moynahan-law

Nursing Home Negligence

Fri, 17 May 2024 15:22:48 GMT

Understanding Nursing Home Negligence

What is Nursing Home Negligence?

Nursing home negligence refers to the failure of caregivers or staff at a nursing facility to provide adequate care and attention to residents. This can result in a variety of harms to the residents, including physical injuries, emotional distress, and medical complications. Negligence can manifest in different forms, such as inadequate supervision, medication errors, poor hygiene practices, and neglecting basic needs of the residents.

Signs of Nursing Home Negligence

Unexplained Injuries: Residents may have unexplained bruises, cuts, or fractures, indicating possible physical abuse or neglect.
Poor Hygiene: Neglected residents may appear unkempt, with dirty clothes, unwashed hair, and unsanitary living conditions.
Malnourishment or Dehydration: Residents may show signs of weight loss, weakness, or dehydration due to inadequate food and water intake.
Lack of Medical Care: Failure to administer medication, delays in seeking medical attention, or improper treatment can all be signs of negligence.

Legal Implications of Nursing Home Negligence

Nursing home negligence is not only unethical but also illegal. Residents and their families have the right to pursue legal action against facilities that fail to provide proper care. Legal remedies may include compensation for medical expenses, pain and suffering, and punitive damages to hold the negligent party accountable.

Preventing Nursing Home Negligence

To prevent nursing home negligence, it is crucial for facilities to prioritize staff training, supervision, and regular monitoring of residents. Implementing strict protocols for medication administration, hygiene practices, and nutrition can help ensure the well-being of residents and prevent instances of negligence.

In conclusion, nursing home negligence is a serious issue that can have detrimental effects on the health and safety of residents.

By understanding the signs of negligence, knowing the legal implications, and taking proactive measures to prevent it, we can work towards ensuring that nursing home residents receive the care and respect they deserve.

ALL ABOUT MURDER CRIMINAL DEFENSE LAWYER WATERBURY CT

Mon, 11 Mar 2024 02:59:34 GMT

Since the beginning of recorded law, the offense of murder has been seen as the most serious of

crimes, with the intentional taking of another’s life considered at least as heinous than any other

human act.

Despite how seriously it is considered and the corresponding punishments, the fact is humans

continue to kill other humans for a range of reasons, from hatred and jealousy, to political

advantage, to greed and even pleasure.

So how many homicides happen each year?

Even in cities where homicide has returned to pre-2020 levels, it is still intolerably high, with some 20,000 lives lost to intentional violence last year. Other trends, such as motor vehicle theft and carjacking, also merit significant attention. Motor vehicle theft, for instance, is considered a “keystone” crime because stolen vehicles are often used in the commission of a robbery, drive-by shooting, or other violent offense. For these reasons and to achieve long-term reductions,

local, state, and federal governments, along with communities and industries, must invest in evidence-based crime prevention efforts.

If you or a loved one has been charged with murder in Connecticut, the stakes could not be higher. Murder is a class A felony, meaning that you are subject to a minimum mandatory sentence of 25 years to 60 years in prison if you are convicted. If there are aggravating conditions such as murder with commission

of a felony or murder of a police officer, you could face life without the

possibility of parole.

Element 2 - Caused death

The second element is that the defendant, acting with the intent to cause the death of another person, caused the death of another person or third party.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant intended to cause the death of another person, and 2) in accordance with that intent, the defendant caused the death of another or third person. If the state has proved beyond a reasonable doubt each of the elements of the crime of murder, then the defendant is guilty. On the other hand, if the state has failed to prove beyond a reasonable doubt any of the elements, the defendant is not guilty.

Connecticut determines the seriousness of the murder charge based on a variety of factors, such as the people involved in the crime, whether or not the murder occurred at the same time a felony was committed, the type of felony that was committed, and other circumstances.

