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Month: May 2021

Six common types of nursing home abuse
(And what you can do to stop it)

Written by Brandon Herrera on May 25, 2021. Posted in Personal Injury Case. No Comments on Six common types of nursing home abuse
(And what you can do to stop it)

No one likes to think about their loved one suffering abuse or neglect at the hands of those who are tasked with their care. Unfortunately, nursing home abuse and neglect are a growing problem in the United States and around the world.

Most people wish for a long and happy life surrounded by family and friends. Living a long life means you eventually reach a point when you depend on others for your daily care. What do you do when the people who are supposed to help you live out your golden years in peace and contentment are causing you pain and suffering? Contacting an attorney skilled in elder abuse laws can help.

What are the most common types of nursing home abuse?

Elder abuse is a growing problem in the United States. The National Center on Elder Abuse classifies elder abuse into six categories.

Physical abuse. Some of the signs of physical abuse can include bruises, black eyes, welts, lacerations, broken bones and fractures, open wounds, and signs of restraint. These are not the only indicators that physical abuse is occurring but are some of the most common. Any physical contact with a nursing home resident that results in bodily injury, impairment, or physical harm meets the legal definition for abuse.
Sexual abuse. Non-consensual sexual contact of any kind with a nursing home resident is sexual abuse. This can include unwanted touching, sexual assault and battery, and sexually explicit photographing of a resident. Some of the most common signs of sexual abuse in the elderly are bruising in the genital area or on the breasts, unexplained anal or vaginal bleeding, and unexplained sexually transmitted diseases or infections.
Psychological abuse. From the time we are small children, we are taught that our words can hurt others. Verbal abuse of nursing home residents is, unfortunately, a common occurrence. Non-verbal actions also are classified as psychological abuse and can include forced social isolation and treating an elderly person as a child. Some of the warning signs of psychological abuse include emotional upset and agitation, withdrawn or non-responsive behavior, and self-soothing techniques like rocking.
Neglect. Nursing home staff who refuse to fulfill any of their duties as caregivers are engaging in elder neglect. Some of the most common forms of nursing home neglect include failure to provide adequate access to food and water, personal hygiene, medicine, comfort, and other daily living essentials. Signs of neglect include dehydration and malnutrition, untreated bedsores, poor personal hygiene, and unsafe living conditions.
Abandonment. Leaving an elderly person to fend for themselves when they have physical and emotional dependencies for their daily care meets the legal definition of abandonment. When nursing homes assume the responsibility of caring for your loved one, they are legally bound to provide an agreed-upon level of services. Deserting elderly residents in public locations is one common sign of abandonment.
Financial exploitation. Improperly using an elderly person’s assets, bank accounts, and property is considered financial exploitation. This kind of nursing home abuse most frequently happens to residents who are suffering from memory impairment like dementia or Alzheimer’s. It includes forging signatures and cashing checks without authorization or permission and stealing an elderly person’s material possessions. Keep a watchful eye out for sudden changes in a bank account or banking practices and the inclusion of additional names on credit cards or bank accounts.

elder abuse, elder care, ombudsmen, elder care advocates

What to do if you suspect abuse or neglect

It can be difficult to know what to do if you suspect abuse or neglect. The last thing you want to do is leave your elderly loved one in the care of someone who may be hurting them emotionally or physically. Taking the right action quickly can help prevent further abuse or neglect and the physical and emotional harm that it causes.

Law enforcement. If your loved one is in imminent danger, do not waste time. Call 911 or the local police department and request immediate assistance. Police have the authority to investigate. They can secure any warrants needed to gather evidence when abuse or neglect is confirmed.
Adult protective services. When abuse or neglect is suspected but you are having difficulty verifying it, calling in adult protective services can help. The New Mexico Aging and Long-Term Services Department handle cases of suspected abuse, exploitation, and neglect. There are 5 adult protective services regions serving 33 counties in New Mexico. To find yours, call the main helpline at 866-654-3219. They will direct you to the correct department and help you file a report. An inspector or advocate from adult protective services will conduct a thorough investigation to ensure your loved one is protected.
Long-term care ombudsman. Ombudsmen empower residents of nursing homes and assisted living facilities by educating them on their rights as protected by state and federal law. If you have an elderly loved one who depends on someone else to provide their care, bringing in an ombudsman is a good idea, even if you do not suspect abuse. Ombudsmen regularly visit residents and are skilled at spotting any signs of abuse or neglect. You can use this resource to help locate an ombudsman anywhere in New Mexico.

How to prove nursing home abuse or neglect

If you suspect your elderly loved one is suffering abuse or neglect at the hands of a nursing home or other elder-care facility, you must contact an attorney right away. It is our job to help you prove your case. We can cut through the red tape to compel nursing homes and assisted living facilities to provide documents to support your claims.

Criminal and civil penalties are part of nursing home abuse and neglect cases. The two are not mutually exclusive. It is possible to have criminal charges filed against a nursing home or assisted living facility or its employees while also pursuing a personal injury case. This is when the expertise of Marcus Cameron and Bill Russell is advantageous. Their combined experience in both civil and criminal law ensures the best possible outcome.

