Bill To Protect PA Residents Against Dependent-Care Abuse

A recent bill successfully passed in Pennsylvania’s House of Representatives that would act to amend PA’s Crime Code to include protection from abuse by caretakers of care-dependent citizens. This bill works to explain what caregiver abuse would consist of, including failure to provide goods, services, and treatments, as well as actual physical or mental abuse. The law as it stands now only protects against physical harm. The bill will now move on to the State Senate to be voted on in the coming weeks. Bill 1053 was drafted as a result of a series of elder abuse incidents involving personal care homes in Palmyra, PA.

Care-dependent citizens, such as the elderly and mentally disabled, have been subject to an increasing amount of abuse and neglect in the past years. Sadly, abuse and neglect can occur for weeks, months, or years before family members or friends really comprehend or realize what is happening. This new bill will hopefully prevent some of these instances from occurring, and work to clearly define what caregiver abuse consists of and what the punishments will be for that offense.

Attorney Stoehr has successfully negotiated claims involving elder abuse and neglect, most often in nursing homes. If you would like to set up a consultation at no cost to you to discuss your possible claim, please contact his office.

Hope For Those With Severe Spinal Cord Injuries

Disabled people who suffer from severe spinal cord injuries that make them incapable of breathing on their own may see a big development in medical technology coming their way. Doctors at Thomas Jefferson University Hospital have successfully tested and implemented a new implant that will allow quadriplegic patients to breathe without the assistance of a ventilator. The doctors in charge of this new development liken the new implant to a pacemaker, which stimulates muscle activity in the diaphragm. This new device is also expected to reduce the risk of infection, such as ventilator-associated pneumonia (VAP), which was a significant problem with ventilators.

Researchers across the country are also developing treatments to rehabilitate paralyzed patients and, hopefully, help them walk again. The Wall Street Journal recently reported on collaborative research with universities and foundations across America that resulted in a paralyzed man regaining some movement and feeling in previously immobile parts of his body. By combining the use of electrical stimulation from an implant on his spinal cord and large amounts of physical therapy, the patient can now stand and move parts of his legs after only a few days of the treatment. This exciting new development will hopefully continue to aid in fully rehabilitating some forms of paralysis.

Unfortunately, significant brain and spinal cord injuries are not uncommon as a result of a motor vehicle accident, pedestrian accident, bicycle accident, or a slip-and-fall accident. Brain and spinal cord injuries are often complicated to treat and diagnose, and are unarguably frightening and difficult to deal with from the patient’s perspective. If the injury occurred due to the negligence of another, it is also difficult to find a lawyer with both knowledge and compassion about significant neurological injuries. Attorney Stoehr has experiencing handling cases involving these types of injuries and has received favorable outcomes. If you are looking for more information regarding a claim pertaining to spinal cord or brain injuries or would like to schedule a consultation, please contact our law office.

Elder Abuse on the Rise in Pennsylvania

Two recent occurrences across the state have put the spotlight on elder neglect and abuse in Pennsylvania. Unfortunately, this is an issue that Attorney Stoehr faces frequently with his clients and their families in the aftermath of serious injury or neglect in nursing homes and hospitals.

Quadrangle, a Delaware County nursing home, has recently lost its operating license after three workers were arrested for abusing and taunting a 78-year-old patient suffering from dementia. This is not the first time that this particular nursing home has had complaints of neglect; past occurrences have included paint ingestion by a patient in the dementia unit, as well as ingestion of an antibacterial product by another patient. Quadrangle may continue to work while it faces the appeals process. As unbelievable as this situation sounds, these kinds of situations are not uncommon in nursing homes that are understaffed or whose workers lack proper training or knowledge of emergency procedures.

