Legal Blog

Keep Kids Safe. Don’t Leave Your Grill Unattended.

May 11th, 2009

Each year, more than 40,000 children are sent to the hospital because of burns—many of them are from outdoor and patio grills. Watch this public service announcement from Hauptman, O’Brien, Wolf & Lathrop to learn more—and keep an eye on that grill!

My Dog Wouldn’t Do That! Friendly Advice For Responsible Dog Owners.

April 16th, 2009

Nearly 5 million Americans suffer dog bites each year—60 percent of these victims are children. Be a responsible dog owner—watch this public service announcement from Hauptman, O’Brien, Wolf & Lathrop.

Legislation Introduced to Preserve Right to Choose Nursing Home Lawsuit

March 11th, 2009

A bill has been reintroduced in the United States Senate and House which would prevent nursing homes from forcing residents to sign an agreement to waive their right to file a lawsuit in court if they suffer bedsores, dehydration or another injury caused by nursing home negligence.

The legislation would invalidate mandatory arbitration provisions which are found in the fine print of many nursing home admission agreements, requiring that any dispute between the facility and a resident be resolved through a private arbitration process which is insulated from the public view.

Most families and residents are unaware that they are signing away their right to file a nursing home lawsuit in open court, and the non-negotiable provisions have become increasingly more common in recent years.

The Fairness in Nursing Home Arbitration Act of 2009 is bipartisan bill that was introduced in the U.S. Senate on March 4, 2009 by Senator Herb Kohl (D-WI) and Senator Mel Martinez (R-FL). The bill was introduced last week in the U.S. House by Rep. Linda Sanchez (D-CA).

The bill does not ban the use of nursing home arbitration to resolve disputes between a facility and a resident, but would remove pre-dispute agreements that force the family to arbitrate instead of going to court to hold the facility accountable for nursing home abuse and negligent treatment of residents.

The nursing home arbitration process is generally seen as more favorable to the facility, as the panels selected in the agreements to hear the disputes normally receive a large share of their business from the nursing home industry and it is very difficult for a resident or their family member to obtain a fair resolution of their claim.

“The Fairness in Nursing Home Arbitration Act will make sure negligent nursing home corporations can be held accountable by our most vulnerable citizens,” said President Les Weisbrod of the American Association for Justice. “This bill will prevent nursing home corporations from unfairly preying on seniors and stripping away their legal rights. Arbitration should only be voluntary, not hidden away in the fine print of contracts during our seniors’ greatest time of need.”

The Fairness in Nursing Home Arbitration Act was originally approved in September 2008 by the Senate Judiciary Committee in the 110th Congress and no amendments have been made to it since then. It was approved by the House Judiciary Committee in July 2008.

In the last session, the bill did not come to a full floor vote and failed to pass through Congress.

Story taken from www.aboutlawsuits.com.

Household Chemical Dangers

Author: HauptmanOBrienWolfandLathrop
March 7th, 2009

household chemicalsHousehold chemicals serve important functions in our daily lives. In fact, it’s hard to imagine life without them. However, when household chemicals are used improperly they can be hazardous. Learning how to properly use, store and dispose of these products can help you avoid unnecessary injury and illness and protect the environment. To read more, just click on the image…

Home Safety for the Elderly

Author: HauptmanOBrienWolfandLathrop
March 7th, 2009

home safety for elderlyHaving an elderly family member in your home or under your care is a great responsibility. As our loved ones age, they face new physical limitations. During this time it’s important to adjust their living space to accommodate their special needs and ensure their safety – even if efforts are met with resistance.

The attached article from the National Safety Council provides information on the following:

  • Slip, trip and fall prevention
  • Fire prevention
  • Poison prevention

Article of Interest

Author: HauptmanOBrienWolfandLathrop
February 17th, 2009

impaired drivingChances are you, or someone you know, has been affected by an incident involving an inpaired driver. Driving under the influence of alcohol or other drugs is an illegal act, which unfortunately ends too often in injury or death.

This “5 minute safety talk” shares information about employer’s and supervisor’s roles regarding alcohol and drug policies in the workplace.

Welcome to the Hauptman, O’Brien, Wolf & Lathrop Blog

October 13th, 2008

You’re cordially invited to join in—post a comment, share information, find out the latest in law and what’s affecting your community. If you’d like to comment, be sure to register. We look forward to hearing from you.