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Evidence was a class I enjoyed in law school. I think a lot of that was because I really liked my professor. Also because the class was in the afternoon, and I am not a morning person. But one of the real reasons that I enjoyed Evidence class was that a lot of what we discussed in the class was familiar to me even before I grappled with the subject matter or read the cases or rules we studied in class. I recognized many of the words and phrases we were studying. As a Law & Order enthusiast for many years before law school, I'd heard Sam Waterston yell "objection!" more times than I could count. I'd heard him accuse the defense of "badgering the witness" and I'd heard him question the relevance of testimony. But more than anything, I heard about "hearsay." Now that I am a practicing attorney, I realize that many clients must have also heard about hearsay just as much as I had. Particularly when preparing for a deposition, or answering written discovery requests, clients will often worry about their ability answer a particular question, because the only information they have was learned from another person, or was hearsay. This is a very valid question for a client to have, and I am always glad that people ask. The good news for clients is that you don't have to worry too much about whether something is hearsay or not. We, as lawyers, get to worry about that for you! Nonetheless, it can often help ease the uncertainty that comes with answering discovery or having your deposition taken to have a little better understanding of what hearsay means and the role it plays in a lawsuit. Hearsay is an out of court statement offered into evidence to prove the truth of the matter asserted. What does this mean? Well, most importantly, it means that the lawsuit is at the trial stage. Hearsay is one of the many topics addressed in the Rules of Evidence. Rules of Evidence do not apply to the discovery stage of a lawsuit, including written interrogatories, requests for production of documents, and depositions. One of the most important differences between the Rules of Civil Procedure and the Rules of Evidence is that the Rules of Civil Procedure that govern discovery proceedings allow for a much broader scope of topics and information to be discussed. Just because something is discussed during discovery part of a lawsuit does not mean it will be able to be introduced as evidence at the trial of that lawsuit. Hearsay is a great example of that. If you are involved in a lawsuit, questions you may be asked in written discovery, or during a deposition, may be about what another person told you. You will likely be asked things like "what did your mother tell you when she got back from the doctor?" or "what did the driver say when he got out of the car?" If you are thinking that these statements are hearsay, you are not far off. They are statements, made outside of court, and such a statement may not be able to be discussed at trial, on the grounds that it is hearsay. But during a deposition or when responding to an interrogatory, these are acceptable questions, and you can answer them without worrying that you have violated a rule. You may wish to clarify that your knowledge is second-hand, or that you only learned certain information from another person, but you won't have to worry about Sam Waterston jumping up and yelling "objection, hearsay!" at you. If the lawsuit does reach the trial stage, hearsay will become a factor, which will guide what evidence, including deposition testimony or written discovery responses, will be admitted into the trial for the jury to consider in deciding the case. At this point, the lawyers representing the parties in the cases may seek to have certain evidence excluded or admitted, and may use the hearsay rule and its many exceptions to make these arguments about the admissibility of the evidence. Ultimately, the judge will decide whether the evidence is hearsay or not, and whether it will be permitted in the trial. Hiring attorneys who are experienced in every stage of a lawsuit, including discovery proceedings and representing clients at trials, is one of the most important decisions you can make about your case. Experienced trial attorneys, like the attorneys at Bordas & Bordas, can explain the rules governing your case, and answer questions that you may have about the proceedings and your role in the process. If you believe that you have a potential case, contact our office to speak to one of our attorneys for a consultation. We can help you determine whether your situation is actionable, and answer questions you may have about the process of pursuing a lawsuit.

