Blog - Dan Pruitt | Injury Lawyer Greenville SC, Nursing Home Injury Attorney

January 23, 2021

Momentum Building for Tougher Distracted Driving Laws

Distracted driving is a growing concern for drivers in and around Greenville. With a growing population and the rise of mobile technology, car accidents caused by distracted drivers have increased. These incidents can lead to serious injuries for victims.

How common are distracted driving accidents?

Car accidents are not uncommon. During the latest reporting year in South Carolina, the Department of Public Safety said that there were 141,599 traffic crashes across the state. Out of those, there were:

989 total fatalities
60,566 total injuries

The SCDPS also reported that says that distracted driving contributed to over 10,000 total crashes in the state during that same year.

What is being done about distracted driving?

Lawmakers at the State House are hearing arguments for and against the “South Carolina Hands-Free Act,” which would make it illegal to use a phone while driving. Texting and driving is already illegal in SC. However, police officers say that the $25 fine for violations is not enough to be a deterrent. They also say the law is nearly unenforceable. When officers pull a car over, drivers can claim that they were using their phone’s navigation system or to make a call. Both of those actions are currently legal.

The new bill would outlaw the use of a phone for nearly any reason, even while stopped at red lights or stop signs. Drivers would face a fine of $100 for violating the law and $300 fines for each repeat offense. Drivers would also lose two points on their license for each offense.

Provisions of this bill have died on the House floor in the past. There have been concerns about the bill’s harsh penalties. Other lawmakers want there to be exceptions for drivers using their phones to navigate.

Contact a South Carolina car accident lawyer

If you or a loved one have been injured due to the actions of a distracted driver, you can contact the Greenville car accident attorneys at the Dan Pruitt Law Firm for a free consultation today to find out what your next steps should be.

January 10, 2021

Truckers In SC Required to Use Electronic Logging Devices

Thousands of large commercial trucks cross South Carolina roadways each day, and these vehicles are essential parts of our strong economy. A recent change took place that could increase truck safety on the roadway. Truck drivers are now required to use “electronic logging devices” to keep track of their hours of service.

What this change means

The Federal Motor Carrier Safety Administration (FCMSA) requires that drivers keep track of their hours. In order to ensure the safety of drivers and others on the roadway, the FMCSA implements strict hour limits for drivers for each workday and workweek.

Before December 17, 2019, drivers in SC were only required to keep track of these hours on paper logs. Now, due to a federal mandate that has been in the making for at least 10 years, all truck drivers in the state will have to keep track of their hours on electronic logging devices (ELD). Drivers who did not already have an ELD by the deadline were required to have one installed in their rigs. This device will make sure that the driver stops and rests when they are supposed to.

According to the South Carolina Department of Public Safety, there were 4,986 total collisions involving trucks during the latest reporting year across the state. Out of those incidents, there were 65 fatalities and 1,637 people injured.

One of the leading causes of truck accidents is driver error. Drivers who do not follow the required hours of service could end up operating while fatigued.

The hours of service can be complicated to understand, but generally, truckers are limited to driving 11 hours during a 14-hour period after they have had 10 consecutive hours off. Additionally, drivers are limited to no more than 60 hours in-duty over seven days or 70 hours over eight days.

Call us for help today

If you or someone you care about has been injured in a truck accident that was caused by the negligence of a truck driver or trucking company, contact the Dan Pruitt Law Firm today. Our knowledgeable and experienced team will investigate the incident and work to secure any compensation you are entitled to. You can contact our Greenville truck accident attorney for a free consultation today to find out what your next steps should be.

December 4, 2020

SC One of Two States Without Laws Supporting Firefighter Cancer Protections

Firefighters are heroes in our society. Not only do they save homes and businesses from fire, but they are also regularly the first people to arrive at the scene of a medical emergency or traffic crash. Unfortunately, firefighters face significant hidden dangers that many people in the general public do not think about. They are exposed to hazardous elements on a regular basis, get this often leads to a cancer diagnosis. South Carolina is one of two states that does not have any laws supporting some form of firefighter cancer protection. That could be about to change.

What changes could be coming to help firefighters?

According to the International Association of Firefighters, more firefighters die due to job-related cancers than they do due to all other on-duty causes of death combined. Data that links firefighting to cancer, along with the tragic death rate of first responders after helping in the 9/11 attacks, has led to many states expanding benefits for firefighters battling cancer.

