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Nevada School District Facing Wrongful Death Claim

Schools often employ security guards to prevent injuries and avoid lawsuits for negligent security.  Clark County School District, however, may have made a mistake in the particular school police that were hired.   Parents of a teenager killed in a drunk driving accident have alleged that school cops participated in a party with a “bunch of drunken teenagers,” according to 8 News Now.   The school district, the police department and individual employees have been named in a lawsuit by the deceased student’s parents. Las Vegas Wrongful Death Attorney - Aaron & Paternoster

When student injuries occur, Aaron & Paternoster, LTD can help.  Call today to learn more about how we can assist victims and their families to take legal action and recover monetary damages for accidents and injuries.

Nevada School District Facing Wrongful Death Claim

According to Watchdog Wire, the Clark County School District Office of General Council has incurred significant legal costs defending against a wrongful death claim for the death of the student killed in the drunk driving crash.

The lawsuit alleges that a UNLV honor student was killed when a teenager was driving drunk and slammed into her vehicle.  The student had apparently been drinking at a party with CCSD police employees.  The lawsuit also alleges that school police supervisors tried to cover up what had occurred and that CCSD lawyers directed police not to investigate either the death or the subsequent cover up.

The parents of the student who was killed have not only filed suit against the police and the school district but are also taking legal action against a police dispatcher, the teen who drove drunk, and the School Police Chief who allegedly authorized the cover-up.

The federal magistrate presiding over the case has ruled that there is sufficient evidence of a cover-up to allow the case to move forward to trial.

If the allegations are true, it seems clear that many of the parties involved breached their legal obligations. School police are supposed to keep students safe, and drinking at a party with them and allowing them to drive drunk falls far short of this basic obligation.

The school district and police department can be held legally responsible for the negligence and wrongful acts of employees on the job.   Many lawsuits against school districts and against police departments arise because of actions that individual employees took on-the-job. This is because government workers have limited protections from immunity for the work they do, and because workers are seen as agents of their employers.

The employer school district or police department is responsible for the actions of its agents, and can thus be held liable for negligence or wrongdoing. Since districts and police departments typically have more money to pay claims than individual government workers, parents of students who are injured will often try to hold the district accountable for the damages.

Cases against school districts and public employees are complicated because of the governmental immunity protections. An experienced attorney should be consulted to help when school is responsible for student injuries.

If you need to speak to an injury lawyer in Las Vegas, contact Aaron & Paternoster, LTD today at (702) 384-4111 or visit http://www.aaronpaternoster.com/ for a free case consultation.

Student Accidents Could Be a Downside to Legalized Pot

Colorado became the first state in the U.S. to allow legalized marijuana for recreational use and over five months have now passed since the use of cannabis became legal for non-medical reasons. The New York Times reports that emergency room doctors and law enforcement officers in both Colorado and in neighboring states have begun to see the downsides. Denver Drug Accident Attorney - Bell & Pollock

College students in the Denver area are among those individuals likely to take advantage of legalized pot. Unfortunately, this means young people are at risk of student accidents after consuming marijuana. Young people are in danger if they make the choice to smoke on their own and get behind the wheel. They could also be harmed if they get into the car with someone who has used cannabis products, or simply if they are in the wrong place at the wrong time on a college campus where marijuana use has become more widespread.

An experienced drug driving accident lawyer at Bell & Pollock P.C. should be consulted for help when a young person is injured in student accidents caused by the marijuana use of his peers.

Legalized Pot Causes Problems in Denver

The New York Times reported on the problems that have begun to occur in Colorado as a result of legalized recreational cannabis products.

One man, for example, reportedly consumed marijuana-infused candy and then began raving about the end of the world before killing his wife.  A growing number of adults and children have visited ERs because they have become sick after eating potent doses of edible cannabis, and both local police and law enforcement in neighboring states are complaining about stoned drivers.

In January, the Colorado State Patrol started to track the number of people who were pulled over for driving while under the influence of marijuana.  Since that time, around 12.5 percent of all citations for driving while impaired have gone to individuals under the influence of drugs.

