Nursing Home Pre-Dispute Arbitration Agreements
When it comes to admitting yourself or a loved one into a nursing home, it’s never easy. The last thing that you are worried about is which documents you should or should not sign.
One thing that will often be given to you during the admission process is a “Pre-Dispute Arbitration Agreement.” This is an agreement that takes away your right to hold the nursing home accountable in court for any wrongdoing or negligence.
First off, it’s important to know that “disputes,” meaning “events in which one is harmed,” are not bound to happen in nursing homes. But if they do –– you deserve the right to defend yourself and your loved ones.
Disputes may include:
- Having money or belongings stolen.
- Developing bed sores or bruises.
- Injuries resulting from falls, including broken bones or fractures.
- Being given the wrong dosage of medication or missed medication.
- Any other form of neglect.
- Being sexually harassed and/or assaulted by a staff member or resident/visitor. Please remember: the definitions of sexual harassment and assault are broad and can include any type of inappropriate speech, touching, or behavior.
- Being physically or mentally abused by staff or other residents. This includes teasing, name calling, and bullying.
When completing the intake paperwork, this agreement is often easy to miss, so it is important that you look through the contract carefully. Regardless of what the staff is telling you, we cannot stress enough:
- You do not have to sign this agreement.
- If you have already signed this agreement, you have 30 days to rescind.
- It is illegal for a nursing home to deny you discharge or admission if you choose not to sign it.
If you have already signed this contract and have concerns, please contact our office.
We have been representing clients who have been injured or neglected in nursing homes since 1976 and we would be honored to represent you or your loved one.
Davis and Davis
“ A Team Of Professionals Working For You!”
No Fault Divorce
When we opened our offices 45 years ago in 1976 the only way to obtain a divorce in Pennsylvania was to prove that you were entitled to a divorce. The law then stated that one seeking a divorce had to be free from any fault and that their spouse had to have committed a crime and been sentenced to prison, or committed adultery or various other serious violations of moral and ethical standards. There, existed then a catch-all: your spouse had to be guilty of “general indignities”, that is, he or she, had caused you, by their conduct, to believe that the love and affection had gone out of the marriage and had been replaced by “ hate and estrangement”. These indignities had to be testified to before a court appointed Master, who had to write a report. If your spouse didn’t want a divorce, it was very difficult to get one!
The law changed in 1980 and since that time people have the right to obtain a divorce without having to prove that they are free from fault or that there spouse is guilty of fault. Since 1980 you can obtain a divorce on “no fault” grounds which means that a married person must allege that the marriage is broken. The divorce is easier and faster if both parties agree, but even if no agreement is reached and it takes a little longer, a divorce will be granted. If you have come to the conclusion that your marriage is broken, we can help you move on with your life. Call for an appointment.
Davis and Davis, a team of professionals, working for you! Since 1976.
Firearms Training and Education: Is it Needed?
Getting a drivers license can be one of the happiest times in someone life. Finally you are free! But, it isn’t an easy process.
For some who struggle with anxiety and learning disabilities, getting your divers license can be one of the most difficult tasks–and for good reason.
Each time you get behind the wheel you are putting your life and others lives in danger.
For Pennsylvania, drivers license steps are as followed:
- Step 1. Pass an approved Pennsylvania Drivers Education Program.
- Step 2. Get your Pennsylvania learners permit.
- Step 3. Be in procession of your learners permit for a minimum of 6 months.
- Step 4. Apply for a Pennsylvania Juniors License.
- Step 5. Pass an approved Pennsylvania drivers ed program.
Wow that’s a lot! I’m getting anxiety as I write this.
For many people maintaining a license to carry a concealed weapon is a happy time as well!
The steps however, are not that difficult— and unfortunately there isn’t any training necessary.
In order to maintain a License to carry a firearm in Pennsylvania, you must be:
- 21 years of age.
- a resident of PA.
- have no criminal record.
What are your thoughts on weapon training?
We’d love to hear your feedback: would training reduce accidents and gun violence?
