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        <title><![CDATA[Nursing Home Abuse - Tapalian Law]]></title>
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        <description><![CDATA[Tapalian Law's Website]]></description>
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            <item>
                <title><![CDATA[Nursing Home Abuse Under-Reported Despite Law, Finds Government Audit]]></title>
                <link>https://www.tapinjury.com/news/nursing-home-abuse-reported-despite-law-finds-government-audit/</link>
                <guid isPermaLink="true">https://www.tapinjury.com/news/nursing-home-abuse-reported-despite-law-finds-government-audit/</guid>
                <dc:creator><![CDATA[Tapalian Law]]></dc:creator>
                <pubDate>Tue, 19 Sep 2017 18:00:56 GMT</pubDate>
                
                    <category><![CDATA[Elder Abuse]]></category>
                
                    <category><![CDATA[Nursing Home Abuse]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                
                
                
                    <media:thumbnail url="https://tapinjury-com.justia.site/wp-content/uploads/sites/703/2017/09/DSCN3343.jpg" />
                
                <description><![CDATA[<p>Rhode Island is home to over 80 certified Medicare and Medicaid nursing homes which provide a vital service to elderly and disabled patients. These facilities contain over 8,500 resident beds, 90% of which are full. As an injury law firm advocating for elder abuse victims who have incurred a personal injury in a nursing home,&hellip;</p>
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<p>Rhode Island is home to over 80 certified Medicare and Medicaid nursing homes which provide a vital service to elderly and disabled patients. These facilities contain over 8,500 resident beds, 90% of which are full. As an injury law firm advocating for elder abuse victims who have incurred a personal injury in a nursing home, at Tapalian Law we find it unsettling that a recent review by the <a href="https://www.hhs.gov/" rel="noopener noreferrer" target="_blank">U.S. Department of Health and Human Services</a> found 33 states failed to report incidents of potential abuse or neglect in skilled nursing facilities, as required by Federal Law. The probe discovered more than 1 in 4 cases of possible <a href="/personal-injury/nursing-home-abuse/" rel="noopener" target="_blank">nursing home abuse</a> allegedly went unreported to police.</p>


<p>Federal Law requires immediate notification of instances of physical or sexual abuse against nursing home patients. Nursing homes should be a comfort to residents who need the medical care, daily assistance, and social opportunities offered by these types of facilities. A nursing home shouldn’t be a frightening experience fraught with elderly abuse and neglect. Tapalian Law is a personal injury law firm helping victims of nursing home neglect and abuse and their families. We realize that nursing homes are a critical element in the lives of many Rhode Island residents and provide a vital service to elderly or disabled patients and their loved ones.</p>


<p><strong>Report Findings by Department of Health and Human Services </strong></p>


<p>According to the <a href="https://oig.hhs.gov/oas/reports/region1/11700504.asp" rel="noopener noreferrer" target="_blank">report</a> by the Officer of Inspector General, Rhode Island did not appear on the list of 33 states with Incidents of Potential Abuse or Neglect in Skilled Nursing Facilities during 2015 and 2016. Nearby Massachusetts and Connecticut were reported with 2 and 1 incident, respectively. The state with the largest number of unreported incidents is Illinois (17), followed by Michigan (13). The audit seeks to serve as an “early communication to those charged with governance or management”, and “may be important because of their relative significance and the urgency for corrective follow-up action”. The audit faults Medicare for failing to enforce the law and determines that the Centers for Medicare & Medicaid Services (CMS), are not doing enough to ensure that proper measures are taken following incidents of potential abuse or neglect.</p>


<p><strong>Rhode Island General Law- Duty to Report Abuse in Health Care Facilities</strong></p>


