Queens Teacher Abused by Students Settles Claims for $125,000

You know a school is tough when the teachers complain about bullying and are terrified of the students. Kathy Perez said that is how it was in two Queens schools where she worked. Now she has settled a claim with the New York City Law Department for $125,000.

The claims against the state's Department of Education stem from incidents with her students, both of which landed Perez in the hospital with injuries. The teacher says that her teenage students in Queens harassed her sexually and racially in addition to causing her physical injury.

School Slept on Complaints

Perez told the New York Post that she was twice taken out of her classroom by medics on a stretcher. Still, she said that school officials did nothing to address her complaints about student behavior. "These kids knew they could beat on me all they wanted, and the administration would tacitly encourage it by not doing anything about it," Perez said. "In no other workplace would I be expected to take this as part of my day."

One of the two schools that Perez was placed in, MS 72, reportedly has known bullying and discipline problems and low student achievement. Although Perez made numerous reports about student behavior, her lawsuits stem from two major incidents.

Dangerous Environment

In one incident Perez was chased around the classroom by teenage students who trampled her. In the other major event a girl shoved the teacher to the floor. Both times Perez says she was removed from the classroom on a stretcher by emergency medical personnel.

Apart from the two major incidents that led to serious injuries and multiple surgeries, Perez made multiple reports of harassment by students. She said that they called her by racist names and accused her of being a racist, among other claims.

Although school officials said that they did discipline children who misbehaved in the classroom and who were rude to the teacher, Perez said school officials never addressed the complaints with her and even warned the teacher about her behavior. The teacher's claims were settled with the City Law Department in April and the resolution was reported by the New York Post this month.

Injured?

If you, like Kathy Perez, were injured at work or elsewhere, talk to a lawyer. Tell your story and find out your options. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Meeting With an Injury Attorney (FindLaw's Learn About the Law)
• Starting a Lawsuit: Initial Court Papers (FindLaw's Learn About the Law)
• Fact-Finding: Understanding the Discovery Process (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/06/queens-teacher-abused-by-students-settles-claims-for-125000.html

When Are Nursing Homes Liable for Injuries?

via Tumblr hobbsr04.tumblr.com/post/146259099647 It is a sad reality that those who most need assistance are also most likely to be neglected or abused. For example, recently, two New York nursing home workers were indicted for endangering a patient. They ignored his cries for help while he writhed on the floor. But even less extreme cases end in injury, if not in criminal cases. Caring caregivers can sometimes be overwhelmed by the difficulty of their jobs and that leads to accidents. Nursing homes are liable to patients who are injured as a result of negligence and there are many contexts for liability in a nursing home. Institutions can be held responsible for a negligent worker, and any individual who is negligent can also be named in a suit. Negligence in Nursing Homes A nursing home can unfortunately be negligent in many ways. A small mistake like forgetting to warn that a floor is wet can have very serious consequences for an elderly person. Nursing homes are responsible for keeping their premises safe for patients and can be sued for a standard slip and fall, just like any other business. But these facilities do more than most businesses. They feed and care for patients all day and night and can sometimes access certain financial accounts, as well as administer medication and give medical care. Any nursing home staff member, administrative, medical, janitorial, or otherwise, who fails to provide the standard of care that is reasonable under the circumstances can be held liable for injuries they caused. Lots of Contexts for Liability Any injury that arises from a failure to provide the care due patients who rely on full-time assistance is a home’s responsibility if you prove negligence. But because these places do so much for patients, an exhaustive list of possible injuries is impossible to compile. Homes can commit economic frauds that cause injury as well as causing physical harm to patients through medical negligence or lack of care. These harms can all be addressed in lawsuits, and which claim to make will depend on injury specifics. Think of it like this: a nursing home has all the liability of a cafeteria, hotel, and hospital rolled into one, plus some. That is to say, these facilities operate to accommodate multiple needs, unlike many other businesses. As such, there is much more that can go wrong, and when things go wrong, lawsuits often follow. Consult With Counsel If someone you love has been injured in a nursing home, consult with an attorney and tell the story. Find out your options. Many attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Nursing Home Abuse FAQ (FindLaw’s Learn About the Law) Proving a Complaint Against a Nursing Home (FindLaw’s Learn About the Law) Legal Rights of Nursing Home Residents (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/when-are-nursing-homes-... via Blogger hobbsr04.blogspot.com/2016/06/when-are-nursing-homes-liab...

via Flickr http://www.flickr.com/photos/87814799@N02/27716870532

When Are Nursing Homes Liable for Injuries?