Overtime laws in West Virginia are designed to prevent workers (particularly those in blue-collar industries) from being exploited by their employers. West Virginia, like most states, has closely based its overtime laws on the Fair Labor Standards Act (FLSA), which is administered by the U.S. Department of Labor. The FLSA qualifies certain types of workers for overtime pay for all hours worked over 40 in a single week. If your work involves manual labor (such as factory worker, trade worker, attendant, cashier, etc.) you are typically entitled to overtime pay. Certain categories of workers are offered specific protection under the FLSA, including first-responders, such as police, paramedics, and firefighters, along with practical nurses and paralegals, who have historically been exploited and endured long hours of work. Still out of an estimated 120 million workers in America, almost 50 million are exempt from overtime laws. Most executives, administrators, and other professionals do not have to be paid overtime under both federal and West Virginia law. External salespeople and certain types of workers such as: computer-related workers, seasonal workers, transportation workers, agricultural and farm workers, and live-in employees, such as housekeepers, are also exempted from WV overtime requirements. Independent contractors, who are not considered employees, are also exempt from paying overtime. A series of tests are employed to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. Those who qualify must be paid one-and-a-half times their regular hourly rate ("time-and-a-half") for every hour over 40 per workweek (7 fixed days) they work. Generally, there is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends or holidays, unless overtime hours occur on such days. If your employer has failed to pay you the proper overtime wages that you deserve, you may be eligible to receive back wages and other compensation. Furthermore, existing regulations prohibit employers from penalizing workers who file an overtime complaint. Some companies will go to great lengths to avoid paying their employees the overtime pay that they deserve. Companies will often resort to classifying employees as independent contractors or improperly categorizing them as executives in order to avoid overtime. If you find yourself in this situation or need help determining whether you have a right to overtime, please give us a call.

In my early years, my older sister, Linda, and I were Air Force brats. Before our father retired after 22 years in the Air Force, we lived in places like Japan, Okinawa and Marquette, Michigan, to name a few. Living the military life, you rely on family more than usual. My sister, though four-and-a-half years older, was my constant companion. She always had the best ideas for adventure, like the best places to hike, how to make a "spook house" in the basement (this involves a big imagination - peeled grapes were eyeballs, cooked spaghetti was brains, you get the picture), how to make Barbie evening gowns out of Grandpa's old neckties, and how to go out in the woods to chop down a Christmas tree for our grandparents, only to realize we forgot to take something to cut with. Have you ever twisted a large pine branch round and round until you could peal it off the tree? Yes, it was the "Charlie Brown" Christmas tree, but I always looked up to my big sister and relied on her leadership. Today we live hours apart and our visits are few, but I still call for her advice. As we grow, our moments of decision change and mature, but our need for a little advice and extra guidance never seems to go away. We all live with a sea of ever increasing opinions, but we always go back to those friends, colleagues and big brothers and sisters we trust most, knowing that we'll receive honest feedback and advice. Here at Bordas & Bordas, I am pleased to say that I am Jason Causey's assistant. He is one of the smartest people I've ever met. Not only did he graduate in the top five of his class from the West Virginia University College of Law, but he also has a master of professional accountancy degree from Clemson University. He primarily handles predatory lending and consumer rights litigation. As you can imagine, every day he talks to numerous people about issues with their mortgages and other financial matters. He is pretty much a rock star when it comes to understanding the small print in a contract. He has spoken at conferences across the country regarding lending practices and is well respected among his peers. He's made giving honest feedback and advice his career, and quite a fine one at that! But not only is he brilliant, he's genuinely kind. He wants to help people get back on track. He's definitely someone to turn to for solid financial advice.