<p>Although Rhode Island nursing homes were not cited in the probe, they are of course required to follow the Rhode Island <a href="http://law.justia.com/codes/rhode-island/2016/title-23/chapter-23-17.8/section-23-17.8-2/" rel="noopener noreferrer" target="_blank">“Duty to Report” Law</a>. In summary, the law states any physician, medical intern, registered nurse, licensed practical nurse, nurse’s aide, orderly, certified nursing assistance, among many other occupations, is required to report within 24 hours, any knowledge of or reasonable cause to believe that, a patient or resident in a facility has been abused, mistreated, or neglected. The report must include information about the person reporting the alleged incident, information regarding the alleged victim of abuse, mistreatment, or neglect, as well as details, observations, and beliefs surrounding the incident. Other specifics are essential including but not limited to, date and time of incident, names of others who may have knowledge of the incident, name of individual who may be responsible for the incident, and more. Rhode Island has numerous statutes and programs to protect elders, including the Elderly Violence Prevention Act and the Citizen’s Commission for the Safety and Care of the Elderly.</p>


<p><strong>Personal Injury Lawyer Helping Victims of Nursing Home Abuse</strong></p>


<p>If you are the child, or spouse, of a Rhode Island nursing home patient and see your loved one’s health or physical condition deteriorate, seek out the guidance of a RI personal injury attorney. Forms of nursing home neglect or abuse can be physical abuse, emotional abuse, financial abuse, abandonment, sexual abuse, and medical malpractice. Caregivers, nurses, and doctors’ responsible for your loved one’s care at the facility should be able to completely explain how any personal injury or other sign of abuse or neglect has occurred to your family member. If they cannot, this may be a sign that your loved one is being neglected and family will want to explore the incident with the nursing home administrator, authorities, and/or a skilled personal injury lawyer. Designated family members of nursing home or assisted living patients should be kept abreast of the care of their loved one, including any falls, wounds, or sickness. Tapalian Law is a personal injury law firm who helps victims and families of nursing home or elderly abuse, seek compensation for their injuries or mistreatment. If you feel your parent, spouse, or loved one has been hurt due to abuse or neglect in a Rhode Island nursing home, contact Attorney David Tapalian today to discuss your possible elder abuse or neglect case. We provide a free consultation for your personal injury case and will let you know if we think you have a viable claim to seek monetary damages. Call us today at <strong>401-552-5000</strong> or contact us <a href="/contact-us/" rel="noopener" target="_blank">online</a>.</p>


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                <title><![CDATA[How to Prevent Injuries in a Fall- From “Professionals” in the Business]]></title>
                <link>https://www.tapinjury.com/news/prevent-injuries-fall-professionals-business/</link>
                <guid isPermaLink="true">https://www.tapinjury.com/news/prevent-injuries-fall-professionals-business/</guid>
                <dc:creator><![CDATA[Tapalian Law]]></dc:creator>
                <pubDate>Mon, 30 Jan 2017 15:42:10 GMT</pubDate>
                
                    <category><![CDATA[Brain Injury]]></category>
                
                    <category><![CDATA[Nursing Home Abuse]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Slip & Falls]]></category>
                
                
                
                
                <description><![CDATA[<p>The most common cause of injury seen in emergency rooms in the United States, falls can occur at any age. Though many falls are harmless, according to the Centers for Disease Control and Prevention (CDC), 1 in 5 falls causes a serious injury such as a broken bone or head injury. It is estimated that&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>The most common cause of injury seen in emergency rooms in the United States, falls can occur at any age. Though many falls are harmless, according to the <a href="http://www.cdc.gov/" rel="noopener noreferrer" target="_blank">Centers for Disease Control and Prevention</a> (CDC), 1 in 5 falls causes a serious injury such as a broken bone or head injury. It is estimated that around 7.9 million emergency room visits a year are due to falls. Injuries caused by a fall can be detrimental to anyone, especially the elderly. And once a fall does occur, even if it does not cause an injury, it can cause a fear of falling. This fear may result in one changing their daily routine or cutting down on everyday activities to avoid another fall. However, when a person becomes excessively tentative and less active, they become weaker, which in turn increases their chances of falling and getting injured.
</p>