Franklin County also has its share of elder abuse issues; they have reported a fourfold increase in elder abuse complaints within the last four years alone. Franklin County Area Agency on Aging has stated that they handled about 40 cases in 2007; contrast that number with their 2010 report of more than 120 cases and it’s easy to see how prevalent the problem is becoming. The agency has three broad categories in which it investigates cases—financial exploitation, abuse (physical, mental, and sexual), and neglect—which also extends to situations in nursing homes.

Pennsylvania ranks high among states for the percentage of elderly population, which is why it is so important to advocate for the rights of the elderly in situations of injury or neglect. Attorney Stoehr is familiar with, and has successfully resolved claims involving nursing home abuse and neglect. If you believe that you or a loved one has been a victim of nursing home abuse or neglect, please contact our law office for a consultation.

Pennsylvania Considering No-Texting Legislation

An increase in motor vehicle accidents due to texting while driving is prompting Pennsylvania politicians to introduce legislature that would make the practice illegal and possibly a primary offense. If texting while driving is made a primary offense, this allows police officers to stop a vehicle and ticket the driver if he or she is seen texting, even if no other offense has occurred (such as speeding or running a stop sign). If Pennsylvania makes this practice illegal, it will join 32 other states that have done the same, including 13 within the past year.

When this possible ban reached the House floor, an amendment was passed to include cell phone usage while driving as another primary offense. Due to this amendment, the bill was sent back to the Appropriations Committee, where it will be reviewed until it is ready to be readmitted to the House floor for voting. The PA Turnpike reported that 200 accidents were caused in 2010 by texting while driving, a significant number that many fear will rise if this bill does not pass.

At the Law Offices of Attorney Douglas Stoehr, we feel strongly that texting while driving creates distracted, unfocused drivers that are a potential danger to all other vehicles that share the road with them. Texting while driving is a significant cause of motor vehicle accidents. Further, although cell phone usage is presently not in violation of the Motor Vehicle Code, a defendant driver may still be negligent and therefore be responsible for your civil damages.

Although cell phone usage while driving is more understandable in certain circumstances, we encourage drivers to be completely focused on the road and only use their cell phone when absolutely necessary. If possible, stopping by the side of the road or in a parking lot while using your phone is a much safer and more responsible option than dialing and talking to another person while driving.

If you feel that you have been injured due to a distracted driver that was on their cell phone or texting while driving, please contact our office for a consultation.

Safe Driving Over Holiday Weekends

A recent news article by the Pittsburgh Post-Gazette reported that there were a large number of accidents on Pennsylvania highways over Memorial Day weekend, killing 13 people and injuring 294 others. In addition to the increase in accidents and injuries, there were 357 DUI arrests and 7,934 speeding tickets.

We cannot stress to you enough how important it is to remain safe and alert while driving during periods of increased motor activity, especially summer holiday periods like Memorial Day, 4^th of July, and Labor Day. Motor vehicle accidents, bicycle accidents, and pedestrian accidents can be easily prevented with a few simple, common-sense tips:

1) BE ALERT. Do not drive while fatigued.

2) BE FOCUSED. Do not be distracted by others in the car, do not use your cell phone while driving, and especially do not text while driving.

3) BE DEFENSIVE. While you may be a responsible and respectful driver, this does not mean that everyone you are sharing the road with is also a good driver. Be alert for aggressive drivers, those who frequently switch lanes or swerve, or those who are tailgating others.

4) BE SAFE. Always wear your seatbelt. In 5 of the 13 deaths recorded this weekend, the victim was not wearing their seatbelt. Additionally, do not consume alcohol before driving or get into a car with a driver who has been drinking. 83 of the 808 crashes this weekend involved alcohol.

Douglas V. Stoehr works with clients who have been injured in motor vehicle, pedestrian, and bicycle accidents. If you feel that you have been wrongly hurt in an accident, please contact our office for a free consultation. Safe driving and here’s to the start of long-overdue warm weather and a great summer!

