Blog


As we age, our medical needs tend to grow. Nursing homes and other long-term care facilities exist to meet the medical needs of people who have medical issues but do not necessarily require hospitalization. These facilities have a legal obligation to provide care which meets the applicable standard of care—care that is not negligent. Unfortunately, this does not always occur, and every year thousands of nursing home residents are injured by the  medical malpractice of treating physicians...

February 28, 2017

New regulations by the Centers for Medicare & Medicaid Services (CMS), which govern nursing homes across the country that accept patients with Medicare and Medicaid, are beneficial for nursing home residents, with the greatest benefits to those most vulnerable.    Nursing homes frequently medicate residents with dementia for the convenience of the staff.  Some of the most vulnerable residents are sedated or treated with psychotropic drugs as a means to restrain them. ...

January 27, 2017

Nursing home abuse is a significant public health issue in the United States, with untold numbers of residents needlessly suffering due to the wrongful acts of the very people who are supposed to be caring for them. It is common knowledge among people familiar with the industry that nursing home abuse is underreported, but the statistics that have been gathered suggest the problem is widespread and affects thousands of people every year.The reasons that nursing home abuse goes unreported...

January 19, 2017

The Arizona Department of Transportation reports that there were 36,139 traffic crashes resulting in injuries in 2015. Motor vehicle accidents can often leave victims with injuries that require emergency medical attention and may result in lifelong medical problems or disabilities. For example, even a relatively minor wreck could result in broken bones, traumatic brain injuries (TBIs), burns, or spinal cord injuries, all of which could produce long-term consequences. For this...

December 20, 2016

As the Boomer Generation gets older, the nursing home population is expected to grow dramatically. While these facilities are designed to meet the medical and social needs of older adults and others who are unable to care for themselves, they often fall short of this goal - sometimes, with devastating results. For many of us, the decision to put our parents or other loved ones into a nursing home is one of the most difficult choices we will ever make. The reality is that many of us...

November 01, 2016

We have written here before that nursing homes use binding arbitration agreements with nursing home residents to avoid juries seeing some of the horrible abuse and neglect sustained by the elderly and vulnerable. These agreements are usually buried in admission documents and signed before there is ever a problem.  Medicare has now stepped up to end this practice.  The Centers for Medicare and Medicaid Services (CMS) has finalized a rule that will ban nursing homes and long term care...

September 28, 2016

Doug Weber just wrapped up the last of a series of claims involving a plane crash that resulted from the aborted takeoff of a US Airways flight. Doug and his co-counsel represented seven claimants in all, and two were travelers from the country of Northern Ireland.  In the process, their legal work established new law in Arizona.  The claims of the Irish passengers, as international travelers, were governed by international treaty, set forth in what is known in aviation law as The...

September 23, 2016

Our partner, Jeff Miller, and his family have been involved with Rancho Feliz Charitable Foundation for nearly 25 years.   The organization provides opportunities for the people of Agua Prieta, Sonora, Mexico, many of whom often go without basic human needs.  The focus of the organization has been an exchange program which supports and encourages opportunity in this very impoverished border town. The centerpiece of those efforts has been the construction of an entire...

March 22, 2016

We wish and hope, of course, for everyone to have a safe and enjoyable New Year’s celebration.  That is made more likely, obviously, if folks display good judgment. Sadly, good judgment frequently seems to be in short supply as we approach midnight on December 31st.  While no one at MWK is looking to ruin your good time, please allow us to offer a few suggestions to help you get safely into 2016 without endangering yourself or others:DO have a decent meal before you begin to drink,...

December 31, 2015

Last year marked the deadliest Thanksgiving holiday weekend in recent memory on Arizona’s roads. Eighteen people died in crashes over the holiday period. Six of those deaths involved collisions where at least one driver was impaired. The state is pouring a lot of resources into enforcement this year, in an attempt to bring those numbers down. You can do your part. If you drink too much at a gathering - or see someone who has - do the right thing. Call a cab, Uber or Lyft. Don’t let someone...

November 25, 2015

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