<h2 class="wp-block-heading"><strong>Who Is At Risk for a Fall?</strong></h2>

<p>
Certainly, age is a big factor and the elderly are more prone to falls. Fall injuries requiring medical attention <a href="http://well.blogs.nytimes.com/2015/03/09/the-far-reaching-effects-of-a-fall/?_r=0" rel="noopener noreferrer" target="_blank">rise exponentially from age 18 on</a>. There are many risk factors involved that affect both young and old alike.
</p>


<ul class="wp-block-list">
<li>Chronic illness, underlying ailments</li>
<li>Lower body weakness</li>
<li>Vitamin D deficiency</li>
<li>Difficulties with walking and balance</li>
<li>Medications, such as blood pressure medications, tranquilizers, sedatives, or antidepressants, and use of multiple medications.</li>
<li>Vision difficulty</li>
<li>Foot pain or improper footwear</li>
<li>Home hazards or dangers like- broken or uneven steps or sidewalks, scatter rugs, shoes or toys on the floor, no handrails on stairs or in the bathroom.</li>
</ul>

<p>
A combination of these factors is what causes most falls. Many of these risks are preventable or can be lessened. The more factors that come in to play, the higher the likelihood of a fall. For help with decreasing some of these risk factors, one should consult with their physician.</p>

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<h2 class="wp-block-heading">Steps to prevent a fall</h2>

<ul class="wp-block-list">
<li>Wear appropriate footwear especially in snowy and icy conditions</li>
<li>Improve balance by adding activities such as Tai Chi</li>
<li>Review medications with your doctor on a yearly basis</li>
<li>Make safety revisions to your home, such adding lighting, railings or grab bars in the bathroom</li>
<li>Have your eyes checked on a yearly basis</li>
<li>Incorporate regular exercise including strength building exercises and stretching to stay limber</li>
<li>Slow down</li>
</ul>

<h2 class="wp-block-heading"><strong>The “Right” Way to Fall- Tips from the “Experts”</strong></h2>

<p>
According to paratroopers, stunt professionals, and physical therapists, there is actually a <a href="https://www.nytimes.com/2017/01/24/well/move/the-right-way-to-fall.html?rref=collection%2Fsectioncollection%2Fhealth&action=click&contentCollection=health&region=stream&module=stream_unit&version=latest&contentPlacement=25&pgtype=sectionfront" rel="noopener noreferrer" target="_blank">“right way”</a> to fall. They should know. Jessica Schwartz, a physical therapist in NYC, who trains athletes and those with prosthetics to “safely” fall, says the number one thing to remember is to protect your head. If you find yourself falling, try to pivot to your side and tuck in your head. Falling straight forward or backward can cause more injury. A tip of advice from a stuntman is to “aim for the meat, not bone”, meaning try to bend your elbows and knees and try to take the hit on the fleshiest part of your body, like the side of your thigh, buttocks, and shoulder. A paratrooper’s goal is to fall sideways and “not fight the fall, but just to roll with it”. Try to stay loose and pliable, like a child might do during a tumble, not tensing up and becoming rigid. All the experts agree that the most important key in sustaining a fall is being in good physical condition to begin with.</p>


<h2 class="wp-block-heading"><strong>What To Do After a Fall</strong></h2>

<p>
Inevitably, you will fall and hopefully it won’t be serious. Falls are the most common cause of injury seen in emergency rooms in the U.S. and can cause broken bones, like wrist, arm, ankle, and hip fractures. Falls can cause head or brain injuries, which can be very serious, especially if the person is taking certain medicines (like blood thinners). Falls are the most common cause of traumatic brain injury (TBI). A person who falls and hits their head needs to seek medical attention right away. As the American population ages, we will see more injuries caused by falls. Even in nursing homes, which are skilled in helping to prevent falls, injuries can still happen. If an injury caused by a fall occurs at a nursing home, it may be found negligent of failing to “provide a safe environment” or improper supervision.</p>


