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

July 21, 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.

July 15, 2020

Federal Trucking Hours of Service Regulations Changing

Most commercial trucks that operate in South Carolina are required to abide by the regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). One of the most important requirements for drivers concerns the hours of service (HOS). The HOS are regulations that guide how many hours a driver can operate during a day and during a workweek. Now, these regulations are heading for permanent changes.

What is going on with the FMCSA hours of service changes?

In March of 2020, the federal government suspended hours of service requirements for commercial truckers for the first time in the history of the regulations. This was done in an effort to ensure that critical goods and medical supplies would still flow throughout the country during the COVID-19 pandemic.

However, now the US Department of Transportation (USDOT) has announced that the FMCSA is permanently changing HOS regulations. Amongst the most significant changes include the following:

Commercial truck drivers are still required to take a 30-minute break after eight consecutive hours of driving, but their break can now use “on-duty, not driving” status instead of only using
“off-duty” status.
The FMCSA has extended the window of time with which drivers are permitted to operate during adverse weather conditions by two hours.
Short-haul drivers now have a 14-hour maximum on-duty time they can operate, and the distance they can operate expands to 150 air miles.

The agency claims that the changes being made are designed to improve safety and will not increase the driving time. They claim that commercial truck drivers will now have more flexibility regarding when to take their breaks.

We are here to help after a truck accident

If you or somebody you love has been injured due to the negligence of a truck driver or trucking company, contact the Dan Pruitt Law Firm today. Our team will investigate your claim in order to secure full compensation medical expenses, lost wages, pain and suffering damages, anymore. When you need a Greenville truck accident attorney, contact us for a free consultation today so we can plan your next steps forward.

July 8, 2020

Complaints Filed Against SC Nursing Homes During Pandemic

The COVID-19 pandemic has swept across this country and South Carolina. Unfortunately, as of this writing, confirmed cases of this virus and deaths due to COVID-19 continue to rise in SC. We are now learning that, as COVID-19 was raging across South Carolina this spring, approximately two dozen nursing homes and extended care facilities allegedly failed to adequately protect residents from the virus.

What happened in SC nursing homes?

According to a report released by The State newspaper, complaints that were lodged with state regulators say that nursing homes exposed many residents to dangerous and unsanitary conditions and did not take steps necessary to adequately protect residents. The complaints assert that, in some cases, the nursing home staff knew about problems at their facilities but tried to cover them up. Other complaints allege that nursing homes refused to test residents for COVID-19 and failed to provide adequate personal protective equipment to protect staff and residents.

As of the time of those writing, state regulators say they have not found evidence of “imminent harm” to nursing home residents, but they are looking into the complaints. Laura Renwick, A spokesperson with the South Carolina Department of Health and Environmental Control (DHEC) says that all allegations will be investigated as part of upcoming regular inspections of facilities.

If any of the complaints are found to be true, this can result in DHEC forcing nursing homes to make improvements. If evidence of extreme violations his present, the nursing homes could be fined.

Recent data released by DHEC shows that nursing home residents make up more than one-third of the state’s total COVID-19-related deaths, despite representing only 11.8% of those who have tested positive. There are 194 nursing homes in South Carolina.

Let the Dan Pruitt Law Firm help

If you suspect that your loved one has been abused or neglected in a nursing home, contact the Dan Pruitt Law Firm today. We will thoroughly investigate your claim in order to secure the compensation you and your loved one need. This can include coverage on medical bills, relocation to a new facility, pain and suffering damages, and possibly punitive damages against the nursing home. You can contact our Greenville nursing home abuse attorney for a free consultation of your case today.

July 1, 2020

COVID-19 Pushes Nursing Home Staff To The Limit, Are They Providing Proper Care?

By now, we realize that COVID-19 is incredibly dangerous for specific segments of the population, particularly those who reside in nursing homes. Some of the worst outbreaks in the country have happened in nursing home environments. In South Carolina, COVID-19 deaths account for one-third of the entire state’s virus toll. As this pandemic pushes nursing home workers to their limits, and due to family visitation being halted, what steps can you take to ensure that your loved one is being cared for properly in a nursing home?

Understaffing is a major safety problem for nursing home residents

A major concern that many families have in South Carolina right now is that their loved ones may not be properly cared for during this ongoing pandemic. In some cases, nursing home staffing numbers have been reduced. This can have serious consequences on residents, and family members currently have no way to conduct in-person visits to check on the condition of their loved one.

Even the best nursing homes can suffer from a decline in patient care if they do not have enough staff to take care of the residents. While the risk of intentional abuse may not increase, it is the unintentional neglect of nursing home residents that should be worrying about family members. An under-staffed facility can exasperate the prevalence of:

pressure ulcers (bedsores)
medication mistakes (wrong dosage, wrong medication, not giving medication at all)
malnutrition
dehydration
patients being dropped leading to significant fractures

Nursing home under-staffing should always be a concern of family members. During the ongoing pandemic, we encourage family members to use other means to connect with their loved ones, including phone calls and video conferencing on a regular basis, if possible.

