Los Angeles Injury Lawyer Blog

The San Fernando Valley’s elderly population is in serious danger. Of the 419 nursing homes in Los Angeles, only 17 facilities were in full compliance with federal safety standards. Many nursing homes violate standards that create a real risk of injury or death to their patients. Seventy-six percent did not provide adequate staffing for the dependent adults in their care. This has resulted in medication errors, life-threatening bed sores, and failure to timely treat medical conditions at an early stage, put the 34,000 resident of Los Angeles’ nursing homes at an unacceptable risk.

Recognizing that the elder population is particularly vulnerable to abuse and neglect, California “elder abuse” law provides an effective means for holding nursing homes liable for the injuries they cause. When regulators don’t have the resources to enforce laws designed to protect elders, elder abuse lawyers sometimes get involved. Unfortunately, that usually does not happen until a family member is injured or dies.

If you are in a position where you may have to place a loved one in a nursing home for care, there are some things you can do. First, do your homework. There are a number of resources on the internet about nursing homes in Los Angeles County. One is the “Long Term Care County Data Book,” which you will find at http://www.caads.org/ltcdata/ltc_data.html. Visit several nursing homes and interview the staff. Ask for references. Talking to the family members of other residents will let you know how satisfied, or not, they are with the care at the facility. Finally, contact DHHS to find out whether the nursing home is in compliance with State and federal laws and whether they are aware of any serious complaints about the facility.

If you have a family member living in a nursing home, there are a number of things you can do to help protect him or her. Be vigilant. Frequent visits at different times of the day and night will give you the best snapshot of the quality of care the nursing home delivers. Establish a relationship with the nurses and nurses’ aides responsible for your loved one’s care. They are more likely to be conscientious if they have a connection to you and your family. Investigate any complaints made by the resident. If the complaints are frequent or unresolved after a reasonable time, submit the complaint to the Department of Health and Human Services (DHHS). You can find a form for this at http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/SOC341.pdf

If that suggestion is not helpful, you may want to consider consultation with a qualified elder abuse attorney in your area.

Driving in Los Angeles while holding a cell phone is a bad idea. Holding a cell phone to your head not only affects your concentration, but also restricts your ability to check your blind spots and turn the wheel. It is no surprise that there is a correlation between holding a cell phone while driving and auto accidents.

Last July, a new law came into effect which prohibits talking on a cell phone while holding it. It is worth commenting on this new law because as I drive around the streets I still see people holding their cell phone and talking while driving. I suppose much like when the seatbelt law came into effect, it will take some time before people figure out that this law does have a purpose and it makes sense.

Oddly enough, this law does not prohibit reading and writing text messages while driving. Fortunately, that has been rectified and now it is unlawful to text message while driving.

These new laws have been a boon to the Bluetooth industry which has seen huge sales increases in the past year. There has also been a terrific improvement in the quality of these devices. There are many low-cost good-quality Bluetooth devices available which make it legal to use your cell phone while driving.

Although it’s too late for drivers who have already suffered personal injuries in auto accidents, a side benefit to this law is that it has increased awareness in the dangers of driving while holding a cell phone. This alone has helped reduce the number of car crashes in California. Until drivers adopt this new law, there will be still be a high need for Los Angeles Auto Accident Attorneys.

Los Angeles and all of California, are seeing the same changes in the economy that is seen across the country. Unemployment is up, which means people are losing their jobs.

When you lose your job, it is only natural to think that your employer has done something wrong. They have made a mistake and should not have fired you. The next step is considering whether you have legal recourse against your employer for wrongful termination.

The first thing you must understand is that California is an “at-will” state. That is, absent a written contract stating otherwise, you have your job at the will of your employer. Your employer may fire you at any time. They may or may not have a reason for firing you. They do not need to have a reason. If they have a reason, almost any reason is fine.

We often get calls from people who were fired where they feel it was not just. They were doing a better job than other people that were not fired and they think they were fired because one person who is messing up the company just did not like them. It was a bad business decision. The reality is, under California at-will law, a company is allowed to make bad business decisions and can fire you when doing so will hurt the company.

What your employer cannot do, is fire you if you have an employment contract that states they can only fire you for limited specific reasons. Your employer cannot fire you based on your age, race, sex, religion, national origin, or disability. Your employer cannot fire you because you reported some type of wrong-doing in which your employer was engaged.

The economy is impacting everyone. Now is a good time to have a job. Keep in mind that you may be an at-will employee which should have some impact on your behavior and performance in the workplace. If you have a conflict, and you are thinking you cannot be fired because you are such an asset to your company, you would be well served to know if you are an at-will employee.