<p>A fall can happen to anyone, and anywhere. Young and old, on a public sidewalk, in a nursing home, or in the privacy of your own home. A serious fall can have lifelong repercussions that make it hard for a person to get around, work their normal job, do everyday activities, or live on their own. How will you take care of your family if you are injured and can’t work? How will you pay your bills? These are all very important questions that arise after a debilitating injury. If you or a loved one have been injured in a fall in Rhode Island or in Massachusetts, whether it be on an icy sidewalk or in a nursing home, you need legal advice. Call a <a href="/" target="_blank" rel="noopener">RI Personal Injury Attorney</a>. At Tapalian Law, we help those injured in falls every day. We will meet with you to assess your case, for free. We receive no money unless you receive money for your injuries. There are time limits on your personal injury claim, call <a href="/">Attorney David Tapalian </a>today at 401-552-5000 or contact Tapalian Law via our online contact form.</p>


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            <item>
                <title><![CDATA[Prevent Nursing Home Falls To Avoid Head Injuries]]></title>
                <link>https://www.tapinjury.com/news/prevent-nursing-home-falls-to-avoid-head-injuries/</link>
                <guid isPermaLink="true">https://www.tapinjury.com/news/prevent-nursing-home-falls-to-avoid-head-injuries/</guid>
                <dc:creator><![CDATA[Tapalian Law]]></dc:creator>
                <pubDate>Sat, 28 Jan 2017 00:55:45 GMT</pubDate>
                
                    <category><![CDATA[Brain Injury]]></category>
                
                    <category><![CDATA[Elder Abuse]]></category>
                
                    <category><![CDATA[Nursing Home Abuse]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Safety]]></category>
                
                    <category><![CDATA[Slip & Falls]]></category>
                
                
                
                
                <description><![CDATA[<p>A fall can cause a traumatic brain injury or TBI, which includes concussions. Elderly people are more susceptible to falls because the ability to balance decreases with age, and they may have more difficulty walking without assistance. For this reason, falls in nursing homes are common because of the number of elderly and incapacitated patients.&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<div class="wp-block-image aligncenter">
<figure class="is-resized"><img decoding="async" alt="" src="/static/2017/02/HelpingSomeoneInAWheelChair-300x75.jpg" style="width:300px;height:75px" /></figure></div>
<p>A fall can cause a traumatic brain injury or TBI, which includes concussions. Elderly people are more susceptible to falls because the ability to balance decreases with age, and they may have more difficulty walking without assistance. For this reason, falls in nursing homes are common because of the number of elderly and incapacitated patients. However, falls in nursing homes can be prevented if the staff takes reasonable measures to ensure safety.</p>


<h3 class="wp-block-heading"><strong>Basic Requirements for Resident Safety</strong></h3>

<p>A nursing home facility should provide a safe place for residents to move around by meeting specific guidelines to prevent falls. This includes removing tripping hazards, such as rugs and electrical cords from traffic areas, as well as keeping clutter out of hallways and other walk areas.</p>


<p>Non-slip mats should be installed in bathrooms, especially in showers and bathtubs. Handrails in showers and grab bars near toilets and along stairways should also be installed to help prevent falls. Chairs with padded arms provide more stability to assist a person while rising out of the chair until he or she is able to gain his or her balance. Proper lighting throughout the resident’s room and common areas ensure residents have better visibility of their surroundings to reduce the risk of trips and falls.</p>


<p>In addition, nursing home staff members should be aware of medications that residents may be taking that could impact balance or cause dizziness or lightheadedness. Some medications increase the risk of an injury from a fall because of the side effects associated with these medications.  Staff members need to have procedures in place to provide fast response to calls for help, so residents don’t attempt to get up on their own, especially in the case of residents who have conditions that make standing and walking without assistance dangerous.</p>


<h3 class="wp-block-heading"><strong>Signs of Traumatic Brain Injury</strong></h3>

<p>In addition to setting up procedures to prevent falls, it’s important for staff members to recognize signs of a concussion and other brain injuries right away to obtain immediate medical help. Some of the most common signs of a brain trauma include:</p>