It is a sad reality that those who most need assistance are also most likely to be neglected or abused. For example, recently, two New York nursing home workers were indicted for endangering a patient. They ignored his cries for help while he writhed on the floor.

But even less extreme cases end in injury, if not in criminal cases. Caring caregivers can sometimes be overwhelmed by the difficulty of their jobs and that leads to accidents. Nursing homes are liable to patients who are injured as a result of negligence and there are many contexts for liability in a nursing home. Institutions can be held responsible for a negligent worker, and any individual who is negligent can also be named in a suit.

Negligence in Nursing Homes

A nursing home can unfortunately be negligent in many ways. A small mistake like forgetting to warn that a floor is wet can have very serious consequences for an elderly person. Nursing homes are responsible for keeping their premises safe for patients and can be sued for a standard slip and fall, just like any other business.

But these facilities do more than most businesses. They feed and care for patients all day and night and can sometimes access certain financial accounts, as well as administer medication and give medical care. Any nursing home staff member, administrative, medical, janitorial, or otherwise, who fails to provide the standard of care that is reasonable under the circumstances can be held liable for injuries they caused.

Lots of Contexts for Liability

Any injury that arises from a failure to provide the care due patients who rely on full-time assistance is a home's responsibility if you prove negligence. But because these places do so much for patients, an exhaustive list of possible injuries is impossible to compile. Homes can commit economic frauds that cause injury as well as causing physical harm to patients through medical negligence or lack of care. These harms can all be addressed in lawsuits, and which claim to make will depend on injury specifics.

Think of it like this: a nursing home has all the liability of a cafeteria, hotel, and hospital rolled into one, plus some. That is to say, these facilities operate to accommodate multiple needs, unlike many other businesses. As such, there is much more that can go wrong, and when things go wrong, lawsuits often follow.

Consult With Counsel

If someone you love has been injured in a nursing home, consult with an attorney and tell the story. Find out your options. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Nursing Home Abuse FAQ (FindLaw's Learn About the Law)
• Proving a Complaint Against a Nursing Home (FindLaw's Learn About the Law)
• Legal Rights of Nursing Home Residents (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/06/when-are-nursing-homes-liable-for-injuries.html

Whiplash Injury Compensation: How to Make Your Claim

via Tumblr hobbsr04.tumblr.com/post/146213996352 This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. After a car accident, you’re probably most concerned with your health and safety, not necessarily with compensation for your whiplash injury. But injuries can be costly and you will need to act promptly to get the ball rolling with your insurance company to get help covering medical expenses. In many states, drivers are required to carry insurance and accident claims are settled under no-fault law, meaning that no one is blamed for the accident and compensation is unrelated to fault. These laws minimize accident litigation and make relatively straightforward claims easy to settle. But wherever you are, when the injury is serious or insurers refuse you coverage, consider litigation. Let’s look at first steps and your last resort. Step One: Insurance Claim Even if you don’t feel seriously injured, go see a doctor and get examined. You should already have called your insurer immediately after the accident, so presumably they are aware of this crash and your claim generally. This is when you address the specifics. Whiplash and other soft-tissue injuries do not necessarily manifest immediately, but they can have long-term consequences that can be very costly and become more severe with time. Once you have seen a doctor, if a whiplash or other soft-tissue injury is discovered, inform your insurer. Individual policies and state laws all differ, so make sure you’re familiar with what your policy covers. Your insurance company will let you know what kind of documentation it needs from your doctor and whether it will authorize any suggested alternative treatments. In the worst case scenario, if the insurer is denying your claim or your doctor anticipates a lifetime of treatment that will exceed policy limits, then speak to a lawyer about litigation options. Last Resort: Litigation Collecting compensation after a whiplash injury stemming from a car accident should be a relatively straightforward process. In most cases, this kind of claim is precisely what insurance was designed for. But sometimes insurers are unwilling to provide as much coverage as needed, or costs expected to be associated with an injury exceed policy limits, and accident victims seek compensation through litigation. If you were injured in a car accident and are concerned about making an insurance claim or have already been denied and need guidance on next steps, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to help. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Can I Get Compensation for Whiplash? (FindLaw’s Injured) How Do You Prove Soft Tissue Injury? (FindLaw’s Injured) Car Accident Basics (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/whiplash-injury-compens... via Blogger hobbsr04.blogspot.com/2016/06/whiplash-injury-compensatio...

