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 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.

California Trucking Accident Causes Wrongful Death

accident lawsuit - broken windshield

Chain Reaction Accident Causes Wrongful Death

A series of trucking accident crashes in Oceanside, California killed one passenger and left another severely injured.

Police say it started when a man driving a white Ford pickup truck hit a vehicle on westbound state Route 78 near Jefferson Street.

The truck then got off the freeway and slammed into a Kia on Vista Way near Moreno Street, killing its female driver.

Her car then smashed into a Toyota Tundra. That driver was not hurt but told police the man driving the Ford was traveling at a high rate of speed.

“Through the light, full speed, never hit the brakes, boom,” he said.

The driver who caused the crash also hit a Chevrolet pickup, which landed in a nearby driveway. The Chevy then hit a truck parked in the driveway and caused some damage to the home.

“Apparently there was some machinery in the back bed of the truck that launched and caused that damage up there,” said Oceanside police Sgt. Ignacio Lopez.

The driver of the Ford hit three mailboxes and a fence before the truck came to rest in a front yard.

Paramedics took him and another driver to the hospital. There is no word on their conditions.

Neighbors say crashes on this street happen frequently. They have contacted city leaders about making improvements but say they still see several bad accidents often.

“We asked for a stop sign, we asked for a traffic light … This is unnecessary. There’s no reason this poor girl should have died today,”

Police have not identified the woman who was killed. There is no word yet if the driver who caused the crash will face any charges. Alcohol is not believed to be a factor.

– from Adam Peck, Senior Truck Accident Attorney at Peck Law Group

Elder Abuse and Neglect: Bed Sores / Decubitus Ulcers / Pressure Ulcers

bed sores

Elder Abuse & Neglect

Decubitus Ulcer / Pressure Ulcer / Bed Sore Cases:

  • Failure to follow policies and procedures:
  • The policies and procedures from an acute care facility often provide a wealth of information. Make the effort and take the time to fully familiarize yourself with the hospital’s policies and procedures regarding patient care, skin care, wound prevention and wound care, lift teams, beds and mattresses and any other policies which may affect the care that was provided to your client.
  • In depositions, we ask each nurse, wound nurse and supervisor about his or her familiarity with the policies and procedures. We diligently search through the medical records carefully to find the violations and check the skin protocol to determine why the skin has broken down and caused the pressure ulcers and bedsores.
  • It is quite likely that the care provided to your client grossly failed to meet the hospital’s own policies and procedures on numerous occasions, and, in fact, the care providers were not even familiar with the policies and procedures.
  • Regularly, nurses fail to request a consultation when it is required; skin assessments are not completed on a regular basis; wounds are not cared for as required by the policies and procedures; and charting is wholly inadequate pursuant to the policies.
  • Had the hospital followed its own policies, the injury most likely would not have occurred.

Failure to follow policies and procedures and failure to insure that the nursing staff is familiar with the policies and procedures constitutes recklessness, in that the individuals involved knew that there was a high probability that this conduct would cause harm and knowingly disregarded this risk

 

Binding Arbitration Nursing Home Abuse Agreements Deprive Consumers of their Right to Jury Trial

Binding Arbitration Agreements

Arbitration Agreements:  Never, never, never I mean never sign them.  Do not release / give up your constitutional right to a jury trial.  Cannot ever be used as a basis to not admit a patient to a long term care facility.

By signing a binding arbitration agreement, you give up your constitutional right to go to court if a dispute arises in the facility, even if it involves abuse or neglect. There is no right to appeal a decision made through binding arbitration. indicates California Nursing Home Abuse lawyer Steven Peck

Nursing homes cannot require you to sign an arbitration agreement and cannot present an arbitration agreement as part of the Standard Admission Agreement. (California Health & Safety Code §1599.81, Title 22 California Code of Regulations §73518). Any arbitration agreement shall be separate from the Standard Admission Agreement and shall contain the following advisory in large, bold type at the top of the agreement:

Residents shall not be required to sign this arbitration agreement as a condition of admission to this facility, and cannot waive the ability to sue for violation of the Resident Bill of Rights.

Residents and their legal representatives can rescind an arbitration agreement by giving written notice to the facility within 30 days of their signature. (California Code of Civil Procedure §1295)