued driver impairment ranges from clouded judgment and slow motor skills to literally falling asleep at the wheel. Both ends of the spectrum are dangerous. Large trucks are so…
Understaffing, a problem that affects over 90 percent of the nursing homes and long term care facilities in South Carolina, usually causes unintentional injuries in these facilities. Understaffed facilities are, well, understaffed. For example, no one is on watch duty in common areas. Furthermore, the remaining employees are stressed. Most of us know what…
Non-crosswalk pedestrian accidents are much more common than crosswalk pedestrian accidents. Non-crosswalk accidents are usually much more serious as well, usually because of the tortfeasor’s (negligent driver’s) speed. At impact speeds below 25mph, the pedestrian death rate is only 10 percent. At impact speeds above 50mph, the death rate catapults to over 90 percent….
Motorcycle rider fatalities aren’t just a little higher than vehicle occupant fatalities in accident claims. Motorcycle rider fatalities are thirty times higher. Aside from a crash helmet, motorcycle riders are completely unprotected in these situations. Common injuries include broken bones, internal wounds, and even head injuries. When riders fall off their bikes, their brains…
Five people, including three teenagers, were seriously injured in a mass shooting incident at a South Carolina apartment complex that caters to university students. When officers responded to a call of a shooting at the Greene Crossing Apartments, they discovered five victims in an apartment building: the 20-year-old woman, a 22-year-old man, a 19-year-old…
Nursing home abuse, like other forms of abuse, is an intentional tort. In this context, “intentional” does not mean “malicious.” Instead, the I-word basically means deliberate. Another D-word, desperation, often causes intentional torts at nursing homes. The understaffing crisis means that many nursing home employees are stressed out, and there’s only so much stress…
The medical costs alone in elderly falls total over $50 billion per year. Most older adults have pre-existing medical conditions, which increases the risk of serious injury and drives up medical treatment costs. If Medicare or a private health insurance company pays these costs, we all pay them, in the form of higher taxes…
The annual economic costs of elderly falls exceeds $50 billion. Many of these costs are associated with nursing home falls, where about 60 percent of residents fall each year. Many of these victims are repeat fallers, so their injuries are often more severe. These victims also have pre-existing conditions that make them more susceptible…