<ul class="wp-block-list">
<li>Headaches</li>
<li>Dizziness</li>
<li>Vertigo</li>
<li>Vomiting and nausea</li>
<li>Confusion</li>
<li>Inability to concentrate</li>
<li>Reaction time is slower</li>
<li>Fatigue</li>
<li>Loss of consciousness even if it is only for a moment</li>
<li>Double vision</li>
<li>Blurred vision</li>
<li>Changes in the ability to taste or smell</li>
<li>Irritability</li>
<li>Anxiety</li>
<li>Changes in personality</li>
<li>Inability to remember facts or events</li>
<li>Changes in speech</li>
<li>Difficulty with fine or gross motor skills</li>
</ul>

<p>If you notice any of these signs after a fall, even days later, it’s important to take the person to a medical provider for a diagnosis.</p>


<p>A TBI can cause long-term problems and result in permanent disability or death. If a person falls, he or she needs to rest and move with caution, even after a doctor releases the person for normal activity. Close monitoring is essential to ensure the person returns to normal activity after a fall in a nursing home.</p>


<h3 class="wp-block-heading"><strong>Do You Need a Rhode Island Nursing Home Abuse Attorney?</strong></h3>

<p>Some falls in nursing homes are due to neglect or negligence. It is important to investigate the cause of the fall to determine if your loved one has a claim against one or more parties. A monetary award cannot undo the damage caused by nursing home abuse; however, it can provide for extended personal care and additional medical care to help your loved one recover fully from the fall. In addition, it brings the abuse to light so that other patients may not have to suffer the way your loved one has suffered.</p>


<p>Contact Tapalian Law by calling <strong>401-552-5000 </strong>or use our online <a href="/contact-us/">contact form</a>. Our law firm represents clients in Rhode Island and Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you!</p>


<p><strong>Se Habla Español</strong></p>


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                <title><![CDATA[Be Careful What You Post On Social Media – How Social Sharing Impacts Your Rhode Island Accident Claim]]></title>
                <link>https://www.tapinjury.com/news/careful-post-social-media-social-sharing-impacts-rhode-island-accident-claim/</link>
                <guid isPermaLink="true">https://www.tapinjury.com/news/careful-post-social-media-social-sharing-impacts-rhode-island-accident-claim/</guid>
                <dc:creator><![CDATA[Tapalian Law]]></dc:creator>
                <pubDate>Fri, 21 Oct 2016 04:00:00 GMT</pubDate>
                
                    <category><![CDATA[Articles]]></category>
                
                    <category><![CDATA[Auto Accidents]]></category>
                
                    <category><![CDATA[Car Accident]]></category>
                
                    <category><![CDATA[Defective Product]]></category>
                
                    <category><![CDATA[Medical Malpractice]]></category>
                
                    <category><![CDATA[Nursing Home Abuse]]></category>
                
                    <category><![CDATA[Pedestrian Accident]]></category>
                
                    <category><![CDATA[Personal Injury]]></category>
                
                    <category><![CDATA[Slip & Falls]]></category>
                
                    <category><![CDATA[Truck Accident]]></category>
                
                
                
                
                <description><![CDATA[<p>Thanks to sites like Facebook, Instagram, and Twitter, people can share the details of their lives with friends and family every second of the day. People post everything from what they are eating for breakfast and where they are eating dinner to how irritated they are standing in line at the grocery store and how&hellip;</p>
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                <content:encoded><![CDATA[
<figure class="wp-block-image"><img decoding="async" src="/static/2016/12/Social-Media-1110x624-1.jpg" alt="Social Media icons"/></figure>



<p>Thanks to sites like Facebook, Instagram, and Twitter, people can share the details of their lives with friends and family every second of the day. People post everything from what they are eating for breakfast and where they are eating dinner to how irritated they are standing in line at the grocery store and how long they have sat in the doctor’s office waiting to see the doctor.</p>