Connecticut Murder Charges

According to the Connecticut Penal Code, murder is defined as causing the death of another person when the offender has the intent to cause death. A murder charge becomes a murder with special circumstances when the offender:

Murders a police officer, firefighter, inspector, or other government official
performing their duties;
Murders for financial gain or hires someone to murder for financial gain;
Murders someone and had previously been convicted of murder or felony murder;
Murders while serving a life sentence;
Murders during a kidnapping;
Murders during sexual assault;
Murders two or more people at once; or
Murders someone under the age of 16.

Additional charges and penalties may apply when a person commits murder while also committing or attempting to commit any of the following felonies:

Robbery;
Burglary;
Kidnapping;
Sexual assault in the first, second, or third degree; or
Escape (e.g., from a correctional institution) in the first or second degree.

When it comes to sentencing, like most crimes, murder charges in Connecticut are decided depending on the type of murder charge and the circumstances surrounding the case. Basic murder is classified as a Class A felony. This means that the offender will face a prison sentence of no less than 25 years and a maximum of 60 years except if a person is convicted of a murder with special circumstances, they will face a term of life imprisonment without the possibility of

release.

Jury finds Seymour teen not guilty of murder | Waterbury CT

Fri, 09 Feb 2024 22:23:13 GMT

Defense attorney Timothy Moynahan puts his arm over the shoulder of his client Isaiah Brantley after a jury found him not guilty of murder in the death of Marlon Brathwaite two years ago. The jury did find Brantley guilty of criminally negligent homicide, a misdemeanor. Bruno Matarazzo Jr. Republican-American

DOMESTIC VIOLENCE CASES: IN CT SOMETIMES THE WRONG PERSON IS ARRESTED.

Mon, 13 Nov 2023 22:13:34 GMT

When household fights get heated, there is a chance that a disagreement will cross the line into domestic violence. If the police are called in response to a domestic disturbance, someone will go to jail. Connecticut’s mandatory arrest laws mean it is up to the police to determine who the dominant aggressor was based on evidence immediately available, but sometimes that can lead to the wrong person being arrested.

HOW POLICE DETERMINE THE DOMINANT AGGRESSOR IN DOMESTIC

VIOLENCE CASES IN CT

In deciding who to arrest as the dominant aggressor, police officers are required to consider several factors:

The need to protect the victims of domestic violence
Whether one person was acting in self-defense or defense of a third person (including a child)
The relative injuries each party received
Any threats of further physical injury
The history of family violence between the parties

There are also several exceptions within the state’s mandatory arrest laws. Police are not required to arrest someone in cases of:

Verbal abuse or arguments without physical assault or threatened violence
Roommates who are not in a romantic relationship
Juvenile delinquency
Parents disciplining their children (that does not rise to the level of child abuse)

The Dominant Aggressor law doesn’t mean that dual arrests can’t happen, though they are far less common now. The mandatory arrest requirements only apply to the person the police officer identifies as the dominant aggressor. However, the officer may choose to arrest both parties if the circumstances justify it.

There are many reasons why the wrong person may be arrested and charged in a domestic violence case in Connecticut. The consequences of domestic violence can start as soon as the charges are filed. They can make life difficult for families and individuals, even when no one wanted the arrest in the first place.

WORKERS' COMPENSATION CASES IN CONNECTICUT

Mon, 13 Nov 2023 21:29:15 GMT

Seriously injured workers may need legal counsel for fair treatment in CT. We help injured workers collect the compensation they deserve under the Connecticut law that mandates all employers carry workers compensation insurance. Understanding the types of injuries, benefits, and recoverable damages available under workers comp provides a basic understanding of the nature of the claims.

First, it is important to understand that employers buy workers compensation insurance to cover those injured while performing job-related activities. The insurance is no-fault, meaning that a reason for the injury does not need to be established to make a claim. The injured worker agrees not to sue the employer and the insurance company takes care of expenses such as medical bills, lost wages, etc.

Although many employers and their insurance companies deal with claims in good faith, it is to the benefit of both to keep the number and value of claims to a minimum. In cases of serious and catastrophic injury, Waterbury workers generally receive fair compensation only if represented by an experienced Connecticut workers compensation lawyer willing to fight for proper recovery.