In February, state Sen. Thomas Alexander, R-Oconee, filed a bill that would create an insurance fund for all qualifying career and volunteer firefighters to help pay for their cancer treatment. The fund would also provide benefits for their families if they die due to cancer.

According to a study by the National Institute for Occupational Safety and Health, firefighters are two times as likely as anybody else in the population to develop mesothelioma and testicular cancer. Data also shows that they are 53% more likely to be diagnosed with multiple myeloma and 51% more likely to suffer from non-Hodgkins lymphoma.

The bill proposed by Sen. Alexander would set aside $3.5 million each year for an insurance fund, and each qualifying firefighter would receive:

$20,000 upon receiving a cancer diagnosis
$12,000 each year until their treatment is completed
$75,000 death benefit for families

We fight for workers’ compensation coverage

At the Dan Pruitt Law Firm, we believe that every firefighter, and every injured worker in South Carolina, deserves to receive proper workers’ compensation benefits. You can contact our Greenville workers’ compensation attorney for a free consultation if you or a loved one have been injured at work and are having trouble receiving your rightful benefits.

November 25, 2020

Signs of Nursing Home Abuse

If you made the difficult decision to place your elderly loved one in a nursing home, you are not alone. Over two million seniors now live in assisted living facilities and nursing homes throughout the United States. Nursing homes have a legal and moral responsibility to care for their elderly residents. Unfortunately, the reports of senior abuse and neglect continue to rise. If your family member currently resides in a nursing home facility, it is important to understand the signs of nursing home abuse in order to ensure the safety of your loved one remains protected.

Types of Nursing Home Abuse

The four different types of nursing home abuse and neglect that may occur to elderly residents of nursing homes include physical abuse, sexual abuse, psychological abuse, and financial abuse. While these types of abuse cover a vast range of possible scenarios, typically if an elderly senior suffers abuse or neglect as a resident of a nursing home it will fall into one of these categories.

Signs of Physical Abuse

The Journal of the American Medical Association research shows that when an elderly senior suffers any kind of physical abuse, they have a 300% higher risk of death. Some of the symptoms of physical abuse of elderly residents of nursing homes include bedsores, dehydration, malnutrition, unexplained infections, unexplained weight loss, bruises, signs of physical restraint, broken or fractured bones, difficulty sleeping, unwashed hair, body, or clothes, unexplained injuries, genital injuries, torn clothing, or changes in their emotional state. Any of these signs could point to possible nursing home abuse.

Signs of Sexual Abuse

Shockingly, the National Consumer Voice for Quality Long-Term Care, many elderly residents, unfortunately, experience sexual abuse as residents of nursing homes. If you notice any genital injuries, the development of a sexually transmitted disease, bruises on the legs, or serious changes in your loved one’s emotional state, it may indicate signs of sexual abuse.

Signs of Psychological Abuse

If you noticed that your elderly loved one has unexpected mood swings, depression, anxiety, expresses fear when nursing home staff appear, act violently, or has regressive tendencies such as thumb sucking or rocking back and forth, these may be signs of psychological abuse. Many elderly residents at nursing homes suffer from neurocognitive decline from Alzheimer’s disease or dementia, however if you notice any unusual or disturbing changes in your loved one’s emotional state, it may be a sign of psychological abuse on the part of the nursing home.

Financial Abuse

Unfortunately, in some cases nursing home residents have their possessions or money stolen from them. Nursing home workers have the ability to freely move in and out of residence rooms in order to distribute medicine, assist with daily tasks, or reposition residence. This offers an opportunity for them to steal either property or money from residence. In other cases, the nursing home staff to manipulate an elderly resident into changing their estate planning documents. If you notice that any of the property, money, credit cards, or estate planning documents have changed regarding your loved one, you have the right to suspect possible financial abuse.

Contact an Experienced Nursing Home Attorney

If you discover or suspect that your elderly loved one suffered any kind of nursing home abuse as a resident of a nursing home or assisted living facility, you have the right to seek justice on their behalf. Contact the Dan Pruitt Law Firm to visit with an experienced nursing home attorney and learn how to protect the legal rights of your elderly family member. Contact us online or at (864) 280-7660 today for a free consultation.

November 5, 2020

What Is Considered Nursing Home Negligence?