What basic information should I be prepared to give when I call an attorney's office? Many people never consider that they may need to speak to an attorney. Certainly, many people hope that they never do. As a result, those who call an attorney's office to discuss a potential case are often unsure what to expect during the telephone call. You may wonder, why is the attorney asking me these questions? What could this possibly have to do with my potential case? Here are some of the common, basic questions an attorney will ask during a conversation about a potential case, and the reasons that this information is important for the attorney to have. Names of People Involved The attorney will need to know your full name, and the names of those involved in the potential case. It is important for the attorneys to be able to identify you to make sure that they are able to represent you without any conflicts. Sometimes an attorney or law firm may have to decline a case not because it is a bad case, but because the attorney or law firm has some other connection to the other individuals involved in the situation, which may pose ethical problems with accepting the new case. In order for the attorneys to effectively rule out potential conflicts, it is important for them to be able to identify the person with whom they are speaking, and anyone else who is involved. In many situations, you may not know the full names of others involved, and that is OK. Just give as much information about each potential party as you have. Locations You will be asked where you live, where others involved in your potential case live, and where the event or incident, which forms the basis of your case, occurred. For example, if you live in Moundsville, West Virginia, but are calling because of a car accident that occurred in Washington, Pennsylvania, or if you live in Cambridge, Ohio, but are calling because of medical care you received in a hospital in South Carolina, both of those locations are something the attorney will need to know to fully evaluate your case. The residences of all parties involved in a case, as well as the location of any major incidents, are all factors that are used to determine what courts the case may be filed in, as well as whether the case may be subject to removal to a federal court, or transferred to a court in another city or state. Dates This is one of the most important questions an attorney will ask when evaluating your potential case. Legal causes of action are subject to statutes of limitations, which means there is a limited period of time in which you can file a lawsuit after an event or injury. These time periods will vary depending on the type of case, and the state in which the incident or event occurred. You should always contact an attorney as soon as possible if you think you have a case, and you should be prepared to provide as much information as possible about the dates of the important events in the case. For cases such as a car wreck, it is usually pretty easy to provide the dates. For cases involving medical care and treatment, you may need to provide an entire timeline. You may not know the exact dates of every important event, but the more information you are able to provide during your conversation with the attorney, the better. Who Have You Spoken To You will likely be asked if you have spoken to various people about your potential case. Depending upon the type of case you are inquiring about, this could include other attorneys, the police, representatives from insurance companies or government agencies, doctors, the potential defendants in the case, or anyone else who may have been involved or been a witness. If you are asked whether you have spoken to another attorney, it is important to be truthful about this. The attorney asking will not be upset that you did not call his office first, but needs to know whether you are already represented in the matter, or whether another attorney referred the case. These are just some of the most basic questions you should be prepared to answer when contacting an attorney about your potential case. An attorney will also go through the details of the situation with you, and ask questions to help sort through the facts and circumstances to determine what legal options may be available. If you think that you or a family member may have a potential case, the lawyers at Bordas & Bordas are here to discuss your situation and help you to determine your legal rights and options.

In 1990, the U.S. Congress established the first full week of October as Mental Illness Awareness Week. Coinciding with awareness week is the National Day of Prayer for Mental Illness Recovery and Understanding (October 7, 2014). These mental health awareness efforts are not possible without organizations such as The National Alliance on Mental Illness (NAMI). In the spirit of mental health awareness week, consider visiting NAMI's website, which posts some startling estimated statistics below: - 1 in 4 adults experience mental illness in a given year. - 1 in 17 adults live with a serious mental illness. - 20% of youth ages 13 to 18 experience severe mental disorders in a given year. - 9.2 million adults have co-occurring mental health and addiction disorders. - 26% of homeless adults staying in shelters live with serious mental illness. - 20% of state prisoners have "a recent history" of a mental health condition. - 70% of youth in juvenile justice systems have at least one mental health condition and at least 20% live with a severe mental illness. The World Health Organization has determined that mental disorders are among the leading causes of ill-health and disability worldwide. What does this mean in our country? - Serious mental illness costs Americans $193.2 billion in lost earnings per year. - Serious mental illness increases the risk of having chronic medical conditions. - Adults living with serious mental illness die on average 25 years earlier than others, largely due to treatable medical conditions. - Suicide is the tenth leading cause of death in the U.S. (more common than homicide) and the third leading cause of death for ages 15 to 24 years. - More than 90% of those who die by suicide had one or more mental disorders. - Although military members comprise less than 1% of the U.S. population, veterans represent 20% of suicides nationally. Each day, about 22 veterans die from suicide. Educating yourself about your loved one's illness is really the foundation of support. Research also has shown that education works. Experts say if you provide families with education and involve them in the therapeutic process that patients experience a reduction in symptoms, hospitalization days and relapse. NAMI and other similarly situated organizations are available for those seeking additional information and/or want to help. Thank you.

