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Monthly Archives: October 2012

94-Year-Old Wheelchair Resident Killed in Alabama Nursing Home Fire Drill

Oct 30, 2012 - Personal Injury by

A 94-year-old Decatur woman died over the weekend after rolling downhill away from a nursing home during an apparent fire drill. As we reported in October on our Alabama Injury Attorneys Blog, the recently passed trust-fund amendment was championed by the nursing home industry as a way to avoid drastic cuts that could lead to short-staffing and neglect in nursing homes and assisted living facilities throughout Alabama. While we await all the facts and circumstances of this particular case, here’s what we know: The elderly woman was hospitalized Wednesday after her wheelchair rolled downhill outside the Country Cottage Living Facility. A relative said she developed pneumonia after the accident, although cause of death has not yet been determined.

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Tuscaloosa Injury Attorneys Encourage Safety this Halloween

Oct 25, 2012 - Personal Injury by

According to officials with the AAA Foundation for Traffic Safety, Halloween is the most dangerous day of the entire year for pedestrian accidents in the United States. To no surprise, a majority of these accidents involve children. Our Tuscaloosa pedestrian accident lawyers are asking parents to take the proper safety precautions and to talk with their children about safe traveling habits to help to keep our little ghost and goblins safe during their trick-or-treating adventures. We’re also asking homeowners and drivers to make sure that they keep a lookout for our young ones on All Hallow’s Eve. Burns and trips and falls are all common causes of accidents on Halloween. Luckily for homeowners, a little preparation and thought can go a long way toward protecting our children from harm. Medical professionals with the Tuscaloosa Surgical Center offer homeowners, parents and pedestrians some important safety tips. Keeping Kids Safe: -Make sure that each child has a flashlight or is wearing bright or reflective clothing. You want to make sure that they’re easily seen by motorists.

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Fatal Birmingham Dog Attack Kills 83-year-old Leeds Man — 33 Rottweilers Euthanized

Oct 23, 2012 - Birmingham by

A St. Clair County judge ordered the destruction of 33 Rottweilers after two dogs attacked and killed an 83-year-old man in Leeds late last month. The victim, Donald Thomas, was a neighbor. Neither he nor his wife was able to fight off the 100-pound animals. A police officer shot and killed both dogs. Investigators later found 26 dogs at the neighbor’s home. A veterinarian who assessed the dogs said most did not show outward or abnormal signs of aggression.  The Birmingham News reported that the prosecutor’s office has still not decided whether to file criminal charges. Our Birmingham injury lawyers know whether criminal charges are filed is a separate matter from whether or not a victim can file a personal injury or wrongful death lawsuit for damages in the wake of a dog attack.

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Boudreaux v. Pettaway & the Fight to Hold Negligent Parties Responsible for Wrongful Death

Oct 20, 2012 - Medical Malpractice by

In a recent Alabama Supreme Court decision, Boudreaux v. Pettaway, the state’s high court upheld a $ 4 million medical malpractice/wrongful death claim. In 2006, a 32-year-old mother, who had previously undergone gastric bypass surgery, arrived at Springhill Memorial Hospital in Mobile complaining of vomiting and abdominal pain. She died during an exploratory laporotomy.  The estate of Paulett Pettaway Hall sued Dr. Randall Boudreaux and other defendants, including Coastal Anesthesia for wrongful death and medical malpractice.

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Birmingham Accident Risks Increase as Holidays Approach

Oct 16, 2012 - Birmingham by

Our Birmingham personal injury attorneys encourage you to start a discussion with your family about the importance of safe driving as we head into the busy year-end holiday travel season. The National Safety Council reports fatal traffic accidents nationwide are up 7 percent compared to the same period last year and more than 5 percent from 2010. It’s news that has safety officials particularly concerned given that the last three months are typically the deadliest of the year.  More than 21,000 people have died in traffic accidents thus far this year; that’s about 90 people a day. Alabama traffic accidents killed 546 through the end of August, down slightly from 2011 but up from 2010. These numbers are expected to continue to increase as the economy improves. And the last three months of the year are historically the most dangerous on our roads.

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Nursing Home Neglect in Alabama and the Trust Fund Amendment

Oct 8, 2012 - Nursing Home Neglect by

Supporters contend passage of the Sept. 18 trust fund amendment (65 percent to 35 percent), will provide more resources for nursing home care, thereby reducing the risk of abuse or neglect in Alabama nursing homes. The Montgomery Advertiser reported the amendment was heavily lobbied for by the Alabama Nursing Home Association. Passage means nearly $500 million will be taken from the Alabama Trust Fund and placed in the General Fund over the course of the next three years.  Without the increased funding, drastic cuts to Alabama’s Medicaid program would have had severe implications for the two-thirds of Alabama nursing home residents who rely upon those funds for care. What we’ll do in three years when those funds are exhausted is less clear. But nursing home funding will most assuredly become an issue of increasing importance in coming years, with the retirement of the baby boom generation. An estimated 10,000 Baby Boomers are retiring every day. The 2010 Census reported a 15 percent increase in the senior population over the last decade. The Department of Health and Human Services’ Administration on Aging reports the number of seniors in Alabama is expected to nearly double between 2000 and 2030, from 770,000 to more than 1.3 million.

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Uninsured Motorist Accidents in Alabama Target of Upcoming Enforcement Effort

Oct 3, 2012 - Car Accidents by

Uninsured motorist accidents in Alabama will be targeted by law enforcement with new enforcement measures, which are set to take effect Jan. 1. Passed by lawmakers in 2011, the Alabama Online Insurance Verification System will verify vehicle insurance information when renewing your license plates or during traffic stops. Officials estimate nearly 1 in 4 drivers are on the road without insurance. The Insurance Research Council reports Alabama has the sixth-highest rate of uninsured motorists in the nation.  The Alabama Mandatory Liability Insurance Law requires a minimum of $25,000 death or bodily injury per person ($50,000 per accident) and $25,000 property damage coverage. These minimums have been in place for years but are often times inadequate in the event of an accident. A motorist should purchase as much coverage as he or she can reasonably afford — frequently substantially higher limits are available for a small increase in your premium payment.

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Birmingham Work Accident Claims Man’s Memory After Fall Injury

Oct 1, 2012 - Birmingham by

A Birmingham newlywed wakes up every day thinking it’s Valentine’s Day after suffering a fall accident at work. WBRC News reports the injured employee was working on a ladder February 13 and can remember the ladder falling out from beneath him. He recalls another employee waking him up, and he was diagnosed with a concussion at the hospital. But then he started forgetting. Soon he couldn’t remember whole afternoons. Then he started waking up every day thinking it was Valentine’s Day, the day after the accident. Our Birmingham workers’ compensation attorneys know fall accidents are the leading cause of fatal work-related injury. Statistics for 2011 released last week by the Bureau of Labor Statistics show 4,609 employees were killed on the job last year. More than 660 died in fall accidents, making it the leading cause of death after transportation accidents and fatal contact with objects or equipment. A total of 74 employees were killed on the job in Alabama, including 10 who died in falls.

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