via Flickr http://www.flickr.com/photos/87814799@N02/27519712960

Whiplash Injury Compensation: How to Make Your Claim

This is another in our series on car accident claims. Many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

After a car accident, you're probably most concerned with your health and safety, not necessarily with compensation for your whiplash injury. But injuries can be costly and you will need to act promptly to get the ball rolling with your insurance company to get help covering medical expenses.

In many states, drivers are required to carry insurance and accident claims are settled under no-fault law, meaning that no one is blamed for the accident and compensation is unrelated to fault. These laws minimize accident litigation and make relatively straightforward claims easy to settle. But wherever you are, when the injury is serious or insurers refuse you coverage, consider litigation. Let's look at first steps and your last resort.

Step One: Insurance Claim

Even if you don't feel seriously injured, go see a doctor and get examined. You should already have called your insurer immediately after the accident, so presumably they are aware of this crash and your claim generally. This is when you address the specifics.

Whiplash and other soft-tissue injuries do not necessarily manifest immediately, but they can have long-term consequences that can be very costly and become more severe with time. Once you have seen a doctor, if a whiplash or other soft-tissue injury is discovered, inform your insurer. Individual policies and state laws all differ, so make sure you're familiar with what your policy covers.

Your insurance company will let you know what kind of documentation it needs from your doctor and whether it will authorize any suggested alternative treatments. In the worst case scenario, if the insurer is denying your claim or your doctor anticipates a lifetime of treatment that will exceed policy limits, then speak to a lawyer about litigation options.

Last Resort: Litigation

Collecting compensation after a whiplash injury stemming from a car accident should be a relatively straightforward process. In most cases, this kind of claim is precisely what insurance was designed for. But sometimes insurers are unwilling to provide as much coverage as needed, or costs expected to be associated with an injury exceed policy limits, and accident victims seek compensation through litigation.

If you were injured in a car accident and are concerned about making an insurance claim or have already been denied and need guidance on next steps, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to help.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Can I Get Compensation for Whiplash? (FindLaw's Injured)
• How Do You Prove Soft Tissue Injury? (FindLaw's Injured)
• Car Accident Basics (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/06/whiplash-injury-compensation-how-to-make-your-claim.html

Can Using Talcum and Baby Powder Really Cause Cancer?