The Centers for Disease Control and Prevention indicates that any action or inaction that fails to adequately meet the basic needs of an elderly resident of a nursing home will rise to the level of elder neglect. If you discover or suspect that your elderly loved one has suffered any kind of nursing home neglect as a resident of a nursing home, you may have the legal right to pursue compensation and justice on their behalf.

Negligence vs. Abuse

Nursing home abuse is the direct infliction of physical, sexual, psychological, or financial harm on a resident of a nursing home. Nursing home negligence differs from nursing home abuse in the sense that it is the lack of action or sheer inaction that causes an elderly resident of a nursing home to suffer in some way. There are many different ways a nursing home can neglect its residents which can result in serious physical, emotional, and financial harm.

Physical Nursing Home Negligence

Examples of physical nursing home negligence include the following:

Failure to provide proper nutrition and hydration
Failure to provide basic essentials regarding daily hygiene and care
Failure to identify, diagnose or address any medical condition
Failure to assist residents with daily needs such as going to the restroom, repositioning, or eating
Failure to provide proper medication at correct times
Failure to provide assistance to residents that need help walking, resulting in a slip and fall injury
Failure to report any medical, physical, emotional, or financial harm of a resident

Psychological Nursing Home Negligence

Examples of psychological nursing home negligence include the following:

Failure to allow residents to visit with other residents, family members or friends
Withholding of food or water as a punishment or incentive to get the resident to act in a certain way
Threatening, bullying, shaming, manipulating or causing a resident any kind of emotional distress
Failing to forward phone calls to the resident
Failing to attend to their basic requests for food, water, or the need to go to the restroom

Warning Signs of Nursing Home Negligence

Research from the National Center for Biotechnology Information indicates that there is a shocking amount of neglect suffered by seniors as resident of nursing homes. Some of the signs to watch for in your elderly loved one that may indicate nursing home negligence can include the following:

Dehydration
Malnutrition
Unexplained infections
Bedsores
Weight loss or weight gain
Unexplained bruises or cuts
Lack of overall personal hygiene
Sudden and unexplained changes in emotional state, behavior or personality
Development of medical complications
Failure to contact the family when there are serious changes to the physical or emotional condition of the elderly resident
Failure to forward phone calls or failure to allow family members to see the elderly resident

Contact an Experienced Nursing Home Attorney

If you discover or suspect that your elderly loved one suffered any kind of negligence as a resident of a nursing home or assisted living facility, contact the Dan Pruitt Law Firm to visit with an experienced nursing home attorney and learn how to protect the legal rights of your elderly family member. Contact us online or at (864) 280-7660 today for a free consultation.

October 19, 2020

Are Cameras Allowed In SC Nursing Homes – The Granny Cam Debate

Nursing home abuse is abhorrent, but it happens. There are times when nursing home employees and volunteers abuse and neglect the residents they are supposed to care for. This abuse happens in a wide variety of ways, and there have been stories of abuse cases being discovered by relatives who put cameras in their loved one’s nursing home room. These cameras have been dubbed “granny cams,” but are they legal?

Granny cams in SC nursing homes

South Carolinians have debated about the use of granny cams for years. A 2015 article in The State discusses a proposed bill that was moving through the Senate medical affairs subcommittee that would allow cameras to be placed in nursing home resident’s rooms by their family members. At the time, the AARP said that video cameras can be “a tool to assist family caregivers, especially caregivers from other states, in checking on their loved ones.”

The bill failed to pass out of the committee, and as of now, SC law does not allow the use of cameras in nursing homes.

Why would this not be allowed?

There are various reasons why this is not allowed right now, and they center around privacy. Those who oppose the camera say that they infringe on the privacy rights of residents, particularly other residents in the room and those who could be inadvertently captured on film. There is also the worry that staff members of the nursing home will not consent to have their images captured.

Some of the biggest detractors of this bill were lobbyists for the nursing home industry. It is telling that they do not want this bill to pass. What are they trying to cover up?

Seek assistance if you suspect abuse

If you suspect that your loved one has been abused by nursing home staff, seek legal assistance immediately. At the Dan Pruitt Law Firm, you can contact our Greenville nursing home abuse attorneys for a free consultation of your case. Let us investigate what happened to your loved one so we can secure the compensation they deserve.

October 8, 2020

Importance of Preserving Evidence in Trucking Accident Cases

If you suffered injuries, damages, harm, or losses related to a trucking accident, you have the legal right to receive compensation from the negligent party. However, an investigation must first determine who the negligent party actually is for legal purposes. The truck driver, trucking company, cargo-loading company, or even manufacturer of trucking parts and components could remain liable for your injuries and losses. As a result, the most important foundation of your trucking accident case will rest on the evidence. Preserving evidence is critical in any accident case, but even more important in trucking accident cases.