At the end of July, I sat for the Ohio bar exam. This was my second bar exam, having taken West Virginia the summer before, so I had some idea of what to expect, but was still nervous. I experienced the same worries I had the previous summer. What if I didn't study enough? What if I didn't study this particular subject enough? What if I forget my photo identification? What if my alarm doesn't go off in the morning? What if I get sick during the test? What IS a commercial transaction? Will I ever know?? One thing I did not think to worry about, however, was what if the testing software fails to work? There are two options for taking the bar exam. One is to write your essay answers longhand, in a lined-paper booklet provided to you by the proctors. With this option, you are limited by a number of pages for your responses. Most essays questions do not permit the examinee to use more than two handwritten pages. Additionally, the examinee is required to use pen. This makes it difficult to edit the response, particularly considering the strict time constraints for each question. As a result of these added difficulties, and considering that most law students today have been educated largely through typing and computers, handwriting is the less favored method for bar examinees. The other option, and the one utilized by the vast majority of bar exam takers, is to download computer software and type written responses into the program. The program is specially designed for exams such as the bar. Once opened on the examinee's computer, the software will shut off access to all other programs, to prevent applicants from cheating by using the Internet or their electronic notes and outlines while answering the exam questions. The software also keeps time on the question, preventing applicants from using extra minutes, or even seconds, to get one last word into their responses. Most importantly, the software saves what is being typed once every minute, automatically, so the examinee can use full focus on their responses. At the end of the day, the software will automatically upload the responses to a server once the computer is connected to wireless Internet, and the server will submit the responses directly to those responsible for grading the exams. Examinees cannot review or access their responses again, so there is no risk of cheating through hindsight editing. All in all, it is a pretty easy and convenient system. It is so easy and convenient, in fact, that most examinees don't give a second thought to it. After all, there is enough to worry about with remembering the elements of negligence or determining who is the rightful owner of a piece of property. After finishing up the first day of the Ohio testing, I returned to my hotel room to relax for a bit. Before doing anything else, I wanted to make sure I uploaded my exam responses. The exam proctor had been extremely clear at the end of the exam that if we failed to make the upload by the 10:00 p.m. deadline, there was NOTHING that could be done to remedy that error. I opened my laptop, expecting to see the green upload screen confirming that my essays were safe and sound in the inboxes of some lucky grader. This time, however, all I saw were sad little scrolling wheels, trying to upload the essays. My inbox filled with emails titled "EXAM UPLOAD FAILURE." I was alarmed, but chalked this up to the wireless being weak in my room, and went down to the hotel lobby to get a better signal. When I arrived down in the lobby, I encountered about 50 of my fellow test-takers who were staying in the same hotel as me. Everyone was having the same problem. None of the exams would upload. Even worse, no one could figure out why, or what to do. People were venturing out to nearby coffee shops with laptops in tow, figuring the wireless at the hotel was just overloaded with users, only to return an hour or two later, defeated. Others were calling the Ohio Supreme Court, the bar admissions office, and the software company, looking for answers, only to get the after-hours messages. Law students, as a general group, are not exactly known for being the most relaxed of people, and the bar exam is an event that can send even the most laidback into orbit. This problem with the software was not helping. People were getting angry at their friends, the hotel employees, and anyone in their path. People were emotional, worried that this software SNAFU would affect their bar passage, their employment, their futures. Some people joked that they were rethinking their judgment of those who had taken the test by hand, saying that it seemed like a pretty good option now. People on Twitter and Facebook were calling it "Barmageddon." Eventually, I realized that this situation was beyond my control, and that it was more important to refocus on the next day of testing and to get a good night's sleep. The uncertainty of the situation, and what would happen with the exam responses, was still a little troubling, but I decided to just hope for the best. Sure enough, when I woke up the next morning and opened my laptop, the green screen popped up to congratulate me on a successful upload of all of my exams. At the start of that day of testing, the exam proctor apologized for the problems, and reassured us that we would never be penalized for something beyond our control, such as a software failure. The rest of the exam went on without incident. And while this situation may have made an already stressful experience all the more stressful, it was a good reminder that worrying and reacting negatively to a situation beyond your control usually won't help anything, and that things tend to work out if you have a little faith that they will. I could easily add worrying about computer failure to my list of concerns for the next bar exam I will take, but I think I will just stick to the ones that I have the ability to control. Like finally figuring out what a commercial transaction is.