Experience Counts
You and your spouse have come to the place where all you can agree on is that the marriage is over. No need to lay blame, and you both tried, but now is the time to move on. You want to get this over with as soon as possible and you do not know where to start or who to turn to. So many questions: What about the children? Child support? How about the house? The pensions and 401K’s? The cars and insurance? Money in the bank? And the debts?
We here at Davis and Davis have been preparing for your case by reading and studying the law and representing people faced with the problems you are now facing since 1976. We will listen carefully to your concerns and advise you of what needs to be done and more importantly we will get the work done and be with you from the beginning to the end.
Divorce is not easy. It is difficult on all involved. When you need answers and action remember this: EXPERIENCE COUNTS. Seek legal advice and representation from lawyers who have been there and done that for 45 years and counting! If the time has come, come to us!
Davis and Davis-A Team of Professionals Representing YOU!
Common Signs of Stress and Anxiety in Our Children
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The stress of a divorce can really take a toll on children and teens; change of appetite, lack of sleep, acting out: these are a few common signs of stress and anxiety in our children.
What can we do to make sure we are handling these problems in an effective and positive way?
Whether to address a change of appetite in our child can be very tricky. With America’s toxic diet culture, obsession with the scale, and “before and after” photos taking over social media—it’s hard to remember that bringing attention to weight or body image can be very damaging.
Registered dietitian Emily Reilly, whose expertise includes disordered eating, says, “Rather than focusing or commenting on the food directly, try asking your child about how he/she is feeling. Because the change in appetite is likely a reflection of how the child is managing his/her emotions, allowing space to talk about feelings addresses the core issue rather than an observed ‘symptom’ of the problem. It also sends a message to the child that his/her emotions are important and that it's okay to talk about them. It's also important to not identify foods as either ‘good’ or ‘bad,’ as this type of food judgement can lead to self-judgement and shame. Remember, whether the child is eating more or less than usual, food is not the main issue.”
What should we do, as parents, if lack of sleep, acting out, and other forms of anxiety are being shown?
“One of the best things a parent can do for their children during a divorce is to keep the lines of communication open,” explains Doria Miller, LCSW. “Checking in regularly and making it clear that they can come to you with whatever they may be feeling is crucial. It’s also important not to fall into the trap of assuming you know how they feel. If you assume that they don’t want to talk, or assume that they’re ok, that won’t leave space for you to continue to see how their feelings change throughout the process. More than anything, they just want to know that they are loved and that they will still be able to have relationships with both of their parents.”
No matter how our children may be displaying or hiding their emotions, communication is a good place to start when it comes to protecting our children’s mental health.
But remember—in order to take care of our kids, we must take care of ourselves.
At Davis and Davis we have been representing clients for domestic issues, including divorce and custody, since 1976, and we are only a phone call away!
For information on professional therapy click here.
Doria Miller, LCSW
Emily Reilly, RD
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Stress on Children During a Divorce
Divorce is very stressful for anyone—add in a pandemic: stress increases immensely.
We tend to overlook signs of stress in children. And often because they are easy to miss.
For years we were taught that children were feeling depressed or anxious during their parent’s separation, because they were confused or sad due to their family no longer living in the same house.
That is very true. However, several medical professionals today explain that conflict between parents is the number one reason that causes anxiety during a divorce or unhappy marriage. In reality, divorce can often be best option for a child’s wellbeing.
What are some signs of anxiety, and how do we make sure we are looking out for them?
- Change of appetite is probably the number one overlooked sign of anxiety in a child. A child eating more than usual, or not eating at all is usually emotional eating. Remember the worst thing any caregiver can do is deprive food or label foods as unhealthy or healthy
- Lack of sleep: children who are restless and anxious at bedtime maybe struggling with stress. Try your best to be very positive before bedtime. Read a story or practice meditation.
- Acting out: When children hit, talk back or act angry to their loved ones, it’s usually because they are in pain. When setting boundaries, make sure their feelings are being validated. There is a fine line between fearing your parent and respecting them.
What are some other ways to help with a child’s anxiety when their parents decide on
separation? We have spoken to some medical professionals that have provided us with detailed ways to help your children’s stress level, which we will list on our next post.