<p>Therefore, it’s common to tell others about a car accident you were in or other accident that caused you to be injured. Social media makes it easy and convenient to update all of your friends and family with one post. Posting on social media is much easier than making numerous telephone calls or sending a text to each person. However, sharing information on social media can damage your accident claim, especially if you have a public profile. Don’t be fooled; social media posts can damage your personal injury claim even if your profiles are private.</p>



<p>Nothing you post on the internet is completely private, regardless of your security settings. The attorney for the other party will be monitoring your activity online. He may also request a subpoena from the court to compel you to turn over the information from your social media accounts.</p>



<h2 class="wp-block-heading" id="h-why-you-shouldn-t-share"><strong>Why You Shouldn’t Share</strong></h2>



<p>The precedents set by previous cases allow insurance companies and defendants in personal injury cases to use your social media posts against you. Not only can they review your social networks and posts as part of the discovery process in a lawsuit, but the information can also be used as evidence in court. What you say online can damage your case. It can limit the amount of compensation you may receive for an accident claim.</p>



<p>Even if you tell the truth on your social networks, the information you post may be construed differently from what you meant. What you say and post may be manipulated to favor the insurance company. Therefore, it’s important to think before you speak or post. For example, posting that you were in a hurry to get to the school to pick up your children when the crash happened may be construed to mean that you were speeding even though you were doing the speed limit.</p>



<h2 class="wp-block-heading" id="h-how-social-media-can-hurt-you"><strong>How Social Media Can Hurt You</strong></h2>



<h3 class="wp-block-heading" id="h-posting-photographs">Posting Photographs</h3>



<p>There are several ways what you share on social media can hurt your case. For instance, photos you post online can be misunderstood. Perhaps you show a photo of you going to a party. The other side could use the photo as an example that you feel better than you claim. The photo could be used against you even if you only attended because it was your parent’s 50<sup>th</sup> anniversary party that had been planned for over a year and you were in severe pain the entire time you were at the party.</p>



<h3 class="wp-block-heading" id="h-misunderstood-statements">Misunderstood Statements</h3>



<p>If you share too much information about your accident, your case could be hurt. Perhaps you say how sorry you are that the other driver was injured in the collision. The defense could use this simple statement as evidence of your admission of fault for the accident. Statements that appear to contradict information you provided in the claim could be used against you. A post that simply says “I’m so glad I’m okay” could be used to indicate you weren’t seriously injured in the accident when you only meant you were glad you didn’t die.<br></p>



<h3 class="wp-block-heading" id="h-comments-on-your-posts">Comments On Your Posts</h3>



<p>Comments by others can also hurt your case. For example, a friend jokingly says, “I’m not surprised you were in an accident with your lead foot.” An indication that you have a tendency to exceed the speed limit could be used to attempt to prove that you are an unsafe driver; therefore, you were at fault or partially at fault for the crash.<br></p>



<h3 class="wp-block-heading" id="h-tracking-location">Tracking Location</h3>



<p>Social media can now track your location. This information can be used against you. For example, if the tracking information reveals you attended events, or you were running errands, the insurance company for the other party may use this information as evidence to allege you weren’t hurt as seriously as you claim. If you can go to events and run errands, you must be okay. It wouldn’t matter why you were out of the house; it would only matter that you were able to be out and about after your accident. You might have a difficult time proving that you attended the event out of obligation though it caused a physical hardship for you.</p>



<h2 class="wp-block-heading" id="h-call-a-rhode-island-personal-injury-attorney"><strong>Call A Rhode Island Personal Injury Attorney</strong></h2>



<p>If you have been injured in an accident, seek help from an experienced Rhode Island personal injury attorney. Limit your exposure on social media and follow your lawyer’s advice to protect your claim.</p>



<p>Contact the Tapalian Law for a free legal consultation with an accident attorney. You can reach our office by calling <strong>401-552-5000</strong> or by using our online <a href="/contact-us/">contact form</a>. Our injury lawyers represent clients in Rhode Island and Massachusetts. We offer free consultations 24/7 for your convenience. If you cannot come to us, we will come to you!</p>



<p><strong>Se Habla Español</strong></p>
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