The Intelligencer recently reported on a poll finding that many Americans do not know how to tell if their doctor will provide high-quality care. Unfortunately, the article does not provide many solutions to help its readers discover the information that they need when it comes to making an informed decision on selecting a health care provider. Obviously, choosing the right doctor is very important. Some studies estimate that between 210,000 and 440,000 patients die each year from preventable harm in our health care institutions. Unlike nursing homes, where safety data is relatively more accessible, it can be difficult to determine whether or not your doctor is the type of physician who is likely to provide high-quality care. Having represented the victims of medical malpractice and having gained some experience in finding and retaining expert witnesses in such cases, I can tell you some of the things that I look for when trying to determine whether or not I am dealing with a physician who puts his or her patient's safety at the forefront. Perhaps asking some of these questions in advance of treatment could help patients make an informed decision about which doctor to choose. One of the things that I look for is a list of hospitals where the physician is credentialed to practice medicine. All hospitals have a legal and ethical obligation to make sure that the physicians who practice at that facility are not putting their patients in danger. This process, called the credentialing process, has its own flaws, but it can be a useful starting point. It may be worth asking whether your doctor has privileges at any healthcare facilities. If a reputable hospital has granted privileges to your doctor in his or her area of expertise, you may at least assume that the hospital has satisfied itself concerning the basic competency of the physician. Board certification is another important factor. For most medical specialists, there is a specific test that the physician can take in order to demonstrate competency. If the physician passes the exam, they are able to hold themselves out as being Board Certified. It may be worth asking your physician if he or she is board certified and to discover which organization provided the certification. Most medical specialties have a web site that will allow members of the public to verify certification status. Both the West Virginia and Ohio Boards of Medicine also have web sites that will allow a member of the public to obtain licensure data on a physician. In some circumstances, there may even be information on those sites regarding whether or not the physician in question has ever been subject to any sort of formal discipline. Of course, I would encourage people to trust their own instincts and ask questions. Certainly, it is every doctor's obligation to provide safe and competent medical care and it is the obligation of every hospital to make sure that only competent and qualified physicians practice at the facility. However, as in many walks of life, information is power and none of us should hesitate to ask tough questions of a prospective doctor. Doctors who are confident in their abilities will understand and welcome a few important questions.

The Ohio Valley was left dumbfounded last week by reports that Dr. Roland Chalifoux was using contaminated medical supplies (i.e. "dirty needles") on his patients in his pain management practice. Deeply concerned patients and family members, as well as the Board of Medicine, immediately demanded an investigation. This week on the show, Chris Regan and Jamie Bordas discuss the issues related to the allegations against Dr. Chalifoux, the damages that might be recoverable, and some of the institutional deficiencies that exist in our medical system that allow some doctors move from state to state when misconduct causes them to lose their license in one place. Anyone affected by Dr. Chalifoux, or otherwise, will find this a fascinating and informative episode. You can view the Bordas & Bordas Legal Review locally on Comcast Channel 14 or also online, both streaming and in the archive. The current episode is embedded within this post. Click here to view the program on vimeo, or watch the embedded version if your browser supports it. Click this link to see the WLUTV schedule so you can view a live-stream of WLUTV and check this page for a schedule of when the program airs.