Types of injuries covered:

Connecticut workers compensation may cover injuries such as:

Work accident injuries, regardless of cause
Occupational diseases resulting gradually from work conditions—asbestosis, mesothelioma, hearing loss, heart conditions, ulcers, etc.
Repetitive trauma injuries—carpal tunnel syndrome, back, or neck problems
Permanent scarring or disfigurement
Damages that Connecticut workers compensation pays
Damages that workers compensation pays include:
Medical costs—treatment, prescription, hospital expenses, doctor fees, and medical miles (travel expense for treatment)
Lost wages—approximately two-thirds of gross wages
Vocational training or rehabilitation

How I can help you with your workers comp case

Most injured workers cannot accurately estimate the compensation amount they should receive. Through knowledge and experience, a workers compensation lawyer knows whether a settlement offer is fair and can protect a worker’s rights.

Seeking legal advice in a workers compensation claim helps avoid unnecessary delays, denied claims, or compensation amounts that are inadequate to cover injury costs. We take workers compensation cases on contingency, which means we get paid only if we gain a money settlement or award on your behalf. Our initial consultation to determine whether we can take your case is free.

Charged with a Drug Crime in CT

Mon, 13 Nov 2023 21:19:13 GMT

In Connecticut, drug crimes such as possession, intent to distribute, or any other offense call for serious penalties which can include incarceration, very high fines, and sometimes even life sentences.

If you have been accused of a drug crime, you need an attorney with the experience and skills to fight fiercely on your behalf.

Get the strong legal defense you need. Contact Moynahan Law Firm for a free case evaluation.

DON’T FACE DRUG CRIME ACCUSATIONS IN CT WITHOUT AN EXPERIENCE LAWYER

Possession of marijuana, hallucinogens, heroin, and narcotics such as cocaine and crack cocaine
Possession with intent to sell
Possession near a prohibited place, such as a school

Connecticut has many laws pertaining to possessing and selling controlled substances. Those laws are complex, and serious. we can help you understand what you are facing and prepare a solid defense for your case.

DEFENSES AGAINST DRUG CHARGES IN CT:

Unlawful search and seizure: If law enforcement violated your Fourth Amendment rights by not conducting a lawful search and seizure, any evidence seized is inadmissible in court.
Lack of possession: There are times when more than one person is present at the arrest. For example, a number of people may have been in the same apartment unit. When this is the case, the prosecution often has a difficult time proving who the drugs belonged to.
Miranda rights violation: Law enforcement must read anyone charged with a crime the Miranda warning and uphold the rights provided within it. When they fail to do either of those things, evidence can be thrown out and the charges may be dropped.
Presence of drugs: When someone is charged with a drug crime, the prosecution must show the actual drugs a person was found in possession of, or was attempting to sell. If the prosecution no longer has the drugs, typically the charges are thrown out.
Drug dependency: In Connecticut, being considered a drug dependent person is an effective defense to drug crimes. If you are struggling with drug dependency, I can explain your options for using this as a defense.

While all of these provide effective defenses to drug crimes in Connecticut, no one should ever try to argue them alone. Choosing a qualified Connecticut drug lawyer is the best defense for a successful outcome.

PENALTIES FOR DRUG CRIMES IN CT:

Below are some of the most common drug crimes and possible sentencing options for a first possession offense.

Possession of heroin, cocaine, or crack: Maximum of seven years in prison and a maximum $50,000 fine
Possession of less than 4 ounces of marijuana: Maximum of one year in jail and a maximum $1,000 fine
Possession of more than 4 ounces of marijuana: Maximum of five years in prison and a maximum $2,000 fine
Possession of methamphetamine: Maximum of one year in jail and a maximum fine of $1,000
Possession of hallucinogenic, any amount: Maximum of five years in prison and a maximum fine of $2,000

FIRST STEPS WHEN ARRESTED FOR A DRUG OFFENSE IN CT

It’s important not to resist arrest but don’t say anything about the alleged offense or any roles you had or didn’t have. Saying anything to the police can be used against you later and can greatly damage your case. If you have been arrested contact us and we will advocate. Moynahan Law will speak for you and decide when and if its appropriate for you to engage directly with the police with proper representation.

