Robby Jessup

Nursing Home Negligence In The News

As news unfolds about the deplorable conditions found in a Florida nursing home in the wake of Hurricane Irma, our thoughts and prayers turn to those who are suffering and those who have lost loved ones as a result of nursing home negligence or abuse.  So much of our nation’s elderly population lives in residential facilities, and while some are exemplary in the care that they provide, others are cutting costs at the expense of appropriate care.  In our practice, we see the impact that understaffing and cutting corners can have on the elderly and disabled residents, who are the mercy of the decisions of medical staff and administrators.  But these stories rarely make the news. 

With the national spotlight on The Rehabilitation Center at Hollywood Hills, and people are asking what went wrong, we think it is a good time to reflect upon the law and how to deal with nursing home negligence.

Nursing homes and rehabilitation facilities are required by state and federal law to meet certain minimum standards.  The Federal Nursing Home Reform Act and the North Carolina’s Licensure and Certification Protocols include specific regulations and provide for a detailed list of patient rights.  Nevertheless, we see a large number of nursing home residents who are injured or even killed as a result of abuse and neglect in such facilities. 

Our firm has handled claims involving all kinds of problems, including physical and sexual assaults, mishandled medications, bed sores, infections, sepsis, dietary issues, choking hazards, slip/trip and fall hazards, etc., that have occurred in nursing homes and residential care facilities.  When these tragic incidents happen, the victims and their family members have many questions.  Our job is to find the answers that can bring about accountability, prevention and compensation, as the case may be.  We help to gather medical records, interview friends, family and other witnesses, and consult with medical experts to determine what went wrong and why.  If appropriate, we can advise the victim or their loved ones on when, where and how to report nursing home abuse or negligence to the proper officials.  We can also file a lawsuit if the facts warrant taking legal action.  Such lawsuits often end with an agreed upon settlement or go to arbitration or a jury trial depending on the circumstances.  We advise our clients on the right steps to take to help resolve their case to their satisfaction.

If you or a loved one has a question about nursing home abuse or negligence.  Give us a call.  We are here to help.

 

Robby JessupNursing Home Negligence In The News
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Is Adultery against the Law?

In North Carolina, a spouse may sue a third-party for interfering with his or her marital relationship. Suit is usually brought against the adulterous spouse’s lover for “Alienation of Affection.” (Although, North Carolina law also allows for such claims to be filed against an in-law, relative, counselor, therapist, or clergy member who has talked someone into leaving his or her marriage.)

“Criminal conversation” is a legal claim closely related to Alienation of Affection. It is basically a civil claim for adultery. With Criminal Conversation, it is not necessary to prove that adultery had any effect on a marriage; only that intercourse occurred between a spouse and a third-party. Adultery must be proven to win on a Criminal Conversation claim; whereas it is not required to be proven to prevail upon a claim for Alienation of Affection.

Alienation of Affection claims are not necessarily about physical infidelity, but about someone destroying the love between husband and wife, by any type of conduct.

North Carolina law recognizes marriage as one of the most sacred social institutions, and as of late, a string of large verdicts show the people of North Carolina continue to believe this to be so. Recent judgments across North Carolina in Alienation of Affection and Criminal Conversation cases range from $1.1 Million to $30 Million Dollars.

While all but seven states in the United States have abolished civil claims to enforce the sanctity of marriage, these legal claims remain alive and well in the Old North State.

If you have any questions about this article, or if you wish to have a confidential conversation, please feel free to call Robby Jessup at (252) 531-7555 or email him at rjessup@hsfh.com.

Robby JessupIs Adultery against the Law?
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Our First Advertising Campaign

Although Howard Stallings’ serious injury and wrongful death practice is almost 35 years old, we just started calling ourselves “RDU Injury Law.”  To let people know about our new name, Carolyn Hicks and the other great folks at Fairway Outdoor Advertising helped us launch a billboard campaign today, and we want to say “thank you.”  There are six billboards up across the Raleigh area.  See if you can spot them all.