This spring, I was fortunate enough to be hired as the Communications and Philanthropy summer intern at Bordas & Bordas. Each week is a new adventure, and I can honestly say that I have been so busy with a variety of different tasks that it seems impossible to become bored. My first few weeks here were a bit overwhelming, especially after meeting the large, but very friendly staff. I learned so many different names that I almost felt the need to make flash cards to study so I would know who everyone was. Since I didn't really get the chance to chat and get to know many of my co-workers, I think it would be appropriate if I let everyone know a little about my past. I am a Shadyside High School 2011 Alum, and will be heading into my senior year at West Liberty University in August. I am a public relations major and marketing minor, which has opened up many doors of opportunity for me. Although I have worked hard to get where I am thus far, I have to give some credit to the little jobs that have taught me to have a strong work ethic from the beginning. I have had some of the most boring jobs and some of the most exciting jobs in my short 21 years of life. For starters, I have been working at my aunt's Dairy Queen in Shadyside, Ohio for the past eight years. Being the owner's niece, it is only fitting that I refer to this job as the "family prison." This was my first and favorite job for many reasons, one being that I got to work with some of my best friends and another being that I was in my tight-knit community where nobody is a stranger. The job also had some downfalls. For example, when leaving I smelled like fried food and always found a trace of ice cream on my arms, face, or hair; who can go on a date after work like that? Since I've started my internship I will occasionally pick up some weekend shifts, and of course bring some frozen treats to the firm. My least favorite job was when I worked in retail at American Eagle Outfitters. I worked for about seven months and as soon as the holiday season ended, I put in my two weeks. After leaving I realized that working there had its benefits like good music, wonderful co-workers, and wearing nice clothes. The only thing that drove me crazy was that I had to constantly push the sales promotion on anyone and everyone who walked through the door. Whether you admit it or not, everybody finds the sales associates annoying, and I hated being the person that everyone tried to avoid when shopping. Although the job was not my favorite, I did learn some valuable life lessons during my time there, and I got some cute clothes too! The best thing about working at Bordas & Bordas is that it is different from ice cream and clothing; it's a job that is giving me real world experiences to better prepare myself for a future career, while still allowing me to be involved in the community. Something that I have learned the most about during my past two months here is how involved Bordas & Bordas is in the Ohio Valley. I have always been aware of advertisements at the different events that occur in the area, but now that I am behind the scenes and getting a hands-on experience of what it takes to make it all happen I am appreciative, as well as excited to be a part of this team that gives back to its community. I got to partake in summer's biggest party, also known as Jamboree in the Hills. For those of you who didn't know, we had our JITH Ultimate Backstage Experience contest on our Facebook page. After two months, a computer program randomly selected three winners who were treated like Jamboree royalty for the weekend. I will forever refer to this weekend as the "Ultimate Internship Experience." I have given it that title because this event was the icing on top of the cake to my internship. I got to be involved with a lot of the Jamboree process and met a lot of cool people along the way. I also learned a lot about the importance of marketing and advertising. From passing out 15,000 keychains with my boss and co-workers to throwing our 4-foot Bordas & Bordas beach balls off of the JITH stage, I made memories that I will never forget. I have to be honest that it has been a challenge adjusting to the real world and the amount of work and responsibilities that I have been given has been a little overwhelming, but I truly enjoy staying busy and taking on new projects. I know that this internship is all a part of getting real world experience and I really enjoy learning from my mistakes. At the end of each day, I remind myself that constructive criticism is only bettering me for the future. So far, this internship has made me realize that I have chosen the right career path and I am so thankful and excited for this opportunity that may open new doors for me. I cannot think of a better way to spend my last summer of my undergraduate education.

