Oklahoma Personal Injury Legal Blog

Class Action Lawsuit against Toyota Results in $1.6 Billion Settlement

By Ray Maples on July 24, 2013

A judge in Orange County, Calif., approved a $1.6 billion settlement in a class action lawsuit filed by thousands of consumers against Toyota because the value of their vehicles plummeted after the automaker’s large-scale recalls for sudden acceleration issues, UPI reports. This decision does not affect those who have filed a personal injury or wrongful death lawsuit against Toyota. The settlement will, however, result in payments to those who are included in the class-action lawsuit for the depreciation of the value of their vehicles.

Toyota owners who suffered financial losses when selling or trading in their vehicles because of the auto defects will now receive compensation from the Japanese auto manufacturer. According to The New York Times, individual payments will be between $125 and $10,000 depending on how much the vehicle depreciated in value.

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Prevent Choking Deaths in Oklahoma Nursing Homes

By Ray Maples on July 22, 2013

Many elderly residents who live in nursing homes and at home struggle with medical issues that make it difficult for them to swallow food and pills. In any Oklahoma nursing home, there are a number of residents who are potentially at risk of choking and must be carefully monitored.

Choking occurs whenever an object becomes stuck in the throat or windpipe, obstructing the flow of air. In serious choking incidents, the brain becomes deprived of oxygen resulting in brain damage and even death. It is absolutely vital for someone who is choking to receive immediate attention. Therefore, when someone dies from choking in an Oklahoma nursing home, it must be determined if it occurred as a result of staff’s negligence.

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Tulsa Rollover Accident Causes Critical Injuries

By Ray Maples on July 17, 2013

Two men sustained life-threatening injuries in a Tulsa car accident involving a vehicle rollover. According to a News9 report, the rollover crash occurred on Second Street near Lansing Avenue in Tulsa. Officials say the driver of a Honda was traveling at a high rate of speed when he failed to negotiate a curve. The vehicle veered off the roadway, struck railroad tracks, and rolled over. One of the vehicle’s occupants was ejected while the other was trapped inside. The man who was ejected did not have a pulse, but was revived by CPR. The man inside the vehicle appears to have suffered severe internal injuries. Officials believe that neither occupant was wearing a seatbelt. Investigators are still determining the cause of the rollover, but state that alcohol may have been a contributing factor.

There are two types of rollover crashes: tripped and untripped. A tripped rollover accident is when a vehicle rolls after striking an external object such as a curb, railroad track, or other vehicle. An untripped rollover is when a vehicle overturns because of the steering of the driver, the speed of the vehicle, or from friction with the ground.

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Bedsores and Pressure Sores in Oklahoma Nursing Homes

By Ray Maples on July 15, 2013

If you have a loved one who is currently living in an Oklahoma nursing home, it may be in your best interest to learn about bedsores. Pressure ulcers are preventable injuries to the skin that can prove fatal if not properly diagnosed and treated. Hopefully the facility where your loved one resides makes every effort to prevent pressure sores from developing and has the staff necessary to treat bedsores before they become dangerous.

Bedsores are physical injuries that result from prolonged pressure on the skin. They most commonly develop on the heels, ankles, buttocks, and hips of patients who lie down or sit in the same position for many hours at a time. Therefore, patients who are immobile or wheelchair-bound are particularly at risk of suffering from pressure ulcers. Oklahoma nursing home staff can play a part in preventing bedsores by helping patients shift their weight and position throughout the day and night.

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What Nursing Homes and Caregivers Should Know about Antipsychotics

By Ray Maples on July 10, 2013

Psychosis is an abnormal condition of the mind that is commonly defined as a loss of contact with reality. This is a very serious medical condition that can prove dangerous if not properly treated and diagnosed. Psychotic behavior that results from an illness such as schizophrenia can lead to violent outbursts. This is why Oklahoma nursing homes must ensure that the residents who are exhibiting psychotic behavior are properly treated with antipsychotic medications.

Unfortunately, many long-term care facilities and caregivers are using powerful antipsychotic medications when they are not necessary. Antipsychotic drugs are strong enough to sedate a patient for a long period of time. So, it is common for Oklahoma nursing homes that are understaffed to use them for the wrong reasons — to lessen their workload. This is an egregious form of elder abuse that can have devastating consequences.