Call our offices today at 505-218-7844 or contact us online to request your no-obligation consultation with our team. First consultations are always free at Cameron & Russell, so you have nothing to lose by discussing your case with us.

My hip was recalled. Now what?

Written by Brandon Herrera on May 18, 2021. Posted in Deffective Product, Personal Injury Case. No Comments on My hip was recalled. Now what?

Product liability is a common reason for personal injury lawsuits in the U.S. Each year, roughly 40 million lawsuits are filed by consumers who are injured by faulty products. It is much easier to deal with products used externally when there is a defect in their design or manufacturing. What happens when the product that is not working as intended (or outright causing harm or further injury) is implanted inside your body? It is scary to think about, but unfortunately, it happens.

A perfect case in point is some recalls and lawsuits over defective hip replacements. Some of the most popular hip replacement manufacturers faced recalls and lawsuits in recent years. It is better for consumers when defects are discovered before they end up in your body. Once a defective hip replacement part is inside you, it can cause added pain and suffering if it must be removed or repaired. When that happens, consumers turn to personal injury law firms to help recover costs associated with additional surgery, lost wages, and pain and suffering.

Different types of product liability

Three main types of product defects can lead to recalls and product liability personal injury lawsuits.

Design defects are serious and denote an entire product was either poorly designed or never tested for safety and efficacy before hitting the market. This type of product defect has the potential to cause serious injury to consumers and even death depending on the severity of the defect. For this reason, consumers tend to receive larger settlements and court-awarded damages for design defects.
Manufacturing defects happen when the product was designed well, but something went wrong in the manufacturing process. Manufacturing defects can affect all products or just a few on the assembly line. It depends on what the issue with manufacturing was on whether every product is affected or a select few from a certain “batch.”
Marketing defects are part of the warning labels for products. Consumers are familiar with product packaging that includes instructions for assembly (when applicable) and proper use and safety guidelines. Product manufacturers who fail to include this information – or who omit important details that can cause someone to misuse a product – can be liable for that omission if it leads to injury or death.

Just because a product is defective does not mean it will cause an injury or death. The responsibility for recalling a product lies with the producer, manufacturer, and importer of the product. If any of these parties know of a defect and fail to alert consumers, they can face product liability lawsuits from consumers and potential punitive action from the U.S. government.

Most common types of hip replacement recall

Modern medicine is amazing. There was a time when, if you had a hip injury, you had to live with the debilitating pain and decreased mobility. Now, there are options for products designed to restore range of motion and help you live an active, pain-free lifestyle.

Just because these devices exist does not mean they work perfectly. Increased failure rates for hip replacement parts – especially the metal-on-metal designs – are becoming more commonplace. Sometimes patients suffer from metal poisoning.

While designers and manufacturers of hip replacement products are compelled toward safety, the Food and Drug Administration does not require premarket testing for hip implants. That means if there is an issue the designers or manufacturers did not anticipate, it will not be discovered until after consumers are using the product. Early failure rates for hip replacement products are one of the main reasons consumers filed lawsuits in recent years. Some consumers have claimed manufacturers had or should have had prior knowledge of increased health risks associated with their products. The recent recalls and subsequent consumer lawsuits over Zimmer hip replacements are one such example.

Increased risk with medical part recalls

Returning a faulty hip is not the same as returning a toaster with wiring issues or a car with a design flaw to the place where those items were purchased. When the product that is causing you pain or further injury is inside your body, it creates a whole new layer of difficulty and risk to the consumer.

When your hip joint is worn or damaged, it can affect your mobility and cause pain when moving or resting. Some people suffer from conditions like osteoarthritis or rheumatoid arthritis, putting them at higher risk for needing a hip replacement.

The decision to perform hip replacement surgery is not made lightly by healthcare professionals because they know the risks associated with the surgery and the long recovery process that lies ahead. Recovery from hip replacement surgery takes between two and four weeks. That is only if the patient has no extenuating circumstances or pre-existing conditions that can slow progress.

If a hip replacement involves a defective part that requires removal, repair, or total replacement, patients must start the process all over again. This is understandably upsetting. Every week you are off work for recovery is a potential week without pay. Some employers may provide paid time off for illness and injury and some may not.

Consumers injured by faulty hip replacements should consult with medical, legal professionals in Albuquerque

Personal injury lawyers can help if you are the victim of a faulty hip replacement part. If you receive notice of a recall or begin to experience issues after you have a hip replacement, contact an attorney experienced in product liability to review your options. It is important to contact an attorney before you make any decisions about how to handle the faulty hip replacement. If you must have revision or replacement surgery to fix the issue, you may be entitled to compensation and other damages. Our experienced product liability attorneys can help ensure you receive fair compensation and treatment throughout the entire process. Call us today at 505-218-7844 to schedule your free consultation.

Charged with a White-Collar Crime: Now What?