We still do not have all of the details surrounding what happened to the Malaysian Airline's flight that was shot down over the Ukraine border last week. It seems clear enough, however, that the plane was brought down by a military-grade surface-to-air missile and that the plane, carrying hundreds of innocent civilians, was hit while cruising at over 30,000 feet. I served in the United States Army as a Field Artillery Officer and it was part of my job to direct fire, including rocket and missile fire if need be. Regardless of the circumstances, I had an obligation to do what I could to verify the identity of any target I meant to destroy. Assuming what happened over Ukraine last week wasn't a deliberate act of terrorism, and at the very least, whichever entity fired the missile failed to verify that they were shooting at a legitimate combat aircraft instead of a civilian airliner. Due to the previous statement, fault for this catastrophe lies exclusively at the feet of whomever fired the missile and any command and control system that authorized the shot. Despite the clear nature of the responsibility for these murders, I still hear people trying to blame anybody and everybody for what happened. It was the fault of the pilot for flying too close to the Ukraine. It was the fault of the airlines for approving the flight plan. It was the fault of the President, or the European Union, or anybody else besides the criminals who actually shot the plane down. Why is this so? Psychologists call it defensive attribution. We don't like to think that one day we could be on a routine airplane flight when it is shot down from the sky by criminals so we come up with a list of reasons why it wouldn't happen to us. We tend to think things like, "I would pick a better airline," or "This would never happen to me." It is scary to think that terrible things could happen to us that are simply beyond our control, so we look to shift blame around so we feel better about ourselves. We see it all the time in other walks of life. Someone is assaulted and we think, "This wouldn't happen to me because I would never walk down that street at night." Somebody is victimized by the gross incompetence of a nursing home and some people say, "I would be more careful with my family member," or "I would never send my mom to a nursing home in the first place." A person is taken advantage of by an insurance company or a stockbroker and citizens make a statement like, "I wouldn't have let them take advantage of me like that." People who say these things don't want to place responsibility where it truly lies, because then they would have to face the possibility that it could be them the next time. It could be their family member hurt by the incompetence of the nursing home. It could be their money stolen by a predatory bank or incompetent stockbroker. The only way to make the world a safer place for all of us is to be honest about where fault lies and do what we can to make sure justice is served. It might feel better to blame the victims, but when we do so, we all too often fail to deliver justice.

For those of you that received an AARP bulletin/newspaper, you will note in the July-August 2014 edition that there was a special report on antipsychotics in nursing homes. This article, written by Jan Goodwin, discusses a case involving Patricia Thomas, who went to a California nursing home with a broken pelvis. The only prescriptions that she had used were for blood pressure and cholesterol, and she had an inhaler for a pulmonary disease. By the time she was discharged 18 days later, her daughter claims she wasn't her mother anymore. She was withdrawn, slumped in a wheelchair, head down, chewing on her hand, and her speech was garbled. Within a week, she was dead. She ultimately filed suit against the nursing home, and a representative for AARP learned of the suit and wrote the special report. AARP quoted Charlene Harington, a professor of nursing and sociology at the University of California San Francisco, who stated that as many as 1 in 5 patients in the nation's 15,500 nursing homes are given antipsychotic drugs that are not only unnecessary, but also extremely dangerous for older patients. She continued to say that the problem stems from inadequate training and chronic understaffing, as well as an aggressive push by pharmaceutical companies to market their products. This is a problem with nursing homes, as the law firm of Bordas & Bordas has seen in the numerous nursing home cases we've handled, including Meredith v. Heartland, which resulted in a $50 million verdict in Clarksburg, West Virginia. The Meredith case was one of the largest verdicts in the country the year it was tried. Through our investigation of Meredith and other cases, we have found that nursing homes are grossly understaffed. The homes are run mostly by certified nursing assistants who basically have little or no training; the only requirement in some cases is either a high school diploma or its equivalency. The CNA's are usually grossly underpaid and the nursing homes are understaffed, even at the level of certified nursing assistants. For the most part, nursing homes put profit over people, thus ultimately causing injuries to the people that we entrust to them. The AARP report, while focusing on the misuse of antipsychotic drugs, which often times are used as chemical restraints simply to make life easier on the nursing home employees, goes on to discuss how families are being kept in the dark, and touches upon the justice department's efforts to try to prevent the type of misconduct that has been found in the nursing home industry. The poor care of our loved ones in nursing homes has become so prevalent that this past March, the United States Inspector General of Health and Human Services stated that 1/3 of Medicare patients in nursing homes suffered harm, much of which was preventable. The AARP article further states, "The government, taxpayers, nursing home residents, as well as their families and caregivers should be outraged and seek