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Bristow Man Killed in Collision with Semi Truck

By Ray Maples on July 8, 2013

A 51-year-old Bristow man was killed in an Oklahoma car accident after a semi truck struck his 2000 Chevy truck. According to a News On 6 report, the fatal truck accident occurred on Highway 66 where it intersects with South 501st West Avenue in Creek County. Officials are still trying to determine the cause of the crash, but it appears that the fatally injured victim was traveling west and the semi truck driver was heading east. The Oklahoma Highway Patrol reports that neither man was wearing a seatbelt.

The Bristow man was pronounced dead at the scene of the crash after rescue crews struggled for nearly two hours to free him from his crushed vehicle. The 40-year-old truck driver from Bartlesville was thrown from his cab during the collision. He was transported to a Tulsa hospital in stable condition.

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Thousands Injured in Fireworks Accidents Around Fourth of July

By Ray Maples on July 3, 2013

Consumer safety experts are warning that playing with sparklers and other fireworks during the July 4 holiday can result in serious burn injuries. According to a news report in The Associated Press, fireworks sent more than 5,000 people to the emergency room in the 30 days around the Fourth of July in 2012. The U.S. Consumer Product Safety Commission (CPSC) reports that about 60 percent of the estimated 8,700 people treated for injuries in 2012 were hurt between June 22 and July 22.

Here are some of the highlights of the most recent CPSC fireworks injury study:

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Man Charged with Raping Oklahoma Nursing Home Resident

By Ray Maples on July 1, 2013

An Oklahoma man has been arrested on suspicion of raping a nursing home patient in Waurika. According to a KSWO news report, officials say the man touched a female patient inappropriately after going to the nursing home to visit his mother. The man claimed that the contact was consensual, but the victim said that she told the man to stay away and said “no” several times. The man has been charged with rape by instrumentation. The man was sentenced in 2007 to three years in prison after pleading guilty to one charge of lewd or indecent proposals or acts to a child under 16 years of age.

Oklahoma nursing homes have a duty and a legal responsibility to protect their residents from all types of abuse—physical, emotional, financial and sexual. This means that nursing homes should have a good idea of who is entering and leaving their facilities at all times. Facilities should have proper security, and patients should receive supervision to ensure that they are safe and protected.

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Choosing an Oklahoma Nursing Home for a Loved One with Alzheimer’s

By Ray Maples on June 26, 2013

Acting as the primary care giver for a loved one who is suffering from Alzheimer’s is often frustrating, stressful, and overwhelming. This is why many Oklahoma families choose to relocate their loved one to a care facility that can provide round-the-clock supervision and care. It is important in such cases for families to choose a facility that is suited to their loved one’s needs.

The effects of Alzheimer’s may surface gradually or rapidly. Some individuals experience minor memory issues that gradually become more severe while others may enter advanced stages of Alzheimer’s shortly after diagnosis. Physical tasks such as dressing, bathing, and using the bathroom will become difficult for your loved one. Eventually, you will not be able to leave your loved one alone at night. It is important to begin a search for care services before you are unable to provide support and supervision on your own.

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Oklahoma Head-On Collision Proves Fatal

By Ray Maples on June 24, 2013

A woman was killed in an Oklahoma car accident when the SUV in which she was a passenger was involved in a head-on collision. According to a News 9 report, the fatal crash occurred in the 3100 block of S. Broadway Ave. in Moore. NewsOK reports that the male driver of the southbound SUV may have passed out at the wheel before letting his vehicle cross the centerline where it struck a northbound pickup. The SUV driver’s wife succumbed to her injuries at a nearby hospital. The driver of the pickup and his son were taken to the hospital for examination after complaining of chest pains. The investigation is ongoing.

Head-on collisions often occur because one of the drivers drifts or veers into opposing lanes of traffic. Under Oklahoma Statute 47-11-309-2: “A vehicle shall be driven as nearly as practicable entirely within a single lane and…a vehicle shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.” Drivers who let their vehicle cross lane divisions demarcated by two solid yellow lines can be held accountable for their actions.

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