The bulk of the pot retailers in the state are in Denver, which means that young people at Denver-area colleges including the University of Denver, the University of Colorado at Denver, Metropolitan State College, and Regis University all have easy access to cannabis products.   This could create risks on campus, especially as a recent University of Massachusetts at Amherst study found that underage college men tend to discount the dangers of driving after marijuana has been consumed.

Because edible cannabis products have proved to be especially popular, some young people may also be put at risk without knowing it.  While at least nine children have ended up visiting children’s hospitals after accidentally eating marijuana foods, the bigger problem for college students may be that they are unaware when a friend has eaten cannabis-containing products.  This could lead to a student getting into the car with a person who is under the influence of drugs without even knowing about it.

Students injured as a result of drugged driving accidents or other dangerous incidents caused by their peers who have used marijuana should understand their legal rights. An attorney can help.

Contact Bell & Pollock at (877) 744-5900 or visit http://www.bellpollockinjury.com to schedule a consultation with a personal injury lawyer in Denver.

What Happens to the Family Home After Death?

A family home can hold a special place in the hearts of the children who grew up there. Unfortunately, this can result in complications when parents pass away.  The Fiscal Times recently discussed some of the issues that can arise when a home is left to children.  Parents who are planning their estates need to consider a variety of different factors when making the choice about what happens to the house. Austin Probate Lawyer Image

If the home is left to a child, then ownership will transfer during the probate process. Depending upon the value of the home and the rest of the estate, inheritance taxes may have to be paid. In some cases, the cost of paying the taxes is so burdensome that the home needs to be sold. If there are multiple children and the home is left to them collectively, this can also create significant complications regarding whether the home should be sold, for how much, or whether one or more of the children should live there.

An experienced probate attorney in Texas can help in dealing with the family home after death.  Call Bertolino LLP today to speak with a member of our legal team and learn more.

The Family Home After Death 

When a family home is left to multiple children, it is very common for there to be disagreement about what should happen it.  For example, one of the children may want to sell the house while another may wish to rent the house out and receive regular rental income.  One or more of the children may also want to buy the others out,  which can result in disagreement if the kids cannot agree on which should get to live in the house.

On the other hand, children may live far away and may not want a home that they need to clean out and sell. The inheritance of the home can become a burden under these circumstances.

Finally, a family home could potentially be lost to creditors if it is inherited by a child who has financial problems. Once the house is transferred to that child, creditors could obtain a lien against it and because it is not a primary home, creditors could potentially force its sale.

All of these are pitfalls that parents should think about. In some cases, simply selling the home prior to death is best in order to avoid possible disagreements and to ensure that children do not find the home to be a burden.   If this is not an option or not desired, it is important for the will to be as clear as possible about what happens to the home and what rights the children have as its new owners.

A clear will can make the probate process simpler and easier, and it can help avoid fighting among siblings after a parent’s death. A probate attorney can help those who inherit to understand the process of probate and to ensure that the transfer of a family home and other assets goes as smoothly as possible.

Contact Bertolino LLP at 800-210-0126 or visit http://www.belolaw.com to schedule a consultation with a probate lawyer today.

Executives Sentenced to Prison for Medicaid Fraud

Three WellCare executives were sentenced to federal prison in mid-June, with sentences ranging from a year-and-a-day to three years. The men were convicted by a jury last summer of submitting false expenditure reports to the Florida State Medicaid program in 2006. One executive was also convicted on two other charges of making false statements related to healthcare matters. Student medicaid fraud lawyer in texas

Medicaid fraud is a serious crime that comes at a significant cost to taxpayers. The actions of these three men may have caused losses of as much as $30 million, but their attorneys argued that this was just a fraction of the billions that the company was paid. A loss of $30 million is not a small loss at a time when healthcare expenses are one of the biggest threats to the ongoing financial solvency of the United States. Those who learn of Medicaid fraud should speak out to stop this behavior. An experienced Medicaid fraud attorney in Texas should be consulted for help taking action.

Executives Defraud Medicaid of Millions

WellCare was paid by Florida’s Agency for Health Care Administration to manage health care for Medicaid recipients. The company was aware that 80 percent of the funds it was paid had to be used on services. If it fell short of this number, it would be required to return the difference to the state. To avoid having to give back the money, the executives conspired to inflate the amount of money spent on administration. This reduced the amount that WellCare was required to give back.