Types of Evidence To Preserve in a Trucking Accident Case

Victims of trucking accidents need to preserve both physical and electronic evidence related to their trucking case, as well as ensure that the evidence remains it its original state and condition. Some of the types of evidence needed in a trucking accident case may include the following:

The “black box” of the commercial truck. This electronic device contains specific data related to the truck’s speed, gear shifts, length of the time the truck was in operation, the GPS locations, communications between the trucking company and the truck, braking history, daily inspection reports and other reports filed by a truck driver
Contact information of all drivers and witnesses including insurance information
Daily, weekly, monthly, and yearly inspection records of the commercial truck including what parts were replaced or repaired
Daily logs of the truck driver, indicating whether or not the truck driver follow the Hours of Service Regulations required under the federal regulations of the Federal Motor Carrier Safety Administration (FMCSA)
The work history, training, and experience of the truck driver
A listing of all complaints that exist against the truck driver, trucking company or cargo loading company
Listing of any possible recall notices for any manufactured parts or components of the commercial truck

Preserving Evidence

The most important step any victim can take following receiving medical evaluation and attention is issuing a spoliation letter to all possible liable parties associated with the trucking accident. A spoliation letter is extremely important because it requires all parties to preserve all evidence that may possibly be related to the trucking accident, even if the party would have the legal right to destroy it otherwise. This spoliation letter is critical as it alerts all parties of an impending lawsuit and requires them to preserve evidence under the law. Failure to do so can result in harsh penalties issued by the court.

Contact an Experienced Trucking Attorney

If you suffered any injuries or damages as a result of a trucking accident, immediate steps should be taken to preserve the evidence related to your accident. Contact the Dan Pruitt Law Firm to visit with an experienced trucking accident attorney and learn how we can help issue a spoliation and ensure all of the evidence is preserved in your trucking accident case. Contact us online or at (864) 280-7660 today for a free consultation.

September 18, 2020

Determination of Liability in Trucking Accidents

Accidents that involve large commercial trucks such as 18-wheelers or semi-trucks often cause catastrophic injuries and damage. In fact, The Federal Motor Carrier Safety Administration data indicates that large trucking accidents actually cause ten times the amount of serious injuries and fatalities as typical passenger vehicle accidents. In many cases, making a determination regarding liability in a trucking accident proves to be extremely complicated and legally complex. If you suffered any injuries or losses as a result of a trucking accident, you may have the right to sue multiple parties in order to receive compensation for your injuries and losses.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency charged with governing the trucking industry. Their rules and regulations establish concrete guidelines by which truck drivers and trucking companies must operate in order to ensure the safety of everyone on the roadways. Unfortunately, in many cases, truck drivers and trucking companies fail to follow these guidelines and regulations leading to serious accidents.

Liability in Trucking Accidents

There are many reasons a truck accident will occur, and every accident will have its own unique set of facts and circumstances. Making an accurate determination regarding liability in a trucking accident case can be legally complex. The following parties could have responsibility to pay for a victim’s injuries and losses following a trucking accident:

The truck driver
The trucking company
Another motorist involved in the accident
The owner of the commercial truck or trailer
The company or person that leased the commercial truck
The person or company responsible for loading the truck’s cargo
The manufacturer of any large truck’s defective part or component

In some cases, a victim has the legal right to pursue compensation from more than one of these entities.

How Determination of Liability Occurs

First, a victim should have an independent investigation done on the trucking accident. Most personal injury attorneys have the ability to conduct an independent investigation in order to help determine liability. Additionally, an experienced trucking attorney will know that a spoliation letter needs to be issued in order to preserve all evidence and prevents the trucking company or truck driver from destroying the evidence such as logbooks, records, maintenance schedules, hours of service logbooks, etc. The victim will also need to examine the police report and determine if the truck driver received any citations for failing to obey road signs or driving while under the influence of alcohol. There are many reasons that a trucking accident can occur, and a full investigation will assist a victim in understanding which parties remain legally liable to compensate them for their injuries and losses.