If you or a loved one has been charged with a drug crime, contact us to schedule your free consultation.

Navigating a Wrongful Death Lawsuit | Connecticut

Thu, 26 Oct 2023 01:48:34 GMT

In order to bring a successful wrongful death law suit the following four elements must be proved:

The death of a loved one caused by the negligence or intent of another to cause harm. The duty of due care was breached causing the death of your loved one.
A duty of due care is the responsibility to avoid actions that could result in foreseeable harm.
The negligence or intent of another to cause harm to another violated the duty of care owed to your loved one.
The wrongful act of another directly contributed to the death of your loved one.

Both the surviving family members and the estate of the decedent are entitled to compensation for the losses incurred. The first step is the appointment of a personal representative of the decedent’s death. A wrongful death attorney can provide you with invaluable legal representation beginning with a full investigation of the circumstances of your loved one’s death. Time is frequently of the essence so engaging with an attorney is essential to gather and preserve evidence whether the case can be settled to your satisfaction or must go to trial.

Various acts of negligence or misconduct can give rise to a cause of action for wrongful death.

The following are examples of situations where death is the result of negligence:

Determining Money Damages:

It is important to consider the age, character, energy, optimism, physical and mental condition of the decedent, their earning capacity, purpose in life, intelligence, leisure activities and hobbies. this determination may seem straightforward, but it is the lawyers job to prevent it in the clearest way so that the truest version of the lost loved one is presented to the jury. This is a heart- wrenching part of the representation for family members and the attorney alike. It must portray a multi-dimensional human being whose life was cut short too soon and the suffering left in the wake of the death caused by negligence.

The Moynahan Law Firm (Tim Moynahan) is committed to excellence as is his paralegal/ executive assistant of 25 years.( Amy Guandalini) They understand that at a time of grievous loss the loved ones left behind are emotionally overwhelmed and a law suit is the last thing on their minds. Nevertheless, time to act may be a critical be factor so it’s important to reach out for help to honor the life and legacy of the decedent and to preserve the rights of the estate, dependents and beneficiaries. For example, the tragic loss of parental guidance.

Excellence we are committed to, but caring is doing what comes naturally. We will represent you with passion and genuine sincerity. . Our clients become family. Your family is our family.

The evaluation is free and you incur no obligation.

The Four Elements of Medical Malpractice

Wed, 18 Oct 2023 00:54:31 GMT

PROVING THE FOUR ELEMENTS

The four elements of medical malpractice are set forth with accuracy by the Journal of Psychiatric Practice. Being injured in the course of medical treatment is not sufficient to constitute a cause of action for personal damages. When a physician, hospital, or other healthcare professional causes injury, disability, or loss of life by negligence, reckless acts, or omissions, you can recover compensation when you prove the constituents of medical malpractice. It is a complex task made more complicated because the responsible parties (defendants) will vigorously contest your claims of liability( who caused your injuries and losses) and consequential damages and losses.

Establish the duty or care owed by the providers to patients
Forsaking or breach of this duty of care
Immediate cause to prove that the breach of duty caused injury to the patient
Damages include both economic and non economic losses

Doctors, hospitals, and medical providers who are responsible for treating you have an obligation to provide the same level of care that is expected from another doctor, hospital, or medical provider with similar education, background, or geographic location.