solutions to the problems that exist in the nursing homes." AARP discusses, as I did above, that most of the patient care in nursing homes falls to certified nurses' assistants, whom they indicate need as little as 75 hours of on-the-job training to get certified. To show the disparity in the rules and regulations for different types of people dealing with the bodily needs of human beings, AARP reports that if you want a license to be a hairdresser you need 1,500 hours of training. Like AARP, I have found that the nursing home facilities appear to be highly medicalized, but doctors are rarely there. Bordas & Bordas, through their investigative work, has found that if doctors are at the nursing home at all, they are there only once a month. The doctors are sometimes telephoned to write orders to admit people to hospitals, but the doctors themselves very seldom see and treat the nursing home residents. Another interesting topic concerning the nursing home business is that most states require a certain minimum number of nursing hours be spent on a patient per day. Unfortunately, these nursing hours can be from the certified nursing assistants who have very little or no other medical training, certainly not licensed practical nurses, registered nurses, physician's assistants or doctors. As is often the case, and mentioned above, particularly with for-profit nursing home businesses, the businesses put profits over people. One of the most common ways that profits can be increased in these businesses is by reducing the number of employees on the payroll, particularly LPNs and RNs who require much bigger hourly pay rates than the minimum wage being paid to certified nursing assistants. The long and short of all of this is that when you are about to put a loved one in a nursing home for either rehabilitation or much longer care, do your homework both on the internet and by personal visitations to the facility. Call lawyers in your area to find out what their knowledge may be of a particular nursing home. Also, when visiting a nursing home, take notice as to your own senses. For instance, is there a foul odor coming from the nursing home from the moment you open the door? Are there call lights on throughout the hallway? Are there people in the hallways and common areas in wheelchairs slumped over? Does there appear to be very few staff around? When you see the staff that are there, are they talking among themselves and does the conversation appear to be about things other than patients? Do you notice that the nursing home employees are gathered in break rooms, lunch areas, and so forth at times that you would not expect them to be there? These things are indications that something is not right with that nursing home and that your loved one may be put in jeopardy if admitted. If there is a foul odor, you should suspect and be alerted to the fact that the residents may not be taken to the bathrooms in a timely fashion or that they are lying in their diapers that have not been changed. The problem with residents not being changed in a timely manner is that this may lead to serious bed sores (decubitus ulcers), sometimes so severe that they may cause widespread infection that may cause death. Another issue with nursing home residents not being treated timely, (i.e., call lights, bells not getting responded to) is that this may cause people who are not sufficiently capable of mobilization to leave the bed to go to the bathroom and suffer serious falls, resulting in injury or death. All in all, I have never met anybody who wants to go to a nursing home. Most people whom I have met who have had the unfortunate need to place a loved one in a nursing home do so only after they have tried everything they can to care for their loved ones. One of the only ways to prevent future abuse and neglect of patients in nursing homes is for the families of abused victims to speak out and file the appropriate complaint with the state agencies or with the courts. My firm feels a public responsibility and duty to discuss these nursing home issues with people, and if the problems that are presented to us are significant enough to warrant legal action, we are willing to appropriately act.

The news recently broke that Valley Pain Management in McMechen, West Virginia has been reusing needles and using the same vial of medicine or saline on more than one patient. Even those who use intravenous drugs know that the first rule of "shooting up" is to always use a new needle. So how could medically trained professionals fail to follow this simple rule? Valley Pain Management is run by Dr. Roland Chalifoux, a doctor of Osteopathic Medicine. Dr. Chalifoux practiced in Texas until his license was revoked because of his substandard treatment of patients. He was originally brought up on charges of providing substandard care to thirteen patients. The Board found that the care was bad enough in three of those cases to revoke his license. Meanwhile, as the charges against Dr. Chalifoux were going through the steps necessary to revoke his license, he was taking steps of his own: getting licensed to practice medicine in West Virginia. How did he get a license in West Virginia when he had committed malpractice in Texas? This is another example of either someone not checking with the states where a physician previously practiced or not protecting the citizens of West Virginia from being victimized by someone who either doesn't have the ability to practice medicine or puts patients at risk by putting profits ahead of patient safety. Valley Pain Management has refused to turn over a list of patients treated at their clinic, thereby preventing those who may have been exposed to hepatitis B, hepatitis C and HIV and other serious illnesses from being notified. Failure to promptly notify patients so they can be tested will delay treatment for these serious illnesses. If you have been treated, please get tested. If you know someone else who has been treated at the clinic, make sure they know to get treated. You may save a life.