Our nursing home abuse lawyers are here to help

If you suspect that your loved one has not been cared for properly inside of a nursing home in Greenville, South Carolina, speak to an attorney as soon as possible. The team at Dan Pruitt Law Firm is ready to investigate your claim 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 so we can help determine what the best path forward for you and your family should be.

June 24, 2020

What You Need To Know About South Carolina Workers’ Comp And COVID-19

If you are a healthcare employee or other essential worker in South Carolina that has been faithfully going to work each day during the COVID-19 pandemic, you may have questions about whether you qualify for workers’ compensation benefits if you contract the virus. This can be a difficult situation to understand, particularly in the midst of an unprecedented global health crisis. Many states across the country have made changes to their workers’ comp laws to address this situation. Has South Carolina?

Will COVID-19 cases be covered by workers’ comp?

First, it is important to understand that workers’ compensation covers not only bodily injuries. It can also cover those who have been harmed due to exposure to communicable diseases at work. While it may be more difficult to successfully pursue a workers’ comp claim in these cases, South Carolina workers’ compensation laws do cover diseases contracted due to workplace exposure.

Unfortunately, the way the laws concerning workers’ compensation are written in South Carolina makes it more difficult to prove occupational disease claims when the disease can also be contracted by the general public. While we know that essential workers face significant risks of contracting COVID-19, this is also a virus that can certainly be contracted by anyone in the state. This can make it difficult to prove when and where a person was exposed.

Because the laws in SC require workers to prove that they contracted COVID-19 due to workplace exposure, it may be necessary for anyone who contracts this virus to seek legal representation to ensure they receive all the benefits they deserve. As of this writing, the state of SC has not made it any easier for essential employees to obtain workers’ compensation benefits if they contract COVID-19.

Let our Greenville workers’ attorneys help you today

If you have any questions about whether or not you qualify for South Carolina workers’ compensation benefits after contracting COVID-19, contact the Dan Pruitt Law Firm today. We have extensive experience handling work injury cases, and we stand up for the rights of workers injured on the job. You can contact our Greenville workers’ compensation attorney for a free consultation today to find out what your next steps should be.

June 15, 2020

With Truck Driver Hours Of Service Limits Suspended, Are You Safe?

The United States has been going through the worst global health pandemic in modern history, and many changes have been made to federal and state regulations regarding certain safety measures. When it was apparent that this pandemic would quickly deplete supplies on store shelves, the federal government suspended regulations regarding truck driver hours of service. These regulations have been in place for more than 80 years, and work to ensure that truck drivers do not operate while fatigued. How long will these changes last, and how are they affecting roadway safety?

Why did the hours of service regulations change?

Federal regulators suspended the 82-year-old road safety laws regarding how many hours commercial truck drivers are allowed to operate during a day and throughout the week. They did this in response to the COVID-19 pandemic in an effort to ensure that supplies such as medical equipment, food, and medication would still be available to all Americans. The regulations were suspended in the middle of March and will continue as long as there is a state of emergency ongoing in the US.

Under the normal regulations, truck drivers are only allowed to operate for 11 hours within a 14 hour work period. They are then required to be off duty for ten consecutive hours before they can resume driving on a new set of hours for the day. Drivers are allowed to operate only 60 hours during a seven-day workweek or 70 hours during an eight-day workweek. After a driver reaches the maximum amount of hours in a workweek, they are then required to take 34 or more hours off before they can reset and begin a new workweek.

These regulations are in place to prevent drivers from operating while fatigued. Commercial trucks can weigh as much as 80,000 pounds when fully loaded, according to the Federal Motor Carrier Safety Administration (FMCSA). These vehicles can cause significant damage and injuries to those inside traditional passenger vehicles in an accident.

Let our team get to work on your behalf

If you or somebody you care about has been injured due to the actions of a truck driver or trucking company, you should speak to an attorney immediately. At the Dan Pruitt Law Firm, we are ready to investigate your case and secure any compensation you may be entitled to. You can contact our Greenville truck accident attorney for a free consultation today so we can work to determine the best path moving forward.

June 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.

May 28, 2020

Are Nursing Homes In South Carolina Allowing Visitation During The COVID-19 Pandemic?

As the COVID-19 pandemic has swept across the country, we have seen that nursing home residents have been particularly vulnerable. The US Centers for Disease Control and Prevention (CDC) alerted the public early on that those aged 65 and over, as well as those who have chronic health conditions such as diabetes, lung diseases, and heart disease, are most at risk of becoming seriously ill due to coronavirus. Due to this, Governor Henry McMaster ordered that all nursing home visitations end until further notice.

