New Trend in Nursing Homes: The Rise of Younger Residents

There’s an interesting new trend in nursing home care.  The number of younger residents in nursing homes has increased in the last few years.  The number of nursing home residents under the age of 65 has jumped 22%.  This means about one in every seven residents is under 65 years of age, some even in their twenties and thirties.  

What’s causing this growing phenomenon in medical care?  The Washington Post reported that it’s due to 1) medical advances that help individuals survive traumatic illnesses and injuries, and 2) the closing of mental health facilities.  Many of these younger residents have suffered severe injuries. Others have neuromuscular diseases such as multiple sclerosis, or have suffered a stroke. 

This trend has proven a challenge for caregivers and residents, because while the younger residents may have some of the same physical demands as older residents, their social and psychological needs are much different.  

While many facilities try to separate the older from the younger generations, this isn’t always possible because of the still small number of younger residents.  This can cause tensions between the generations.  The older residents complain about loud music and young visitors.  On the other hand, the younger residents don’t want to room with someone with dementia, they don’t want to be forced to eat food specifically with the elderly in mind, and hate that the only social activity is bingo.  

Living in these facilities can also cause the younger residents to become depressed not only because of their disabilities or illnesses, but because they’re constantly surrounded by the elderly and dying, and quite simply, they’re lonely.

Some homes have already accommodated these younger guests by giving them their own wing, offering poker instead of bingo, pizza and pop instead of meatloaf and tea.  They even take them out on outings. If this trend continues, the nursing home industry will have to adapt in order to not only give the elderly comfortable quality care, but also the young who suffer from debilitating injuries and illnesses.

Sources: 

Nursing Home Abuse Blog

 

Time Healthland

McKnight's Long Term Health Care News

The insanity plea

 by John L. Messina

The recent tragedy in Tucson has focused the nation on the fragility of life and also on what damage can be wreaked by a demented mind.  And already there are calls to impose the death penalty on the killer.   The young man obviously committed the heinous crimes.  How can he be defended?  

Everyone is entitled to a defense.  In this case the strategy of the defense may be simply to avoid the death penalty.  Another strategy may be the assertion of what is commonly called the “insanity defense.”  That defense is a real one, but one that goes against our nature and belief that those who commit crimes must pay for them. 


The insanity defense is not new.  In the English-speaking world, evidence of
cases in which pardons were granted on the ground of “madness” exists from medieval England. In the United States, the insanity defense has always been an accepted part of criminal law doctrine. Today most states define insanity as a mental impairment that impedes a person's ability to understand the wrongfulness of his or her act. It focuses on the ability of the criminal to mentally appreciate what he or she was doing.  Some states also permit a defense when the disability impairs the person's ability to control the act, even though the person may realize he or she is doing something wrong.  The defense has been controversial  After all, it allows those who commit murder to escape  punishment.  However, those acquitted in this way are usually confined to a mental hospital for a long time under lock and key, just like a criminal.  The difference is, they get the medical assistance they need to deal with the mental illness that caused them to commit the crime in the firstplace.  Nonetheless, at some future time, if they can prove they are no longer mentally ill, they may be released.  They can never be tried for the crime as they have been acquitted. 

Another defense that can be made is that the criminal, while not “insane” at the time of the crime, is not presently able to participate in his or her defense at the time of trial.  If that is accepted, the trial is deferred.  If the prosecution can later show the person is capable of assisting in the defense, he or she can be tried and convicted, as there never was a finding of acquittal. The burden on proving insanity is on the person claiming it.  The prosecution does not have to prove sanity at the time of the crime.  Jurors are generally suspicious of the defense and, absent a strong showing of mental aberration, the defense simply fails.

In conclusion, the “insanity” defense while controversial is still necessary in a civilized society, to prevent the punishment or execution of those who truly could not possibly have known they were committing a terrible crime or could not have rationally controlled their behavior because of severe mental illness.  It is a defense that should be used sparingly and jurors should hold the person claiming it to strict proof.  The insanity defense will probably be used in Arizona.  We can only hope that justice will take the appropriate course, whatever that is.  In the meantime, we at MBC continue to mourn the loss of six lives and continue to hope and pray for the recovery of the surviving victims, including Representative Gabrielle Giffords.

MBC attorney speaks at Nation Business Institute seminar

MBC attorney, John R. Christensten, participated as a speaker at NBI's, Plaintiff's Personal Injury From Start to Finish, seminar.  He spoke on the topic, Statutes Which Affect Liability Evaluation, which covered the statute of limitations, auto accident statutes, and recreational and sovereign immunity.

He also participated in the presentation, Understanding the Law of Damages, in which he focused on such issues as: non-economic damages, pain, suffering, and inconvenience, disability, disfigurement, and loss of of enjoyment of life, and wrongful death claims and statutes, among others.

At the conclusion, John received an rating of 'excellent' from the seminar attendees.