Pain Management for Back Pain

It is very likely that you or someone you know has suffered from back pain. There are many causes of back pain including traumatic injuries. Douglas V. Stoehr represents individuals who have suffered back injuries through the fault or carelessness of another individual. Back pain can develop because of car accidents, pedestrian accidents, construction accidents, and slip and falls. In fact, I have represented several people who have sustained back injuries while residing in a nursing home.

Back pain does not necessarily mean you need back surgery. There are a variety of techniques known as "interventional pain management techniques" which can provide effective and minimally invasive relief for these back injuries.

The type of treatment any given patient receives depends upon several factors including the location of pain, chronicity and age of patient. The following are some of the better-known intervention methods for treatment of back pain:

• Trigger Point and Facet Injections: Trigger point injections are singular injections into painful muscles and facet joint injections involves an injection into the actual facet joint which can be done in the lower back and, at times, the shoulder blades.

• Medial Branch Nerve Blocks: This is an injection of sorts which is typically done if the facet joint injection is unsuccessful. This injection temporarily blocks the nerve and is a diagnostic tool for the physician to determine the exact location of your pain.
  Radiofrequency Ablation: The end of the nerve in the low back is literally burned away to prevent it from sending pain signals to the brain.

• Epidural Steroid Injections: These injections use an anesthetic and steroid medication which is injected into the epidural space (you may receive this type of injection if you suffer from sciatica).

• Intradiscal Electrothermal Therapy: This involves heating up a disc when the disc itself is causing pain. That is, the pain is not caused by the disc compressing a nerve but, rather, the disc itself is causing pain.

• Percutaneous Vertebroplasty: This treatment focuses on the fracture that can be a warning sign of osteoporosis. The doctor injects cement into the central vertebral body so that it won’t move and cause pain any more. This procedure can help eliminate the need for back surgery.

• Spinal Cord Stimulation: This is one of the last stops for someone suffering from back pain who has not experienced any relief from other treatments. The goal is to send electrical impulses to block pain from being perceived in the brain. Technically, this is a surgical procedure because the stimulator needs to be implanted in the body. However, there is no surgery done to any of the lumbar discs.
  

Douglas V. Stoehr works with physicians who provide interventional pain management treatment. Contact our office if you would like a referral or simply want to discuss your chronic pain symptoms. We wish you much relief from your back pain!

Attorney Doug Stoehr

COVERAGE CONFUSION> underinsured and Uninsured Motorist's Coverage

One of the most important yet confusing coverage decisions that one must make in deciding what might be the most beneficial automobile insurance coverage to purchase in Pennsylvania involves the issues of how much underinsured and uninsured motorist coverages should be purchased to protect you and your family. Remember that most importantly, uninsured and underinsured motorists coverages serve to protect you and your family if injured by the carelessness of another driver. These coverages, as their names indicate, come into play when the at-fault driver is uninsured or underinsured such that their liability coverage is not sufficient to compensate you for your full recoverable wage loss, medical expenses, pain and suffering and loss of enjoyment of life's pleasures. Unfortunately, some people drive without insurance coverage in Pennsylvania and others drive with only the minimum required liabilty coverage of $15,000.00 per person, $30,000.00 per accident. Should you become seriously injured as a result of the carelessness of someone uninsured or underinsured with minimal or inadequate limits of liability insurance, your injuries and losses could go uncompensated unless you have first adequately protected yourself through the purchase of substantial uninsured and underinsured motorists coverages. These coverages are relatively inexpensive compared to the cost of liability coverage, and there are ways to balance out the cost of purchasing sufficient liability coverage to protect others with the cost of uninsured and underinsured motorists coverages that you purchase in order to protect yourself. The lack of appropriate uninsured and underinsured motorist coverages can have a very catastrophic and regrettable impact upon your financial welfare and security if you find yourself seriously injured in a car collision and inadequately insured with these types of coverages. Should you wish to discuss your automobile coverage limits with knowledgable and experienced attorneys who have nothing to gain other than your thanks from suggesting that you may not be adequately protected, please feel free to contact Doug Stoehr.