Michael S. Weisberg, P.C. Attorney at Law

Free Consultation
No Obligation
24 hour emergency service


Norfolk Personal Injury Law Blog

Understanding the link between falls and nursing home liability

Injuries from falls are one of the most prevalent risks to adults age 65 and older. The U.S. Centers for Disease Control and Prevention estimates that millions of these types of accidents occur every year. In fact, the CDC estimates that one out of three elderly adults will experience a fall each year.

Fortunately, many of these falling accidents do not result in serious injuries. This is perhaps the reason that many victims of falls never discuss them with their health care providers. The bad news is that according to 2013 statistics, nonfatal falls accounted for 2.5 million incidents where elderly people required emergency room treatment. Even worse, 734,000 of those victims required hospitalization.

Are probable cause and reasonable suspicion the same?

Probably cause and reasonable suspicion are important to your case. Probable cause means that police may not investigate you or your property without a warrant. A warrant can't be issued without probable cause. There is no definition of probable cause in the Constitution, but a good example would be if a police officer pulled over a driver who was swerving and then asked the driver to take a breathalyzer test. In that case, swerving may be enough of a cause, if it was severe enough, to warrant the officer pulling over a driver.

Reasonable suspicion was developed by courts to describe the level of suspicion that is lower than probable cause. For example, probable cause may be a person reporting a crime, which would be reason enough for a police officer to come to a scene and ask a few questions. Then, if there is reasonable suspicion, he may investigate or get a warrant to go into a home or crime scene.

Challenging the legality of a DUI traffic checkpoint

Generally, the restrictions to police DUI roadblocks and checkpoints are based on two central factors. Police are required to provide the public with adequate notice and warning about upcoming DUI checkpoint activity. They are also prohibited from arbitrarily conducting searches for drunk drivers at those roadblocks.

This is why retaining an attorney experienced in Virginia's DUI traffic laws can sometimes be extremely helpful. For example, an attorney can search public documents and determine whether police provided sufficient public notice in advance of their DUI checkpoints. An attorney can also investigate police records to determine whether police stopped your vehicle randomly or whether they specifically targeted your vehicle for further DUI investigation.

You have the right to counsel during criminal justice proceedings

We have discussed some basic information about coming up with a strategy for a criminal defense. The truth of the matter is that deciding on which strategies are suitable for which cases is something that takes knowledge of the law. We can help you learn which strategies are suitable for your case so that you can decide which options are worth exploring more.

Anyone who is facing criminal charges should remember that the U.S. Constitution gives you the right to have counsel as you face the charges placed against you. This right is given in the Sixth Amendment. This is a very important right to invoke because it covers the right to have representation present during your trial. It also covers the right to have representation with you at every major step in the criminal justice procedure.

How can I defend against evidence found in a rape kit?

Rape is an abhorrent crime that no person should ever be forced to endure. Due to the reprehensible nature of sexual assault and rape, law enforcement officials often prosecute these types of cases with more fervor than other types of crime. One of the unfortunate consequences of that desire to solve sex crimes faster is that investigators sometimes overlook or downplay the significance of some evidence while placing greater importance on other evidence in their rush to apprehend a defendant. In those cases, it is good to have another set of eyes look for evidence that might exclude a defendant from possibly having committed a crime.

Today in Virginia, it is now common practice for police departments throughout the Commonwealth to facilitate the collection of evidence from the victims of alleged sex crimes. Typically, medical professionals will utilize a so-called "rape kit" in order to compile samples of bodily fluid, hair and other evidence that an attacker may have left on the victim. Typically, those samples are then DNA tested in attempts to identify potential attackers. In some cases, medical workers also take photographs and other evidence from victims and include those into the kit in an effort to show that an alleged attacker used force against his or her victim.

What are some types of nursing home abuse?

Putting a loved one in a Virginia nursing home can be a difficult step. You can't be there all the time, and you're trusting that the facility will care for them. After you leave your family member in the facility's care, there are several kinds of nursing home abuse that you can look for if you want to protect your family member or believe he or she has been abused in the past. The main forms you can look for include emotional or psychological abuse, self-neglect, abandonment, sexual abuse, and physical abuse.

The most obvious of all the types of abuse will be physical. This is also often the kind that is reported in nursing facilities, and it can be in combination with neglect. Physical abuse can take the form of shaking, kicking, striking, or force-feeding an elderly person. The inappropriate use of drugs or restraints as punishment may also be seen as abuse.

DUI defense can entail a variety of strategies

Seeing a police cruiser's flashing lights behind your vehicle when you have been drinking alcohol can seem to make your heart stop. It is important for you to know ahead of time what your rights are when you are pulled over for a DUI. Even if you weren't sure of your rights when you were pulled over, you can still take steps afterward to protect your rights.

We know that things sometimes happen, but that doesn't mean that you should have a ruined life because of it. We aren't able to promise you that your life won't be affected by a DUI, but we can help you to learn about the ways you have to protect yourself.

Get help after a crash in Virginia Beach

With a hot vacation spot in Virginia nearby, Virginia Beach, you're used to many new people coming to your area to visit beautiful seaside resorts and to spend time with their families living in the state of Virginia. Summer months can lead to congested roadways, so it's not unusual to see some car accidents take place. Many could be avoided, though, especially if people paid more attention while driving and took the time to plan where they were headed before driving on unfamiliar roadways.

There are several busy highways in Virginia Beach including I-64, I-664, Route 10, Route 58 and the Virginia Beach Expressway. These frequently used roads are often the sites of car accidents, and the results of these crashes can be tragic. What should have been a nice day out may end up with hospital visits or a trip to the morgue.

What is a medical standard of care and why does it matter?

Many of our posts have covered medical malpractice cases. An important point in every case of medical malpractice is whether the medical professional strayed away from the acceptable standard of care or not.

What is the standard of care?

Video monitoring and nursing home abuse in Virginia

Every person deserves to be treated with dignity regardless of their age. Unfortunately, people living in assisted living facilities and other long-term care programs sometimes endure harsh treatment at the hands of their care providers. Perhaps as a result of the unique one-on-one relationships that care providers often share with their patients, things like stealing from patients, neglecting their care or just downright abusing them can go on for some time before anyone notices. These situations can be even worse when patients are mentally incapacitated or otherwise unable to report those incidents.

Situations involving nursing home neglect and abuse have prompted many family members and other interested parties to push for legislation which allows cameras inside patients' rooms. These so-called "granny cams" would allow relatives to look in periodically on their loved ones much like a modern-day version of a baby monitor.

Ask Michael A Question

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Free Book Offer:

What You Need To Know About Getting a Fair and Reasonable Settlement


Follow Us Online:

  • Facebook Logo
  • Twitter Logo
  • Google Plus Logo

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.