Here's what they had to say:

"Knowledgeable speaker"

"Very solid; quite excellent; quality presentation"

"I have seen John speak before and he is a great presenter."

"I am a 25 year practitioner and I learned."

"Speaker's extensive experience allowed informative case examples for principles of law being discussed."

"Stated information clearly and easy to understand.  Made great connections between rules and actual cases."

Congratulations to John on a job well done.  Visit our Facebook fan page to find out about upcoming speaking engagements  by the attorneys at MBC.

Last week a ten- year- old boy shot and killed his mother after fighting about chores.  Also last week, locally, a four- year- old boy accidentally shot his mother in the side while his two- year- old sister sat nearby watching Elmo.  Sadly, these aren’t isolated incidents.   The biggest question is not why, it’s how.  How did these children gain access to these guns in the first place?  

Ironically, the ten year old’s mother had given the boy the .22 caliber rifle as a Christmas gift.  The four year old knew exactly where the 12-guage semi-automatic shotgun was kept, retrieved it from the closet, and loaded a shell into it that his father had let him handle earlier, yet forgot to put away.

The majority of fatal accidents involving firearms occur at home.  There are about 60 million handguns in the U.S. with an average of two to three million being sold each year.  Approximately 1.7 million children live in homes with guns which are loaded and unlocked, and every day eight children are fatally shot.

In homes that have handguns, it’s more likely that a gun will be used to shoot a family member or friend rather than in self defense.  These shootings typically take place when:

• A child finds a gun at home and is showing a friend when the trigger is pulled accidentally.

• A depressed teen or adult becomes suicidal.

• An argument between family members escalates out of control.

•  A friend or family member is mistaken for an intruder.

As mentioned above, it’s not just about accidents; it’s also violent crime and suicide.  Nearly 1,500 children a year commit suicide by gun.  An adolescent is twice as likely to take their own life if they have access to a firearm inside the home.  About 7,000 violent crimes are committed each year by children using guns from home.  The killers aren’t only teens, either.  Ten years ago, a six year old boy from Michigan took a gun to school and killed a fellow classmate.  Children as young as three years old may have the strength to pull the trigger of a gun.

This blog isn’t about your Second Amendment right, and the gun control debate isn’t likely to be resolved any time soon, however, gun owner or not, there are steps you can take to try to better ensure America’s children’s safety where guns are involved.

If you have children, start talking to them about gun safety at a young age.

• Tell them guns are off limits —make sure they know to never touch a gun at home, and if they go somewhere in which they encounter a gun, to leave the area immediately and inform an adult.

•  Explain the difference between television/video games and real life and how guns in real life can do real harm to someone.  Some of the TV and video game shootings don’t look real and this could confuse a child.

• Teach them how to deal with disputes in a rational manner, rather than using violence. 

You should find out if your child’s friends have guns in their home and ask how they are stored.  Then you’re informed and it’s up to your discretion whether or not you let your child play there.

If you own a gun:

• Keep guns stored safely.  Even if you’ve talked to your child about gun safety, sometimes their curiosity will still get the better of them.  Store your ammunition and firearms in separate, locked locations, and hide the key.  Don’t tell your children where the guns are kept.  Also, storing firearms in a glass case is not the best option as the glass can be broken and the guns removed.

• Use a gun lock so that the trigger cannot be pulled without a key.

• When handling or cleaning a gun, never leave it unattended.

• Be a role model.  Don’t use your gun in a way you wouldn’t want your child to imitate.  Perhaps even become active in your community or your child’s school by helping promote gun safety.

Many gun owners feel they don’t have to lock up their weapons if they don’t have children.  Eventually, however, a child will more than likely visit, whether a relative or friend’s child.   Plus, hundreds of thousands of guns are stolen from homes every year.

So, keep in mind the shooting accidents and gun violence that take place every day.  If you own a gun, play it safe and keep it locked.  The life you may be saving could be your child’s or your own.

Your friends at MBC.

Sources:

FamilyEducation.com

The News Tribune

ABC News

University of Michigan Health Systems

American Academy of Pediatrics

USA Today

Popular Fidelity

Give Emergency Vehicles Some Room

Did you know that you could be fined for not giving an emergency vehicle enough space when they’re stopped on the side of the road?  Well, you can.  In 2007, the Move Over Law was passed in the state of Washington in order to protect police, emergency technicians, tow operators, and Department of Transportation workers being killed or struck during routine traffic stops, accident response, impounding or towing of vehicles, and highway construction.  

Since 2007, the number of collisions involving emergency vehicles actually increased instead of decreasing.  The aftermath made it necessary to make the law stricter, so Move Over is getting a little help from the new Emergency Zone Law, which went into action on January 1, 2011.  

