Oklahoma Personal Injury Blog

The Centers for Medicare and Medicaid Services (CMS) has come out strongly against policies in nursing homes and assisted living facilities that prohibit cardiopulmonary resuscitation (CPR) for residents in distress. According to McKnights.com, unless a resident has a “do-not-resuscitate” order or advance directive in place, nursing homes must provide CPR to a resident in cardiac arrest. Violation of this policy could result in survey citations and steep fines, federal officials warned in a recent memo to care facilities.

Federal officials say there is a general shift in nursing home populations with younger, short-stay residents choosing to stay in these homes. Scientific research shows CPR is effective with this group. The law also requires CPR-certified staff to be available at nursing homes and care facilities at all times. Read the rest »

Ford is recalling Escape SUVs to fix oil and fuel leaks, which could potentially lead to fires. According to a news report in USA Today, the automaker has recalled the Escape SUVs seven times since they were redesigned and went on sale in the spring of 2012. The most recent recall involves more than 161,000 SUVs worldwide from the 2013 model year. These vehicles have the 1.6-liter four-cylinder engines.

The leaks could occur because the fuel lines in about 12,000 may have been installed incorrectly. So far, Ford has received reports of 13 fires, but no injuries. The Escape has been recalled for a variety of issues since July 2012 including defective carpet padding that can interfere with brake pedals, coolant leaks, and child safety locks. When this particular recall begins in January, dealers will repair the cooling and control systems and replace fuel lines at no cost to consumers. Read the rest »

For many personal injury victims, the idea of going in for third-party arbitration might be appealing since it means they don’t have to go to court or endure the stress of a long-drawn trial. However, Oklahoma personal injury attorneys are well aware that there are no guarantees whatsoever that an arbitration will be a fair process. It is important for injury victims to understand that once a decision is rendered in a binding arbitration, the parties are generally stuck with that decision. There is no appeal process, which means that the parties are at the mercy of the arbitrator.

Nursing homes often require residents or their families to sign arbitration agreements in lieu of going to court in the event the patient is injured or passes away due to alleged neglect or abuse. However, before signing such an agreement, it is important that families consider the disadvantages. Read the rest »

More than 20 years ago, Stella Liebeck, a 79-year-old grandmother from Albuquerque, N.M., drew the wrath and ridicule of an entire nation when a jury awarded her $2.7 million after she spilled hot coffee from McDonald’s on her lap and suffered third-degree burns. However, a recent documentary made by The New York Times, brings to light the facts of the case, which never quite made it to the public eye.

Liebeck didn’t pass away until 2004 at age 91. But her family says she suffered emotionally until she died because she was ridiculed and held up as an example of what is wrong with the American legal system. The facts were so badly mangled by the media in her case that the truth got lost between the headlines and punch lines.

Read the rest »

The Oklahoma defective drug lawyers at Maples Law Firm are looking into disturbing cases where young boys taking the antipsychotic drug Risperdal started to develop breasts. At least six lawsuits have been filed in Philadelphia against Johnson & Johnson, the company that manufactures Risperdal, alleging that the young male plaintiffs developed breasts while taking Risperdal.

According to those complaints, the problems stem from the hormone prolactin that can be elevated both in males and females who take the medication. Some of the boys who took Risperdal had to undergo mastectomies to get rid of their bosoms. Read the rest »

An 18-year-old woman was killed in an Oklahoma car accident, which officials say, was caused by two vehicles racing each other on a public roadway. According to a News 9 report, the woman was killed when two cars that were racing crashed into the teen’s van at the intersection of 81st and Delaware.

The teen was riding in a van with her family when another vehicle, traveling at nearly 100 mph, slammed into the van. The teen and two others were transported to a local hospital. The teen suffered brain injuries as well as injuries to her back and hip. She later died from her injuries. Charges are pending against the other driver. Read the rest »

A 30-year-old man was injured in a car accident in Oklahoma City involving a police cruiser. According to a news report on KFOR.com, the injury collision occurred near N.E. 27th and Martin Luther King Boulevard. Officials are still trying to determine who struck whom. Based on preliminary reports, officials say the bicyclist was driving his bike in the middle of the street without any lights on after dark, which is a violation of the law. Police also said that the officer who was driving the cruiser was not distracted, speeding or responding to an emergency. The investigation is still ongoing.

Oklahoma law states that bicyclists have the same rights and responsibilities as other motorists. Under Oklahoma law, it is also required for bicyclists to ride with a front and back light at night. When a bicyclist has been injured in a collision with another vehicle, a number of questions must be asked: Read the rest »

A nursing home worker has been charged in Beckham County in connection with the death of a 76-year-old nursing home patient. According to a news report in the Daily Elk Citian, the incident occurred in April 2012 at the Bell Avenue Nursing Center in Elk City. Investigators determined that the elderly patient was injured during the transfer from a bed to a wheelchair and suffered life threatening injuries.

The 28-year-old woman who was caring for the resident at the time was charged with one count each of second degree felony murder-neglect by a caretaker, abuse by a caretaker, neglect by a caretaker, concealing a crime and conspiracy to compound or conceal a crime. Another 33-year-old employee has also been charged with one count each of concealing a crime and conspiracy to compound or conceal a crime. Read the rest »

Officials say a man was killed and a 12-year-old child was seriously injured in a rollover crash in Wagoner County. News on 6 reports that the fatal accident occurred on 71st Street, east of Broken Arrow. Oklahoma Highway Patrol officials say the Chevy Astro van driven by a man was traveling westbound on 71st Street when the vehicle left the roadway and overturned. The 43-year-old man was partially ejected and died from his injuries. The 12-year-old boy, believed to be the driver’s son, was hospitalized with a head injury in critical condition. Officials are still looking into whether the occupants were belted and if speed was a factor. The investigation is ongoing.

According to the Insurance Institute for Highway Safety (IIHS), vehicles roll over in less than 3 percent of all crashes, but these crashes account for more than a third of vehicle occupant fatalities. According to the institute, electronic stability control makes a vehicle less likely to roll over by preventing sideways skidding and loss of control that can lead to rollovers. Read the rest »

New information released by the Centers for Medicare and Medicaid Services (CMS) shows that Oklahoma nursing homes are using less antipsychotic drugs. Studies also show that nursing homes are pursuing more patient-centered treatment for dementia and behavioral health care. Last year, CMS put out a call to nursing homes nationwide asking that they decrease the use of antipsychotic drugs prescribed to patients with dementia.

After a year of creating awareness in care facilities, CMS announced in late August that Oklahoma was among 11 states that reduced the use of antipsychotic drugs in nursing homes by 15 percent in 2013. Previously, Oklahoma had one of the highest rates of antipsychotic use in the nation. A year ago, about one-third of the state’s nursing homes had more than 30 percent of residents with dementia put on antipsychotic medication. Read the rest »