Unfortunately use-it-or-lose it contracts of this nature not only encourage the potential for fraud but can also incentivize wasteful behavior and inflated administrative costs. The actions of the executives were discovered and the three men now must face the consequences. However, the sentences that they ultimately received were far lower than the federal sentencing guidelines allowed. Prosecutors had asked the judge to impose harsher sentences to deter future bad behavior. The executive sentenced to three years of prison time, for example, faced a potential term of incarceration between 10 and 12 1/2 years according to the Tampa Bay Times.

The attorney representing the executive however, indicated the men were not at risk of re-offending and that their reputations were damaged and career prospects diminished. It was argued that “no sentences could punish them more than they’ve already been punished.” Of course, this is untrue and the men got off very easily for stealing millions of dollars from tax payers.

Medicaid fraud should not be tolerated on any level and those who perpetrate schemes to steal healthcare funds meant to provide care to the poor deserve to go to prison. With such light criminal sentences, the threat of criminal charges may not be a strong enough deterrent for Medicaid fraud. When whistleblowers come forward, however, the government can take action to try to recover money that was unlawfully paid. Whistleblowers may also recover a portion of the money that the federal government is able to recover.

Contact a Medicaid fraud attorney if you believe you have evidence of fraud. Call Brewer & Prichard P.C. today at 800-445-8710 or visit http://www.bplaw.com to schedule a consultation.

Orange County Traffic Accidents: Summer 100 Deadliest Days for Students

A student from Corona Del Mar High School is lucky to be alive after she fell out of the window of a moving bus on the way to a high school prom in Orange County. There were 55 young people on the party bus at the time of the incident, which occurred shortly before 7:30 p.m. on the 73 Freeway north of Newport Coast Drive. The teen was luckily able to reach the center divider on the road while the bus driver stopped the vehicle on the right shoulder. A witness whose vehicle was following the bus told KTLA that she noticed the young girl crawling off the freeway after falling out the window. Student-Car-Accident-Image-Orange-County-Dan-Carlton

Emergency personnel were able to treat the girl at the scene, and she was then transported to the hospital to get care for more serious injuries. The accident, however, could have been much worse. While this young girl was fortunate not to be permanently injured or killed in the collision, many other young people will not be so lucky this summer. In fact, prom season and Memorial Day kick off a period known as the 100 Deadliest Days.

The 100 Deadliest Days get their name because of the significant increase in student accidents that occur each year between Memorial Day and Labor Day. An experienced attorney at the Law Offices of Daniel C. Carlton can help teens and their family members after an accident causes injury or wrongful death. Young people may be able to file a claim for monetary compensation for injury losses and surviving family members of those who are killed can file a wrongful death claim.

The 100 Deadliest Days

The National Safety Council (NSC) reports that Americans drove more than 780 billion miles during the 100 Deadliest Days. Unfortunately, there is a significant increase in fatalities in the summer, especially among teens, as more people are on the roads. In June 2012, for example, there were 327 fatalities over the course of the month. In July and August of that same year, there were 319 deaths and 286 deaths respectively.

Car crashes are always the leading cause of fatalities for teens, and teens are three times as likely as more experienced motorists to be involved in a collision. More accidents among people within this age group tend to occur during the summer months because teens have much more time, and more freedom, when they are not in school. They tend to stay out later, spend more time driving recreationally, and drive with more friends in their cars. Their parents may be working and less able to supervise behavior during the day, and teens have more free time to make dangerous choices on the road.

Parents are advised to know the risks of the 100 Deadliest Days to protect their teens. The NSC advises parents to talk to their kids about the dangers of drunk driving and to prohibit the use of cell phones when operating a vehicle. Creating a parent-teen driving contract can perhaps help to prevent collisions, as can spending at least 30 minutes per week driving with a teen even after he or she has a license.

If you’ve been injured, or you lost a loved one, contact the Law Offices of Daniel C. Carlton at (949) 757-0707, or visit http://www.dancarlton.com to schedule a consultation.

Marijuana Endangering Las Vegas Students?