SPECIAL AND GENERAL DAMAGES

Special Damages are known as economic ( tangible) damages including:

Lost Wages
Prescription Medicines
Surgical and Corrective surgery costs
Rehabilitation costs
Loss of future compensation and benefits of employment
General Damages are non-monetary assets that cannot be seen or touched (intangible)
Loss of life’s enjoyment
Pain and suffering and future pain and suffering
Mental anguish (PTSD)
Disfigurement (scarring)
Loss of Consortium
Permanent disabilities and percentages

PROVING THE FOUR ELEMENTS

Collecting medical records and reports pertaining to medical treatment
Expert testimony from medical professionals
Creating a timeline of events and enumerating involved parties, both defendants and witnesses
Gather expert economists, data analysts, and professionals in public health and healthcare administration
Reviewing previous malpractice claims or complaints

THE JOURNAL OF THE AMERICAN MEDICAL ASSOCIATION

Medical negligence is one of the leading causes of death after cancer and heart disease in the U.S. When a health provider, including doctors, clinics, hospitals, and other medical professionals cause injury through negligence, recklessness or omission the law has determined that a violation of the standard of care is medical malpractice.

PRELUDE TO A MEDICAL MALPRACTICE LAWSUIT

After engaging a law firm your lawyer will accumulate medical records, consult with relevant experts and when timely send a demand letter setting forth your injuries to the negligent party’s insurer for payment. Negotiation with the insurance company will commence and, if the adjuster does not agree to a fair settlement, a lawsuit will be filed. Often during the course of litigation discovery methods and depositions will demonstrate the value of your case which are sufficiently persuasive to result in a satisfactory payment to you. If the insurer continue to decline fair damages your lawyer will present your case for a judge or jury to decide.

Slip and Fall Accident Lawyer in Connecticut

Mon, 25 Sep 2023 20:58:34 GMT

In addition to car accidents, slip and fall incidents rank among the most commonly encountered accidental injuries that personal injury attorneys handle in Connecticut.

Slip and fall incidents can occur unexpectedly, anywhere, and can be quite jarring. These incidents have the potential to drastically impact one's life, whether for a short period or an extended duration. Injuries resulting from these accidents can range from minor to severe, and in some cases, can even be fatal.

It is the responsibility of property owners to ensure that their premises are devoid of any hazards that could pose a threat to the general public. This duty applies to personal residences, office buildings, stores, malls, and all other privately or publicly owned establishments.

The foremost recommendation is to take personal accountability for your safety. Stay alert and aware of your surroundings, whether you are in a commercial establishment or a privately owned home. Slip and fall incidents can happen to anyone, anywhere. It is incumbent upon you to exercise caution and care, so that if you do experience a fall and sustain injuries, it is not due to your own negligence.

The majority of slip and fall incidents can be attributed to the negligence of others. While some cases can be unexpectedly peculiar and difficult to foresee, it is wise to familiarize yourself with the most common causes to enhance your vigilance. Always remember, "luck favors the prepared mind."

The most frequent causes of slips and falls encompass:

Presence of debris on the floor in a food market, such as melted ice cream, spilled vegetables, or fruits. (It only takes a lettuce leaf or a banana peel to create a slippery surface that can lead to loss of balance and a forceful collision with the floor.)

Excessively wet floors due to liquid accumulation, be it water or any other beverage. Adequate warning signs should be strategically placed to alert individuals of the potential danger underfoot.

Floors often pose a significant risk due to unevenness caused by factors like mold, dampness, or excessive dryness in the air. In certain cases, failure to maintain the floor according to appropriate standards can lead to hazards. Holes or indentations, if neglected, can be particularly unsafe.

Construction zones can be perilous when workers neglect necessary precautions. It is the responsibility of supervisors to inspect the premises and instruct workers to adhere to safety rules, ensuring the well-being of those who enter the working zone.

Examples of Possible Types of Injuries from Slip and Fall Accidents

To safeguard your rights and gain a comprehensive understanding of the laws relevant to your slip and fall accident, contact Moynahan Law Firm at 203-597-6364. It is essential to have an experienced lawyer who can skillfully establish liability and advocate for fair and substantial compensation.

Criminal Law Defense Lawyers in Connecticut

Thu, 01 Apr 2021 07:19:08 GMT

If you have been arrested you should be aware that the legal process is not simple or quick. On, the contrary the process can be lengthy and complex and you and your lawyer should develop a strong professional and personal relationship based on trust. Observe them carefully, do they treat you as a unique individual, and as if your case is as important to them as it is to you and your family. From your interactions a bond emerges that is developed into a sacred trust.