The new law will level hefty penalties on drivers who speed past emergency vehicles stopped on state highways, or fail to give first responders more room in the Emergency Zone.  The Emergency Zone is defined as the adjacent lanes of roadway 200 feet (or 10 car lengths) before and after a stationary emergency vehicle with flashing lights, a tow truck using red lights, an emergency assistance vehicle using warning lights, or any police vehicle using emergency lights.  

Drivers traveling on a roadway with at least two lanes in their direction of travel must move over a lane from the shoulder when approaching a stationary emergency vehicle with its lights activated. They're also required to slow down and proceed with caution.

On roadways with only one lane in their direction of travel, motorists must pass to the left of an emergency vehicle if they're able to safely do so, while yielding the right of way to all vehicles traveling in the opposite direction.

The penalties for not following the Move Over and Emergency Zone Laws are as follows:

• Failure to move over or slow down in an Emergency Zone come with a $248 fine, which has doubled with the new law. 

• Fines double for exceeding the posted speed limit in Emergency Zones.

• If a motorist drives in a manner as to endanger any emergency worker, he or she could be charged with Reckless Endangerment.

• If convicted of Reckless Endangerment, a driver’s license could be suspended for up to 90 days.

Here at MBC, we had a case in which a U.S. Marshall’s vehicle was struck when he had pulled to the shoulder in order to help a collision victim.  He was left with multiple injuries including a concussion and lower back injury.  He still suffers from limitations and pain as a result of the collision.

So take care when approaching a stationary emergency vehicle.  These people are just doing their jobs, helping the stranded, assisting with collisions, saving lives.  They may be saving yours one day.

Sources:

Washington State Patrol

Seattle Times

Ski Lift Safety

The end of 2010 saw an abundance of ski chair lift incidents.  Six people were taken to hospitals after five ski lift chairs fell to the ground at a Maine ski resort.   A 10 year old girl was injured last week after falling about 15 feet from a chairlift at Hidden Valley.  About 100 people had to be evacuated from Crabbe Mountain's ski lift when the emergency brakes on the system activated and stopped the lift.

These are only a few of the chair lift incidents that took place within days of each other the last couple weeks that have people asking themselves, are chair lifts really safe?

 It’s not just skiers asking this question either.  Ski resorts are double checking procedures and equipment to make sure everything is up to standards where safety is concerned.  Lawmakers in Montana are looking into a chairlift safety bill.  Even before these incidents the Alpine Meadows Ski Resort in Lake Tahoe had installed Magnestick harnesses on their lifts to keep children safely in place.

While many of these incidents were caused by high winds or power outages, you, the skier, can also take precautions to ensure your own safety on the lifts.

When boarding the lift use extreme caution.  While waiting for the lift, remove the pole straps from your wrist and put both poles in one hand.  When the lift nears the back of your legs, grab the center bar with your free hand and sit, scooting all the way to the back of the chair.  If you need extra accommodations ask the operator before getting in line.

When riding the chairlift, keep your ski tips up and hold on tightly to all your gear. Keep the safety bar down at all times during the ride.  Don’t lean forward, swing your legs, nor do anything else that would cause your chairlift to swing.  If your chair has footrests, keep the skis securely in them throughout the ride.  Be alert to your surroundings.

Always keep your safety bar down until told to raise it.  There should be signs directing you when it is safe to raise the bar, but if not, raise the bar only when you are approaching the station. Be careful of potential injuries. The bar can hit you or your chairlift partner on the head if swung with excessive force.

Watch for signs or markers that tell you when to disembark the chairlift. Check for loose clothing that could get caught on the lift chair. When approaching the station, scoot forward on your chair and raise your skis slightly so you can glide off the lift. If there are no markers, simply stand up when you feel your skis touch the snow. After standing up, ski to the side, out of the way of other chairlift passengers. When getting off of the lift, hold on to your ski poles tightly. 

If you feel like you’re about to drop something while on the lift, do NOT lean forward and grab at the item.  Just let it fall.  Tell the operator at the station so he or she can help you leave the lift safely and recover any personal items. 

Many accidents can be avoided by simply following the ski resort rules.  For those accidents that may be the fault of defective equipment or inadequate maintenance, you  may need to call an attorney.


Stay safe and have fun on the slopes.

Sources:
Ehow

Trails.com

Associated Press

Montana Snow Sports

Pittsburgh Post Gazette

Time & Transcripts 

MBC named Best Product Liability Attorneys

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Messina Bulzomi Christensen as the “Seattle Area Best Lawyers Product Liability Litigators of the Year” for 2011.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 17th edition of The Best Lawyers in America (2011) is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

The lawyers being honored as “Lawyers of the Year” have received particularly high ratings in our surveys by earning a high level of respect among their peers for their abilities, professionalism, and integrity.

Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed for more than 25 years – that recognition by one’s peers is the most meaningful form of praise in the legal profession. We would like to congratulate Messina Bulzomi Christensen on being selected as the ‘Seattle Area Best Lawyers Product Liability Litigators of the Year’ for 2011.”