Remember, we are not therapists—but one thing we are entirely sure of: it’s important to speak highly of the other parent. In the past we have found it to be very damaging when a parent is speaking ill of the other––no matter how angry you are at your child’s parent, say only positive things about them.
Now, how to make sure it is not impossible to do that? Hire attorneys who are experienced in divorce and custody. At Davis and Davis we have been helping families since 1976 and we are here to help you.
Should You Buy A New Home Now?
The Pandemic has caused us all chaos and uncertainty. Our first instinct would probably be to stay put and stay the course. Don’t make changes and weather the storm. This thing has got to end sometime! Well for home buyers the time to buy a home may never be better. Interest rates are very low. Home loan assistance by way of grants is available and home prices are steady. The down side is that there are not many homes, especially in a rural county like Fayette, available. When you can work from home and have the beauty of our mountains, parks, bike paths, streams and rivers at your fingertips this place is as attractive as any. The statistics bear this out. Home sales in our area, by any metric are up and there is no slow down in sight.
If you are in the market we can help with all your home buying legal needs. We will prepare a sales agreement and be there with you when it’s time to close the deal. We have been assisting both buyers and sellers of homes and real estate of all sizes and shapes for 45 years and we will be glad to help you. Call us today! And yes the Pandemic will end and better days are around the corner!
Davis and Davis
A team of Professionals Working for You and Your Family!!
It is Important to Write a Will
It has been said that a Will is the most important document that most people will ever write. When you have acquired assets through years of hard work you want a say in who benefits from your labor after you are gone. The only way to insure that your wishes are fulfilled is to write a Will. If you don’t then the state laws where you live will determine who gets your property and conceivably all your work may benefit people who are not in your life, instead of going to people you choose.
A will is not hard to compose and you can do it yourself, but most experts say that in order to avoid mistakes, you should see a lawyer. Your lawyer will also discuss with you other documents that are important, such as a “living will” and a “durable power of attorney”. You will be surprised at how simple and easy it is to accomplish this task and the costs are truly affordable. We at Davis and Davis have been helping people with their legal needs, including preparing Wills and Estate Planning, since 1976 and we would be honored to help you or your loved ones.
Call for an appointment!
Limited Tort & You Didn't Know It
You have been injured in an automobile accident only to learn a few days later that you had selected or are covered by limited-tort insurance. The revelation that you selected limited tort may occur when you visit an attorney who informs you or when you receive a telephone call from an insurance adjuster who has reviewed your declaration page or insurance coverage sheet. In many cases, when one learns that they had selected limited tort, they immediately draw the conclusion that they cannot make a claim against the at-fault driver. Such a conclusion that limited tort prevents a claim against the at-fault driver is, in many cases, incorrect. Unfortunately, many lawyers inexperienced in automobile accident litigation, assume, except in the most serious injury cases, that limited-tort coverage prevents an innocent and injured person from making a claim.
Over the years I have strenuously advised clients, and anyone else who would listen, against the selection of limited-tort automobile insurance, I have found, in many instances, the innocent limited-tort driver can pursue a claim for personal injury against the at-fault driver and ultimately that driver's insurance company. To pursue such a claim requires an experienced automobile accident attorney who can first investigate whether the insurance company has proper
documentation that the client had selected limited tort and in many cases such documentation cannot be produced by the insurance company. If limited-tort documentation is produced by the client's insurance coverage, then a thorough review of the nature of the injuries sustained and the treatment required must be made. This may take time as the extent of the injuries may not become obvious for many months after the initial injuries. Also, doctors experienced in treating traumatic injuries must be consulted so that the proper medical examination and diagnosis can be made.
The rush to judgment that limited tort means a claim cannot be made against the at-fault driver and his or her insurance company is, in many cases, wrong and results in many injured victims never receiving just compensation. Such a rush to judgment is exactly what the insurance company wants and expects.
The take away from all of this is simple. If you have been injured in an accident , speak to an experienced automobile accident attorney and not a secretary or an answering service for a TV law firm. At our office, I speak personally with persons who have selected limited tort, explain the procedure that I believe should be followed , and fully investigate the limited-tort coverage as well as the injuries sustained.