Retaining a lawyer is not like buying a car or even a house. If you have been arrested for a felony you will be facing a long period of imprisonment. In some cases conviction brings with it mandatory minimum confinement. You will be correct when you think of hiring a lawyer to represent you as more than an expenditure but an investment in your life and freedom. Remember, all defense lawyers are not the same.

Choosing the right lawyer is not the same as just “ getting a lawyer to defend you.” Not all lawyers are equal in experience, temperament or in settlement skills and combat but trial. Some lawyers are more equal than others. Some lawyers are more respected by prosecutors and judges than others. Begin by choosing a lawyer whom you respect and you will have gone a long way toward achieving the best possible outcome.

Choosing you lawyer means choosing one that will develop credible explanations, provide guidance in making strategic decisions, gather and examine every shred of evidence, negotiate with the prosecutor, and, when necessary, take your case to trial.

The evidence alleged by the prosecutor is the beginning not the end of your case. Evidence can be misinterpreted, incomplete and even manipulated. Your defense attorney should be one who challenges every piece of evidence, dissects it to uncover inconsistencies, biases, gaps or outright lies which can make the difference between winning or losing. Not all attorneys are equal. Choose carefully to ensure you obtain the representation and protection you deserve.

The Seriousness of Being Charged with Violence

Thu, 01 Apr 2021 07:19:08 GMT

Assaults in Connecticut include First, Second and Third degree in order of seriousness. Sexual assaults are a separate subject which I will discuss in detail separately. Domestic violence is the most frequently charged assault case. The more serious are those that escalate into physical confrontations. Connecticut law requires police to make an arrest in every domestic violence 911 call if they find probable cause that a crime was committed even if the party alleged to be the victim dies not want to press charges.

Currently, I am representing a husband who was having a verbal dispute with his wife. When he wanted to leave the scene she stood before the door and refused to budge. He called 911.

Before the police arrived they exchanged insults until a physical altercation erupted. By the time the police arrived and gained entry the premises looked like a war zone. Each party was injured and each claimed they were acting in self defense. Among of the wife’s claims were strangulation ( with which my client has been charged) and assault for tearing hair from her head.

He suffered abrasions to his head and arms and, grotesquely, a chunk of skin and flesh had been bitten out of his arm. If the couple’s child was present he would have bern arrested for Risk of Injury.

My client was arrested his spouse was not. A protective order was issued against him. When he wants to visit with his child he must arrange through a third party. His wife has refused to cooperate to date.

The laws mandatory arrest law’s mean the police determine who was the dominant aggressor based on their interpretation of the available evidence, even when they were not present and there were no witnesses. Needless, to say sometimes the wrong person is arrested and another who should be is not. The Dominant Aggressor Law which became effective provided police officers with the discretion to arrest one person instead of two. I’m opposed to this arbitrariness which very often tips the scales of justice unfairly against the arrested party. Dealing effectively with that perceived unfairness is part of my job as a defense attorney

At first his wife told police she was not afraid of her husband and did not want to press charges. Subsequently, she changed her mind and signed and swore to her version of the events, Now she wants him prosecuted to the full extent of the law.

It is a difficult case and it touches upon many charges that are often linked to criminal Assault allegations. I am prepared to attend a pre-trial conference with a prosecutor and Judge. My legal representation is confidential but I am convinced I can shed light on the matter which will alter the dynamic in his favor.

In the meantime he has been suspended from his employment where he has worked for a lengthy time period, established an enviable record of accomplishment, and enjoys an impeccable reputation.

It is a serious case and a contentious one but I’m accustomed to being a criminal defense lawyer. I welcome the opportunity to represent a citizen who has the full power of the State arrayed against him. It is a challenging profession but I would not want to be anywhere else. As I’m here for my client, rest assured, if you need my services I will be there for you.