Clark County commissioners approved licenses for 18 medical marijuana dispensaries this June, which is the maximum number of dispensaries available within the jurisdiction. The commissioners spent three days listening to pitches from dozens of people who want to run medical marijuana dispensaries, with 81 total applicants vying for 18 licenses. The dispensaries are expected to be spread throughout the city, and the criteria used to approve licenses included local residency, the business location and plans for security. The approved licensees will need state approval, according to 8 News Now. Las Vegas Car Accident Lawyers Image

With new medical marijuana dispensaries opening, people with serious medical problems will be able to get the help they need. Unfortunately, increasingly lax attitudes toward marijuana use may also encourage more recreational use of marijuana and may up the risk of collisions involving stoned drivers. This is especially a concern as a recent study shows that many college students do not view driving while under the influence of cannabis to be as dangerous as driving while drunk.

Drivers who are stoned or who have consumed cannabis products may have slower reaction times and impaired judgment that could increase the chances of a deadly motor vehicle collision. An attorney at Cohen & Padda, LLP can represent victims of student accidents involving marijuana use and help those who have been harmed to get compensation for losses.

Studies Show Dangers of Stoned Driving Underestimated by Students

Researchers from the University of Massachusetts at Amherst asked 640 incoming freshman at two different universities to take a survey. A total of 338 freshman agreed to answer questions about drunk and alcohol use and driving. The students were asked about marijuana use, about drug use and about whether they had driven or gotten into the car with someone who was driving after consuming drugs or alcohol.

Around 30 percent of men said they had used cannabis in the 30 days prior to taking the survey, compared with 13 percent of women. Majorities of both men and women (67 and 64 percent respectively) said that they had used alcohol. A total of 23 percent of men and nine percent of women admitted to both alcohol and cannabis use.

When asked about driving, 44 percent of men and nine percent of women said they had driven after using marijuana. Even more students admitted to getting into the car with someone who had used cannabis products: 51 percent of men and 35 percent of women were passengers in cars with stoned drivers. This is a significantly higher number of people driving with someone who has used drugs, compared with the seven percent of students who said they’d been in the car with someone who had drank alcohol.

The data suggests that college students may be significantly underestimating the potential risks associated with using marijuana and then driving. It is important for young people to know that driving stoned is also illegal, can result in a DUI charge, and could result in a fatal accident or permanent injuries from a collision.

Contact a Las Vegas accident lawyer at Cohen & Padda LLP. Call today at (800) 967-1923 or visit http://www.capattorneys.com for a free case evaluation.

Student Accidents a Tragedy for Chicago Families

A University of Illinois student was killed in a traffic collision in May, just hours before he was to receive his diploma from the University of Illinois. The collision occurred on a Friday night as the student was riding his motorcycle down an Urbana street on his way to get his haircut for graduation. He was a veteran of the Iraq war and not at fault for the collision, according to the Chicago Tribune.  His family indicates that he may be buried in his cap and gown. Chicago Accident Attorney Image

Motor vehicle deaths can happen to anyone of any age group, but unfortunately young people are at the greatest risk of being hurt or killed. When student accidents happen, the injuries from a collision can change a young person’s life forever. When a student is killed, the devastated family will likely never get over the grief and loss.

Student accidents are complicated cases in many situations, especially when they result in death. This is because large damage awards are necessary to compensate a young person for a lifetime of pain and disability. When the student is killed, it may also be difficult to determine appropriate compensation. Coplan & Crane, Ltd. can help after student accidents. Call or contact us online today.

Student Accidents Cases Can Be Complicated
In an Illinois wrongful death claim, surviving family members may recover damages for losses including both economic and non-financial loss. This includes all reasonable and necessary medical expenses incurred before the deceased passed away. Lost companionship compensation for the loss of the relationship, as well as funeral expenses, should also be included in a wrongful death claim. Finally, family members may be able to obtain compensation for lost wages.

When someone is killed in a motorcycle collision because of the actions of another driver, the deceased obviously cannot earn a living anymore. He may have been providing money to his family or may have had a successful career, resulting in a significant amount of lost earning potential. The family members who will no longer get the benefit of the deceased’s work efforts can obtain compensation for loss of earnings.

When a student is killed shortly before graduating from college, as the University of Illinois man was, his future earnings are likely speculative. He may have been earning nothing, but his degree may have prepared him for a lucrative position in his field. This complicates a calculation of lost wages, and parents and other survivors who are taking legal action in a wrongful death claim need to understand how to maximize their compensation.