Written by Brandon Herrera on May 7, 2021. Posted in Uncategorized. No Comments on Charged with a White-Collar Crime: Now What?

White-collar crime cases are serious and should be given the weight they deserve. Oftentimes, people joke that those accused and convicted of white-collar crimes are sentenced to resort-style “prisons” to serve out their terms in style. This is not an accurate depiction of what can happen if you are charged with a white-collar crime. Most white-collar crimes are federal offenses with the potential for hefty fines and prison sentences (in real prisons) as just two of the consequences. Protecting yourself against a charge of white-collar crime requires the guidance and expertise of a criminal attorney who specializes in white-collar criminal defense.

So, what happens if you are accused of committing a white-collar crime? Taking the right steps from the moment you learn you are under suspicion can make all the difference in the outcome.

What are some white-collar crime examples?

White-collar crime often is confused with corporate crime. While both are non-violent crimes related to financial activity, that is where the similarity ends. The key differences come down to two factors: who benefits from the crime and who pays for it.

With white-collar crimes, it is usually an individual who both benefits from the crime and who will be held criminally liable for its commission if caught. We will use the example of an accountant who decides to start skimming a little bit off the top from his clients to line his pockets. This is called embezzling. The only person profiting from the crime is the accountant. If he chooses to give some of the stolen funds to other people, prosecutors must prove the recipients knew the money was obtained illegally before they could be held accountable. In the end, if the accountant is caught, he will bear the full brunt of responsibility.

Corporate crime is quite different. While it also takes place in a business setting, the perpetrators of the crime and who pays for it may be two different entities. Let’s take the case of insider trading, which involves buying or selling stocks based on company information not known to the public. An employee with the knowledge that a product their company produces is about to be recalled could sell off their stock before prices plummet, preventing personal financial disaster. In this instance, the employee is both benefiting from the crime and paying for it if caught. Another example would be a chemical company accidentally releasing toxic gas near a populated city, then actively taking steps to cover up their crime. In this case, the company and any company executives or officials involved with the decision to hide these details is culpable.

How is white-collar crime investigated?

As previously mentioned, most white-collar crimes fall under federal jurisdiction. The Federal Bureau of Investigation (FBI) handles any cases the fall under the descriptor. This can include (but is not limited to) public corruption, money laundering, corporate fraud, securities and commodities fraud, mortgage fraud, financial institution fraud, bank fraud and embezzlement, and fraud against the government.

Once a case is turned over to the FBI, there is a process it follows to fully investigate if a crime has occurred. With other criminal cases, an investigation usually begins after an arrest is made. This is not protocol for white-collar crime cases. What usually starts the ball rolling is an accusation of misconduct. Before an arrest, the FBI may take the following steps to build a case:

Subpoenaing bank or other financial records.
Executing search warrants at a suspect’s home or place of business.
Monitoring devices, including landline phones, mobile phones, and other digital modes of communicating.
Interviewing alleged victims.
Coordinating with other agencies (IRS, FDA, DHS) to compile and review documentation related to the alleged crime.

Once the FBI has enough evidence to support charges, an arrest will follow. Charges typically are filed within the federal court system, with U.S. prosecutors in charge of the case. As a rule, prosecutors must prove there was an agreement to perform an illegal act and that the act was performed.

What is the most common defense against white-collar crime charges?

There is not a cookie-cutter defense strategy that works for every white-collar crime defense. Intent plays a huge role in how your criminal defense attorney approaches your case. For instance, a person who makes a significant mistake on their tax filing – albeit unintentional – is likely to have a better angle for defense than someone who knowingly committed tax fraud.

Entrapment is an effective method for defending against some white-collar criminal charges. This goes back to what was mentioned earlier about an investigation occurring before an arrest with white-collar crime cases. This can backfire on law enforcement if they rely on any kind of sting operation to try to catch the suspect “in the act.” If anyone involved with a sting operation compels the target of the investigation to act criminally, that is entrapment.

What is the most common punishment for white-collar crime?

Punishment depends on the severity of the crime and the number of victims. While white-collar crime does not involve physical harm to victims, it does cause significant financial harm to victims. Juries and courts weigh the extent of the financial (and emotional) damage to victims when handing down a sentence. Some of the most common punishments include:

Federal prison
Probation and supervised release
House arrest/electronic monitoring
Fines
Restitution

Regardless of which sentence you receive if convicted of a white-collar crime, there are lasting consequences. Felony convictions can ban you from ever doing business with a government entity in the future. You also will lose your right to vote and cannot legally own firearms. It also precludes you from ever holding a federal office or receiving federal benefits. This is just the tip of the iceberg. This is why it is important to choose legal representation by a high-skilled and experienced criminal defense attorney.

Choosing a white-collar crime attorney

If you are accused of committing a white-collar crime, it goes without saying you will need a top-notch attorney with experience in handling such charges. Marcus Cameron has the knowledge and experience necessary to obtain the best possible outcome for clients accused of white-collar crimes. Call 505-218-7844 or send us a request online to schedule a no-obligation consultation with Marcus today.