via Tumblr hobbsr04.tumblr.com/post/146209332127 You may have seen the recent headlines about Johnson & Johnson being sued over claims that its baby powder and talcum-based products cause cancer, even getting hit with a $72 million judgment in one case. These lawsuits claim that the use of talcum powder for feminine hygiene increases the risk of ovarian cancer, and that Johnson & Johnson knew of the risk yet failed to warn consumers. So can you get cancer from using baby powder or talcum powder? And if so, what can you do about it? What You Need to Know Women have been using talcum powder and baby powder as a health and beauty product for over a hundred years. But most people weren’t aware of any health risks until a 1970s study found talc particles embedded in ovarian tumors. A direct link between talcum powder use and ovarian cancer hasn’t been established yet, but the International Agency for Research on Cancer classifies the genital use of talc-based body powder as “possibly carcinogenic to humans.” But Johnson & Johnson may have known their baby powder products were unsafe as early as the ‘90s. One lawsuit claims the Cancer Prevention Coalition notified Johnson & Johnson’s CEO about studies showing that female talcum powder use in the genital area posed “a serious risk of ovarian cancer” in 1994. And the AP disclosed a 1997 internal memo from a Johnson & Johnson medical consultant saying “anybody who denies” the risk of using hygienic talc and ovarian cancer is “denying the obvious in the face of all evidence to the contrary.” What to Do If You’ve Been Injured Companies like Johnson & Johnson can be held liable for making dangerous products or failing to warn customers regarding known risks of their products. Product liability laws are designed to protect consumers, based on the premise that companies generally have a duty to design safe consumer products and adequately warn consumers about potentially unsafe products. There are currently over 1,400 talcum powder ovarian cancer lawsuits filed against Johnson & Johnson. If you have used baby powder or talcum powder for feminine hygiene and have been diagnosed with cancer, there are legal options. While a cancer diagnosis can be terrifying, a product liability attorney with experience handling talcum powder lawsuits can protect your rights and may help to secure compensation for your medical bills. Where to Find Legal Help The sooner you contact an attorney the better. Many injury claims have statutes of limitation, meaning if you wait too long to file a claim, you may lose your chance to sue. Most experienced personal injury attorneys are willing and happy to talk to you about your case for free, and may represent you on a contingency fee basis. Related Resources: Injured by a talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury) Does Baby Powder Cause Cancer? (FindLaw’s Learn About the Law) Talcum Powder May Increase Ovarian Cancer Risk in African American Women (FindLaw’s Injured) Defective Products and Products Liability (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/can-using-talcum-and-ba... via Blogger hobbsr04.blogspot.com/2016/06/can-using-talcum-and-baby-p...

via Flickr http://www.flickr.com/photos/87814799@N02/27517785140

Can Using Talcum and Baby Powder Really Cause Cancer?

You may have seen the recent headlines about Johnson & Johnson being sued over claims that its baby powder and talcum-based products cause cancer, even getting hit with a $72 million judgment in one case. These lawsuits claim that the use of talcum powder for feminine hygiene increases the risk of ovarian cancer, and that Johnson & Johnson knew of the risk yet failed to warn consumers.

So can you get cancer from using baby powder or talcum powder? And if so, what can you do about it?

What You Need to Know

Women have been using talcum powder and baby powder as a health and beauty product for over a hundred years. But most people weren't aware of any health risks until a 1970s study found talc particles embedded in ovarian tumors. A direct link between talcum powder use and ovarian cancer hasn't been established yet, but the International Agency for Research on Cancer classifies the genital use of talc-based body powder as "possibly carcinogenic to humans."

But Johnson & Johnson may have known their baby powder products were unsafe as early as the '90s. One lawsuit claims the Cancer Prevention Coalition notified Johnson & Johnson's CEO about studies showing that female talcum powder use in the genital area posed "a serious risk of ovarian cancer" in 1994. And the AP disclosed a 1997 internal memo from a Johnson & Johnson medical consultant saying "anybody who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary."

What to Do If You've Been Injured

Companies like Johnson & Johnson can be held liable for making dangerous products or failing to warn customers regarding known risks of their products. Product liability laws are designed to protect consumers, based on the premise that companies generally have a duty to design safe consumer products and adequately warn consumers about potentially unsafe products.

There are currently over 1,400 talcum powder ovarian cancer lawsuits filed against Johnson & Johnson. If you have used baby powder or talcum powder for feminine hygiene and have been diagnosed with cancer, there are legal options. While a cancer diagnosis can be terrifying, a product liability attorney with experience handling talcum powder lawsuits can protect your rights and may help to secure compensation for your medical bills.

Where to Find Legal Help

The sooner you contact an attorney the better. Many injury claims have statutes of limitation, meaning if you wait too long to file a claim, you may lose your chance to sue. Most experienced personal injury attorneys are willing and happy to talk to you about your case for free, and may represent you on a contingency fee basis.

Related Resources:

• Injured by a talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Does Baby Powder Cause Cancer? (FindLaw's Learn About the Law)
• Talcum Powder May Increase Ovarian Cancer Risk in African American Women (FindLaw's Injured)
• Defective Products and Products Liability (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/06/can-using-talcum-and-baby-powder-really-cause-cancer.html