An experienced attorney can help grieving family members to determine what the appropriate amount of damages would be when student accidents cut short a young life. Do not settle a case or agree to anything before talking to an experienced wrongful death law firm.

Call Coplan & Crane, Ltd. at 800-394-6002 or visit http://www.coplancrane.com to schedule your free consultation.

Doctor Handoffs Have Consequences for Patients

There have been efforts to reduce hours worked by medical residents in recent years in order to avoid errors by fatigued physicians. Unfortunately, shortening doctors’ shifts has created a new problem: mistakes can be made when patients are handed off from one doctor to another.

The number of patient handoffs may be on the rise for many reasons besides just shortening shift time. Unfortunately, patients may pay the price as their care is split among doctors who do not have all of the information they need. Manhattan Medical Malpractice Attorneys Image

If a medical mistake is made as a result of a handoff from one physician to another, the hospital or care facility may be held legally responsible for the consequences. The doctor who made the error may also be liable to the patient for damages. An experienced medical malpractice attorney in New York at Jonathan C. Reiter Law Firm, PLLC should be consulted for help in pursuing a medical negligence claim.

Doctor Handoffs are Dangerous

According to The Globe and Mail, several past studies in the United States and Canada have revealed that shorter shifts have caused a spike in handovers. Patients are now passed between doctors a minimum of seven times, as compared with three handoffs before new rules limiting work time.

Nearly half of all residents responding to a survey by the Canadian Association of Interns and Residents said that they had been involved in an adverse event caused by a handover. A review of 135 studies led by a researcher from St. Michael’s Hospital in Toronto also revealed that strict limits on shift hours have an adverse impact on patient safety. This research contrasts with an earlier review showing that reducing or eliminating shifts longer than 16 hours resulted in improved patient safety. However, the earlier review was not as comprehensive as only 23 studies were included.

Understanding the true impact of patient handoffs is important because, as the Claims Journal reports, patients are far less likely to be treated by a single medical professional today than in the past. This is a trend that extends not just to emergency rooms but to all care that a patient receives in a clinical setting. It is also a trend that is likely to be exacerbated by the Patient Protection and Affordable Care Act (ACA, or ObamaCare as it is sometimes called).

The doctor-patient relationship is becoming diluted as a result of aging baby boomers, rising demand for medical care, and aging physicians who may begin to prioritize quality of life rather than quantity of hours worked. As a result, more patients today are now seen by care teams and no longer have a single doctor who diagnoses their problem and who remains heavily involved through all phases of treatment.

The Claims Journal indicates that the shift to having multiple providers offering care with no one regular physician assisting the patient from beginning to end of treatment may cause medical malpractice claims to increase. This is bad news for patients, who deserve to have comprehensive care without mistakes caused by being handed off from caregiver to caregiver.

For more information about how a medical malpractice attorney in New York can help, contact Jonathan C. Reiter Law Firm, PLLC. Call 212-736-0979 or visit www.jcreiterlaw.com and schedule a free consultation today.

Traumatic Brain Injury & Student Accidents

Two Oklahoma teenagers were seriously injured in an accident in January that has resulted in the boys missing out on the last half of their senior year.  It has been more than 100 days since the collision caused critical injuries, and the teens are still recovering.  One of the young men was left with traumatic brain injury, and he is alert but not yet walking or talking. The other suffered lung damage and can’t yet talk, but he is in the process of re-learning to walk. Brain Injury Lawyer in Oklahoma City

Unfortunately, these boys were among the many teenagers whose lives are affected by motor vehicle collisions. Car accidents are a leading cause of death for young people, and are also a leading cause of traumatic brain injury (TBI).  Brain injuries, along with spinal cord damage, are most commonly caused by motor-vehicle collisions.

When a teen suffers a brain injury, he may face a long recovery process and his life after the accident may be forever changed.  The Dan Davis Law Firm can represent young people after student accidents and help them to obtain compensation for all losses and damages.