Since the governor’s March 13 declaration, those who have loved ones in nursing homes have understandably been upset. Not being able to visit with family and friends is incredibly difficult. However, most people understand that this is the only way to control major outbreaks of COVID-19 from occurring within these facilities. Unfortunately, the SC Department of Health and Environmental Control (DHEC) has reported that approximately 23% of all COVID-19 deaths in the state have happened to residents or workers at long-term care facilities.

Alternatives to in-person visits

As you may have seen on the news, many people have turned to alternative methods to speak to and see their loved ones. Technology has been a major factor in these situations. If your loved one is in a nursing home, and they have access to a computer or smartphone, you should consider using FaceTime, Zoom, or other types of video chat to see and talk to your loved one. While nursing home staff may be busy, you should ask them to help your loved one use this technology if they have the time to do so.

You may need help from an attorney

If you suspect that your loved one has been abused neglected in a nursing home in the Greenville area, please contact an attorney immediately. The Dan Pruitt Law Firm will investigate every aspect of your claim to ensure your loved one is treated fairly and compensated for what happened. You can contact our Greenville nursing home attorney for a free consultation today and let us help determine what steps to take next.

May 20, 2020

Are Nursing Homes Liable For COVID-19 Deaths?

As the COVID-19 pandemic has swept across the country, we have seen that nursing homes have been hit particularly hard when it comes to illnesses and deaths caused by the virus. This is because nursing home residents are particularly at risk of suffering severe effects due to coronavirus. Not only are most nursing home residents elderly, but they are also more likely to have certain conditions that place them more at risk of suffering ill effects due to the virus than the general population.

Many people are wondering whether nursing homes can be held liable for deaths that occur in their facilities due to COVID-19.

Could these be cases of wrongful death?

The first major outbreak of COVID-19 deaths in the US was at a nursing home in Washington state. All told, 43 virus deaths have been attributed to the Life Care Center in a Seattle suburb. Now, a lawsuit has been filed by the daughter of one of the residents who passed away due to COVID-19.

The claim alleges that neglect and negligence led to the death of Twilla Morin. The suit also alleges that employees covered up facts related to the coronavirus outbreak at the facility. The complaint says that the nursing home knew about a respiratory outbreak at the facility in February, but delayed in notifying officials. The facility allegedly failed to have a backup plan in place for when their primary doctor became ill.

How could this affect cases in South Carolina?

The wrongful death lawsuit at the facility in Washington has little bearing on cases here in South Carolina. However, the case is worth watching, and it raises questions about how COVID-19 is handled in nursing homes in this state. There are hundreds of nursing homes in South Carolina, and many here in the Greenville area. According to the state Department of Health and Environmental Control (DHEC), 23% of the coronavirus deaths in South Carolina have occurred in long-term care facilities.

We are ready to help

If you have lost a loved one in a nursing home and you suspect their death was caused by the negligent actions of nursing home staff, speak to an attorney as soon as possible. You can count on the Dan Pruitt Law Firm to thoroughly investigate your case to determine whether or not you are entitled to any compensation for what happened. You can contact our Greenville nursing home wrongful death attorney for a free consultation today to find out what your next steps should be.

May 13, 2020

Why Are Nursing Home Residents So Vulnerable To COVID-19?

There is no doubt that the coronavirus pandemic has significantly affected most people in this country. However, COVID-19 is particularly dangerous for those who reside in nursing homes. The first major outbreak of COVID-19 deaths in the United States happened at the Life Care Center in Washington state. Since that time, we have seen hundreds of nursing homes throughout the US deal with devastating coronavirus outbreaks. A recent survey conducted by The Associated Press found that nearly 11,000 nursing home residents have died due to COVID-19.

Who is most at-risk in these cases?

The US Centers for Disease Control and Prevention (CDC) has said that those who are aged 65 or over and those who have serious health conditions such as heart disease, lung diseases, diabetes, and a weakened immune system, are most at risk of becoming seriously ill due to COVID-19. The CDC also says that those who have chronic kidney diseases and are undergoing dialysis and those with liver disease face higher risks a severe illness or death due to coronavirus. Nursing home residents often fit into multiple at-risk categories.

How has this affected South Carolina nursing home residents?

According to the SC Department of Health and Environmental Control (DHEC), the latest data shows that nearly 600 people who live or work in long-term care facilities in the state have been infected with COVID-19. DHEC says that 44 of those people have died due to complications from the virus. Nursing homes in South Carolina are under strict “no visitation” orders from the governor in order to limit the spread of COVID-19 amongst this vulnerable population.

Let us help you through this

If your loved one resides in a nursing home around the Greenville area, we know this is a difficult time for you and your family. At the Dan Pruitt Law Firm, we are here to help if you suspect that your loved one has been neglected or abused. You can contact our Greenville nursing home abuse attorney for a free consultation today to find out what your next steps should be.

(864) 280-7660