If you have been injured in an accident , and come to learn that you have selected limited tort insurance, don't assume that a claim cannot be pursued against the responsible driver and the driver 's insurance company. Call our law firm and discuss these issues and your concerns with me or one of my partners.
Workers' Compensation and Complication of an Underinsured Motorist Claim
My previous blog addressed, in part, the challenges an injured worker faces when injured as a result of an automobile accident which occurs in the course of his or her employment. The injured worker must navigate Pennsylvania's Workers ' Compensation System while at the same time may be forced to also navigate Pennsylvania's Civil Court System.
The Workers ' Compensation Judicial System is somewhat unique and, although designed to benefit the Worker, does present a number of challenges which differ in many ways from Pennsylvania 's Civil Court System. Any injured worker , particularly one that has sustained a serious injury, would be wise to engage counsel who is experienced in both Workers' Compensation and Automobile Injury Litigation. Typically, if the injured worker resides in Fayette or Greene County, the Workers ' Compensation case would likely be heard in Uniontown , Pennsylvania where a Workers' Compensation Office is maintained. If the worker resides in Washington County, the case would be heard in the office located in Washington. In my estimation, this is quite beneficial to the injured worker as the Workers' Compensation Judges assigned to Fayette, Greene, and Washington Counties are quite experienced and enjoy reputations of being fair, competent, and efficient. As for the Civil claim, the worker could pursue these claims in the county where the accident occurred or the residence of the responsible driver. If the accident occurred or the responsible driver resides in Fayette, Greene , or Washington Counties, then the claim can be pursued in that County's Court. The Civil Court Systems in these three counties are extremely efficient, fair, and just. Unfortunately , the reputation of the legal systems in counties such as Fayette, Greene, and Washington , tend to be a poor representation of reality . The Workers' Compensation System and Civil Litigation Systems in these counties have been poorly portrayed in the Pittsburgh market , and this portrayal is quite unjust, unrealistic , and patently unfair. The injured worker , injured in Fayette, Washington, or Greene Counties , should be confident that he or she, with proper representation , will receive a just and fair result in both the Workers' Compensation Claim and the Automobile Accident Claim.
As we outlined previously , the challenges and conflicts can be daunting , but can be overcome with an attorney experienced in both Workers' Compensation and Motor Vehicle Litigation. One area that tends to add to the complication , is whether the injured worker can pursue an underinsured motorist claim as a result of the injuries and damages sustained. Underinsured Motorist is insurance coverage which provides benefits to a person injured in a motor vehicle accident when the insurance coverage for the responsible driver is insufficient (not enough coverage) to fairly and fully compensate the injured victim. In Pennsylvania, the first level of underinsured motorist coverage would be that provided on the insurance policy issued to the vehicle that the injured worker operated or occupied at the time of the collision . If the vehicle is owned by the injured worker 's employer, it is subject to a claim for reimbursement (subrogation) from the Workers' Compensation Insurance Carrier. This right of subrogation for the Workers' Compensation Insurance Carrier generally does not apply to any underinsurance recovery received from the employee's personal automobile insurance coverage or any other underinsured motorist coverage provided other than that of the employer. Subrogation is nothing more than a requirement that the Workers' Compensation Carrier, which has paid benefits to the injured worker, has a right to receive some reimbursement from the recovery made by the injured worker. First, from the insurance carrier of the responsible operator and, thereafter, from underinsured motorist insurance benefits paid through motor vehicle insurance issued to the injured worker' s employer. As indicated earlier, this generally does not apply to any other underinsured motorist benefits paid to the injured worker. Those underinsured motorist benefits would not be subject to the Workers' Compensation Carrier's right of subrogation, i.e. reimbursement.
The Workers' Compensation Insurance Carrier's right of subrogation can develop into quite a contentious problem when the injured worker has sustained a serious injury, is disabled for an extended period of time, and is forced to undergo extensive medical care. The Workers' Compensation Insurance Carrier will naturally seek to shift the cost to the automobile insurance carrier for the responsible driver and possibly the underinsured motorist carrier. This is one of the reasons the injured worker needs to engage the services of an attorney experienced in both Workers' Compensation and Automobile Accident Litigation.
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