Life After a Traumatic Brain Injury

According to Wave 3, the friends and family members of the young men injured in the Oklahoma accident got together to make it possible for the teens to have a special prom night despite their serious injuries.  The  young man with the traumatic brain injury attended prom along with a private nurse and his mother before returning to The Children’s Center in Bethany where he is undergoing treatment for his brain injury.

There are hopes that he will recover from the injuries, relearning skills and perhaps ultimately resuming his life path. Unfortunately, even when teens are able to make a recovery from brain injuries, the impact of the injury will have reverberations throughout their life.

The Brain Injury Association of America has published a report on the challenges that young people face in attending college after sustaining a brain injury. Because the people most likely to sustain brain injuries are between the ages of 15 and 24, many will pursue a college education if able to do so. When they pursue college, they experience physical barriers because of the lasting symptoms and they also experience attitudinal barriers because high school and vocational counselors, as well as college admissions officials, may tend to believe that a TBI victim is not capable of success in an academic environment.

The Brain Injury Association recommends students learn about services at the college offered to accommodate special needs students.  They should ask to speak with current students who have brain injuries and other disabilities and learn about the types of in-service support that the institution offers to train faculty members about dealing with disabled students.

Accident attorneys in Oklahoma City can help injury victims. Contact the Dan Davis Law Firm at 1-800-HURTLINE or visit http://www.dandavislaw.com/ to schedule your free consultation.

College Students & Energy Drinks a Combination of Increasing Concern

Stressed college students frequently turn to energy drinks to help them get through exams. Some college students also use energy drinks to be able to stay up late and enjoy the party scene.  The Washington Post reported recently the results of a study of undergraduates at a large public university regarding energy drink use.  A total of 39 percent of students had consumed at least one energy drink in the month prior to taking the survey.  White students and young men consumed energy drinks at higher rates than others. Miami Dangerous Drugs Attorney

Unfortunately, energy drinks and shots can be very dangerous. Student accidents can occur when excessive intake of energy drinks results in overdose or other health complications. Masked fatigue may also increase the risks of a serious or fatal traffic collision. DeCarlo Law can help when a young person is injured by danger products or over-the-counter medications or nutritional supplements.

College Students Continue to Use Energy Drinks Despite the Dangers

While energy drinks barely existed 15 years ago, sales of energy drinks totaled more than $8 billion in 2012. This was a 15 percent increase from the year prior.  Red Bull sold more than a billion cans of energy drinks in 2012, and Monster sold more than 1.2 billion.  This means these top two leading brands sold every single American seven cans.

Energy drinks range from 5-Hour Energy Shots, which contain 1.93 ounces of liquid, to 32-ounce cans of Monster drinks.  Big companies like Starbucks also produce high-energy products, including canned espresso beverages.

Energy drinks generally contain between 2.5 and 35.7 milligrams of caffeine per ounce, while energy shots could have as much as 170 milligrams of caffeine per ounce.  In the average cup of coffee, by contrast, caffeine levels generally go up to 30 milligrams per ounce. The Food and Drug Administration (FDA) also limits the amount of caffeine in soft drinks to around 71 milligrams per 12-ounce can.

There are serious questions about whether consuming such large amounts of concentrated caffeine in energy drinks is safe for college students, even as the drinks are widely consumed.

Studies suggest that an adult can consume anywhere from 200 to 400 milligrams a day of caffeine total, while drinking more than 500 to 600 milligrams can cause caffeine intoxication.  Insomnia, irritability, increased heart rate and muscle tremors can result.  In some cases, caffeine overdoses can cause death.

The FDA has warned that consuming energy drinks when working out can reveal an unknown heart condition in an otherwise healthy person.  Combining energy drinks and alcohol, as many college students, do, can also be a deadly combination.  Energy drinks and alcohol are part of the subculture of partying on U.S. campuses, and marketers have heavily targeted their advertising to college students.  In fact, some companies that sell energy drinks have even hired outgoing students to promote their products in clubs and on college campuses. Drinking alcohol with energy drinks is a high-risk behavior.

College students who consume energy drinks and who are harmed as a result may be able to take legal action against the manufacturer.  An experienced attorney can help those harmed to pursue a claim for damages.

If you have been injured, contact DeCarlo Law today at 877-572-0065 or visit http://www.decarlolaw.com/ to schedule a consultation.