Practice Areas And Legal Definitions

Nursing Home Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.

Nursing Home Liability:
Sadly, when people age, they become more vulnerable to abuse, neglect and exploitation. Some older people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.

Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological and social disability.  Senior citizens should be allowed to live out their lives free from pain, suffering and distress caused by the negligence or abuse or others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have made to society over their many years.

In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents and the known reluctance of residents to report abuse out of embarrassment or fear.

For all of these reasons, it is both an honor and a challenge for Maurice L. Abarr  to represent the elderly in personal injury litigation. Specifically, these cases present the challenge of overcoming a tendency on the part of others, including insurance adjusters and even physicians, to discount an elderly person's injuries and the diminished quality of life that results from them. With an attorney's thorough investigation and effective presentation of the losses sustained by an elderly client, however, insurance adjusters and jurors can be convinced to fully compensate injured senior citizens.

Nursing Home Breach of Contract:
Usually, a nursing home will enter into a contract with a resident, in which it sets out what services it will provide and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's wellbeing, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

Nursing Home Criminal Conduct:
Some states provide criminal penalties for the abuse, neglect or other mistreatment of nursing home residents. Historically, prosecutions for crimes involving abuse, neglect and exploitation of the elderly were relatively infrequent. This was due in part to the reluctance of older persons to report incidents or press charges, the fact that the immediate harm was removed through the intervention of adult protective services, the difficulty some older people have in participating in a criminal trial, physical frailty, the frequent lack of supporting evidence and the concern of some prosecutors that elderly victims might not make credible witness due to physical limitations or loss of memory. Recently, however, there have been more and more prosecutions of such actions.

Moreover, some states have enhanced penalties for crimes committed against older people. In some cases, failures to provide residents with sufficient food, keep residents clean enough or prevent bedsores from occurring have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. In some states, the definition of abuse may require inappropriate physical contact that harms or threatens to harm the patient and may not cover verbal threats.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in California, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance call cerebrospinal fluid. TBI can result when an impact causes the momentum of the brain to come into contact with the skull. This type of injury, often the result of hitting your head on the windshield, pavement, or object, is frequently referred to as a “closed head injury.” Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages from the brain to the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich’s Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

Slip And Fall/Premises Liability:
Slip and fall accidents can cause serious injury, although often are not taken seriously. A fall on another person's property due to unsafe conditions may be eligible for compensation due to personal injury. Property owners are responsible for keeping their premises safe and must warn visitors of potential non-obvious hazards. For example, if fluids are left on the floor of a store for an unreasonable amount of time or there is no effort to clean the floor after notice of the condition, the owner may be legally liable for a slip and fall injury occurring in that location.

Most slip and falls happen in commercial settings, including grocery stores, drug stores, office buildings, construction sites, and even gas stations and malls. These accidents may also happen on private property. Either way, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of dangerous conditions.

If you or a loved one needs the assistance of an experienced Southern California Nursing Home Neglect Lawyer, call Maurice Abarr today at 866-665-8312, or complete the contact form provided on this site to schedule your free consultation.

• 1966 - 68 - Northwest Missouri State University
• 1969 - Louisiana State University (now University of New Orleans)
• 1969 - Western State University, College of Law, Anaheim

PROFESSIONAL EXPERIENCE:

• 1975 -79 - Associate of Milton Grimes
• 1979 - Present - Solo practice