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Napoli Bern Ripka, LLP Blog

Blog Category:

Wrongful Death

    8/25/2008
    Paul Napoli
    Comments (0)

    Wrongful Death In Nursing Home

    Children that choose to put their parents in a nursing home have to go through a difficult decision making process. Nursing homes have the capabilities and facilities to care for a parent that no child would be able to. A 24/7 staff is there to tend to every care that an elderly person might need. The assurance that medical help is only a moment away is a very assuring thought. A nursing home also gives an elderly person activities and a social program that enables them to live out their days in the best manner possible. But what if a nursing home turns out to be a nightmare instead of a safe haven. It turns out that medical negligence has been seen in nursing home across the country. The fact of the matter is that some nursing homes take advantage of the elderly and not provide the type of assistance that one may need.


    Another instance of a lack of care situation was at a nursing home rehabilitation center in Seattle. The Steele family felt that their daughter was not properly cared for. Lee Ann Steele was turned over to the rehabilitation center after suffering from a stroke. She was supposed to use the rehabilitation center as a crutch to lean on in her time of need. Ms. Steele’s tube ended up getting corroded with mucous which caused a lack of oxygen leading to brain damage. Steele’s complications from the rehabilitation center ended up causing her death. Instances like Lee Ann Steele’s are more common that you might think. Extendicare Homes Inc the owner of the nursing home facility has been sued over this wrongful death case in which the allegations charged were that “Extendicare violated consumer-protection laws by advertising quality standards above government regulations and failing to deliver.”


    Steele’s family is file the suit as a class action suit because they have come to see that thousands have suffered from Extendicare’s negligence. This type of action by a nursing home is something that no one should be put through and that more than one person has suffered is enough to put their business to a halt. Extendicare is a large nursing home company that has over 250 facilities nationwide. For a company that promotes safe healthcare and rehabilitation to fail at caring for their patient’s well being is something that should not be happening. People who have suffered from Extendicare should contact a wrongful death lawyer at Napoli Bern Ripka. Suffering from an occurrence of wrongful death is no easy situation.


    At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorneys have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them. We speak for them in the legal arena and we make sure they have someone to talk to when they are ready.


     


    For the full article on the Steele’s struggle on wrongful death, click here

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    Labels: napolibern.com, New York City
    7/2/2008
    Oguz Ozdemir
    Comments (0)

    Scott Peterson Wrongful Death Trial Continues....

    Convicted killer, Scott Peterson, will be held in trial again over the wrongful death of his wife Lacey Peterson and his unborn son Connor. His former in-laws are seeking a multimillion-dollar civil judgment against him.


     Judge Roger Beauchesne ruled Friday that Peterson's conviction and death sentence would not speak for themselves during a wrongful death trial. Beauchesne stayed his ruling until June 23 to allow lawyers to appeal. Peterson is still insisting that he is innocent and is a victim by the substandard investigation held by the Modesto police.


    The trial is set to begin July 8 and should take about five weeks, said Gourjian, an associate of attorney Mark Geragos, who represented Peterson during a trial that garnered nationwide attention.


    Attorneys for Laci Peterson's father, Dennis Rocha, and mother, Sharon Rocha, argued that the facts of the case were already settled. Beauchesne disagreed, saying there were still issues in the case sufficient to be re-tried.


    Attorney Adam Stewart of Modesto, who represents Sharon Rocha, said Peterson can end the litigation any time he likes by agreeing to a monetary judgment of $10 million or more.


    If any of your family members have an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented.


    Scott Peterson likely faces second trial in wrongful death case, MiamiHerald.com, June 6, 2008

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    Labels: napolibern.com New York City
    6/16/2008
    Paul Napoli
    Comments (0)

    Wrongful Death

    The recent crane accident in New York City is just one example of negligence that unfortunately occurs all the time. In this case as well as other fatal accidents such as: a car or motorcycle accident, drowning, negligence in a nursing home, death by a drunk driver, or an accidental death by a gun, it is best to take legal action as soon as possible. We know that this can be a difficult subject to talk about, however to help these types of situations to occur less in the future, it is imperative for the public to learn from others mistakes.


    A wrongful death is a claim in common law jurisdiction against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Investigators are examining in the crane accident how a worn-out part was taken off a construction crane last year, rebuilt and installed on another crane, which collapsed last week in an accident that killed two workers. The wrongful death of the two workers is a tragedy that occurred due to negligence. Since most wrongful deaths are based on negligence, you will need to prove that the wrongdoer had a duty to act in a certain duty, and that person breached their contract to act in a responsible manner, which cause a death. 


    A wrongful death could occur as a result of a variety of situations, including: Occupational exposure to hazardous conditions or substances (e.g. toxins), Automobile, bus, train airplane or other common carrier accident, Death during a supervised activity (sports tournament, field trip, etc.), Neglect or abuse on the part of a nursing home that results in decedent’s death, or Medical malpractice that results in decedent's death. All of these situations classify as a wrongful death in which compensation


    At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them. We speak for them in the legal arena and we make sure they have someone to talk to when they are ready.

    Read More about "Wrongful Death"


    Labels: Crane New York City

 

 

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