Robby JessupOur First Advertising Campaign
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Joan Davis Named 2018 Top Attorney in Super Lawyers Magazine

Partner Joan Davis has been named as a Top Attorney in 2018 Super Lawyers Magazine.  Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations.  Super Lawyers Magazine features the list and profiles of selected attorneys and is distributed to attorneys in the state or region and the ABA-accredited law school libraries. Super Lawyers is also published as a special section in leading city and regional magazines across the country. Lawyers are selected to a Super Lawyers list in all 50 states and Washington, D.C.  For more information, you can visit http://www.SuperLawyers.com.  Congratulations Joan!

Robby JessupJoan Davis Named 2018 Top Attorney in Super Lawyers Magazine
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Partner Arrested (For Charity)

PARTNER ARRESTED: On September 27th, Attorney Robby Jessup is being arrested and held in jail until he raises a bond of $4,000 to be donated to MDA, an organization that supports kids and adults with Muscular Dystrophy and ALS. We are preemptively working on raising his bond where he can get back to work. If you are so inclined, you can donate to bailing Robby out at the link here: http://www2.mda.org/site/TR/Lock-Up/LockUp2017-National?px=4489714&pg=personal&fr_id=23818

Robby JessupPartner Arrested (For Charity)
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Robby Jessup & Joan Davis Inducted As Lifetime Members of Million Dollar Advocates Forum

PRESS RELEASE FROM THE MILLION DOLLAR ADVOCATES FORUM:

The Million Dollar Advocates Forum is pleased to announce that attorneys Robert H. Jessup and B. Joan Davis of Raleigh, N.C. have been inducted as lifetime members.The Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards and settlements. The organization was founded in 1993 and there are approximately 3000 members located throughout the country. Fewer than 1% of U.S. lawyers are members. Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional referral and information exchange in major cases. Members must have acted as principal counsel in at least one case in which their client has received a verdict, award or settlement in the amount of one million dollars or more.

Robby JessupRobby Jessup & Joan Davis Inducted As Lifetime Members of Million Dollar Advocates Forum
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One Million Dollar Recovery Reported By NCAJ’s Trial Briefs Magazine

The truck driver’s story just didn’t add up, and when our attorneys, Robby Jessup and Joan Davis, began to investigate and ask questions, the whole thing unraveled.  NCAJ’s Trial Briefs Magazine reported as follows on their work:

ROBBY JESSUP and JOAN DAVIS of the law firm RDU Injury Law in Raleigh, in association with RUSSELL JOHNSON of the law firm Diener Law in Greenville, obtained a One Million Dollar Settlement in a disputed liability wrongful death case. These attorneys represented the estate of a Mexican immigrant who was killed in a head-on collision with a transfer truck. The truck driver and trucking company initiated the lawsuit by asserting claims against the estate for personal injury and property damage. The estate proceeded to counter­claim for wrongful death.The State Troopers and initial experts who investigated the crash all said that the Mexican immigrant was at fault for causing the wreck and had crossed the center line. In fact, in the incident report, the investigating officer indicated that he suspected alcohol was a factor in the wreck. The family of the decedent reported that he had just left for work, approximately fifteen minutes before the wreck and was sober. The autopsy confirmed that the decedent was not under the influence of alcohol.

After investigating the claims, an eyewitness to the crash was discovered who had called 911 (but had not spoken to law enforcement at the scene). This eyewitness reported that it was the truck driver who crossed the center line and caused the wreck, not the Mexican immigrant.

In discovery, it was found that the truck driver had a revoked driver’s license at the time of the wreck, and had a driving history that disqualified him from employment as a commercial driver. Surveillance videos of the truck driver (taken by the trucking company’s workers comp carrier) also came to light that cast serious doubt on his claimed injuries.

Policy limits for the trucking company of $1,000,000 were paid at mediation with Bill King in April of 2017.

Robby JessupOne Million Dollar Recovery Reported By NCAJ’s Trial Briefs Magazine
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