Contact an Experienced Trucking Accident Lawyer

If you suffered any injuries or damages as a result of a trucking accident, you may feel overwhelmed as every party will typically blame another party and attempt to remove themselves from any responsibility or liability with respect to the accident. You have the legal right to receive compensation for your injuries and losses related to someone else’s negligence. Contact the Dan Pruitt Law Firm to visit with an experienced trucking accident attorney and learn how to protect the legal rights and ensure your legal right to receive compensation for your injuries and losses. Contact us online or at (864) 280-7660 today for a free consultation.

September 10, 2020

You Need To Ask For A Skin Assessment For Your Loved One In A Nursing Home

Many residents inside nursing homes require special care to prevent them from contracting certain skin problems, particularly bedsores. Also known as pressure ulcers, this type of skin condition can lead to serious, and sometimes fatal, health conditions for a nursing home resident. Prevention is the key to reducing pressure ulcers in the nursing home setting, and family members should be insistent on skin assessments being conducted regularly on their loved ones. This is especially true during the ongoing COVID-19 pandemic, as visitation in nursing homes is not an option.

What does a skin assessment mean?

Bedsores range in severity on a scale from one to four, with a stage four bedsore being the most severe and life-threatening. Bedsores can usually be prevented with proper nursing home care. However, even if bedsores do occur, they can generally be successfully treated if discovered in the early stages.

The key to the prevention and detection of bedsores is conducting a skin assessment. Not only are nursing homes required to conduct skin assessments upon an initial admission of a resident, but they should also regularly conduct them, particularly for residents who have a higher risk of contracting pressure ulcers.

In reality, nursing home staff should use every patient encounter to preliminarily evaluate parts of the skin. When a proper skin assessment is conducted, this means that a resident’s entire body will be evaluated. Nursing home staff will conduct a head-to-toe assessment, focusing particularly on skin areas overlying bony prominences. Nursing home staff will be using a checklist and looking for things such as skin color, moisture, skin integrity edema, turgor, and more.

Let our Greenville team help you today

If your loved one has been diagnosed with bedsores in a nursing home, it could be because they did not receive proper or preventative care. At the Dan Pruitt Law Firm, we are here to help if you suspect that nursing home staff has not properly cared for your loved one. Let us investigate your situation and work to secure any compensation you or your loved one are entitled to. You can contact our Greenville nursing home abuse attorney for a free consultation today to find out what your next steps should be.

August 11, 2020

Horrific Case Of Assisted Living Facility Abuse Raises Local Questions

When you make the choice to put your loved one in an assisted living facility, you expect that they will be properly cared for. Regardless of why a person is in assisted living, they should be treated with respect and dignity. An incident that took place late last year in neighboring North Carolina raises many questions about the safety of elderly residents in nursing homes here in Greenville, South Carolina.

They operated a “dementia fight club”

In October 2019, police in Winston-Salem received a tip about elder abuse occurring at Danby House, an assisted living and memory-care facility. Their investigation subsequently led to the arrest of three employees who were running a makeshift fight club. Their fighters were the dementia patients they were supposed to be caring for. All three employees were arrested and charged with assault on an individual with a disability.

According to police reports, the employees filmed residents in Danby House’s “special care unit” fighting in residents’ rooms while other healthcare workers at the facility watched and recorded the incident on their own phones. In one incident, the “fighters” were 70 years old and 73 years old. Video shows one patient falling onto the bed while being assaulted and calling for help.

Could this happen in Greenville?

Yes, this could certainly happen in our area. Any person who has a loved one that resides in an assisted living facility needs to be aware of the signs and symptoms of abuse. Visit your loved one frequently and look out for the following:

Malnutrition or dehydration
Bedsores, pressure sores, pressure ulcers
Any unexplained weight loss
Suspected physical injury evidenced by painful reactions when touched
Unexplained bruises, torn skin, broken bones, or broken teeth.

You should also be aware of behavioral indicators of abuse that may not have physical signs, including:

Anxiety
Confusion or disorientation
Defensiveness
Depression
Fear of certain members of staff or volunteers
Fear
Helplessness
Hesitation to talk openly
Giving implausible excuses
Non-responsiveness
Withdrawal
Agitation
Anger

Contact a skilled nursing home abuse attorney today

If you suspect your loved one has been abused in an assisted living facility, you should contact an attorney as soon as possible. The Greenville assisted living abuse attorneys at the Dan Pruitt Law Firm offer a free consultation of your case so we can discuss the steps necessary to protect your loved one and secure the compensation they deserve.

(864) 280-7660