Avoiding Nursing Home Abuse and Neglect

Posted by on Jul 25, 2017 in Elder Issues | 0 comments

In deciding whether to put your loved one in a nursing home or not, you consider the medical and personal factors. In the medical factors, you determine whether the decision will be good for the health of your loved one. In the personal factors, you determine whether the decision will be good for the family and your loved one’s wellbeing. But your decision-making should incorporate another idea – the possibility that your loved one being abused or neglected in a nursing home.

Abuse

There are different forms of abuse, but the main ones are physical, sexual, and emotional. Physical abuse happens when your loved one receives unwarranted force, resulting into undeserved bruises, cuts, and wounds. Sexual abuse happens when your loved one receives unwanted sexual advances, resulting into sexually transmitted diseases, soreness in the reproductive and anal areas, and injuries in the pelvic regions. Emotional abuse happens when your loved one receives treatments that are aimed at lowering self-worth, like bullying and insulting.

According to the website of the Goings Law Firm, LLC, those who have been victimized by nursing home abuse may have legal options, as they deserve to receive justice and compensation.

Neglect

Like abuse, neglect can manifest in a variety of ways. The website of Habush Habush & Rottier S.C. ® has enumerated its common manifestations, such as dehydration, malnutrition, failure to accommodate specific medical needs, and poor hygiene. These can lead into the rise of new medical problems or the worsening of existing ones.

Most negligent behaviors can be traced back to nursing home management. For example, its hiring of incompetent nursing home staff may be the reason why some residents are being dehydrated or malnourished. Its constant taking of new residents without hiring new staff members may be the reason why some residents are not getting their adequate medical and hygienic needs.

Avoidance

Even though you can file a lawsuit to get justice and compensation, avoidance of abuse and neglect is still better. You don’t want your loved one to experience degradation. To avoid such things from happening, you should acknowledge that they do happen, so you can be assertive enough.

Before putting your loved one in a nursing home, you should investigate the conditions in it, including the staff-resident ratio, competence of the management and staff, existence of adequate facilities, and the cleanliness of the premises, as these are the major factors that may influence the rise of abuse and neglect in a nursing home.

Read More

Lewd and Lascivious Conduct

Posted by on Jun 5, 2017 in Criminal Defense | 0 comments

The crime of lewd and lascivious conduct with a child involves more than the simple exposure of one’s genitalia; it tends to fall short of full sexual assault of a child. Prior to the passing of lewd and lascivious conduct statutes, perpetrators of this crime were charged with attempted sexual assault. Thus, to protect minors, more and more states, over the years, started passing laws that prohibit any form of sexual contact between adults and children. In Florida, Idaho and some other states, lewd and lascivious conduct is also used to refer to sexual contact charges. In other states this same offense is used interchangeably with indecency with a child or indecent contact with a child.

For a person to be charged with lewd conduct with a child, the following elements should be present:

  • The victim is a minor. State statutes differ with regard to who may be considered a minor and who is no longer considered as a minor. In some states, like Idaho, for one, a minor or a child is any person under the age of 16; in other states, like Texas, a minor is person who is under the age of 17.
  • There is sexual contact. Again, states differ when it comes to defining what sexual contact is, besides some type of touching, which may be done through the use of instruments (like sex toys), genital-to-genital contact, or mere rubbing of genitals with a victim’s hand. Most state laws also do not differentiate between sexual contact over the clothing and under the clothing – this is to thwart any attempt down play the sexual contact component of the crime.
  • Intent of the contact. Lewd and lascivious conduct is said to be committed for the purpose of arousing or gratifying one’s sexual desires (or the sexual desires of a third party). This intent definitely rules out any likelihood of accidental contact, especially contact over clothing.

According to the Flaherty Defense Firm, “When it comes to sex crimes, most people tend to think you are guilty until proven innocent instead of the other way around. Just being accused of such a terrible crime is enough to ruin your reputation, your career, and your family. And that is only the beginning. If you are convicted of a sex crime in Destin or anywhere in Florida, you will likely go to prison for a very long time and be forced to register as a sexual offender for the rest of your life.

One problem is, when faced with such a terrifying ordeal, it would be easy to decide that there is no hope. That there is no way to get around the fact that your life is over and you are going to prison.

Do NOT make this mistake. Just because you have been accused does not mean it is a sure thing that you will get convicted. What is necessary, rather, is that you answer with the right response, which is to fight back and do everything you can to save yourself. Hiring an experienced sex crime defense lawyer on your side may be a good start.

Read More

There is always a Way for You to Give Back to Your Community

Posted by on Feb 19, 2017 in Uncategorized | 0 comments

Giving back is where you give, and then nothing happens. No benefits for you, no recognition, nothing tangible gets sent your way. Your biggest and sole reward is the realization that you’ve made a significant change in someone’s life. And if not ‘significant’ then a positive change nevertheless.”

Giving back to one’s community does so much to help those in need, besides contributing to the common good. One can give back in different ways, like through donating money or sharing one’s time.

Ali Mokaram, a personal injury lawyer, says that “focusing on people is what matters most, and there is no better way to do so than supporting the community at large.” Different ways of giving back to one’s community include:

Promoting Local Businesses: Buying locally made products will definitely help small businesses in your area, as well as setting aside an area of your website to link to and to promote your favorite local companies.

Read More

The Different Chapters of the U.S. Bankruptcy Code

Posted by on Nov 22, 2016 in Bankruptcy | 0 comments

The 1.53 million Americans who filed personal bankruptcies in 2010 is a clear indication of the bad economic situation suffered by many individuals and families in the US. Besides loss of job, a direct effect of poor economy, an accident or illness requiring medical treatment, which has also become too costly, divorce, and other events have contributed to diverting all funds to basic needs rather than to paying monthly bills, mortgage or debts. The downside of this, of course, is the accumulation of debts that eventually become quite impossible to settle.

To protect their interests, creditors usually refer bad debts (debts that have not been paid for at least three consecutive months) to collection firms which, in turn, employ harassing tactics to force the debtors to pay.

Suffering from overwhelming debts, however, is never a total ruin to an individual’s or a business’ financial future. As explained in the website of the Bradford Law Offices, PLLC, individuals and businesses in the United States actually have a number of different available options for returning to financial freedom, including bankruptcy. Many people only associate bankruptcy with negative consequences. However, in reality, it provides debtors with an invaluable tool for restoring order to their finances.

The U.S. Bankruptcy Code contains chapters designed to save debtors from debts that have become quite impossible to manage. Each chapter is meant to address debtors’ specific financial situation, and basically aimed at eradicating all forms of debts for the individual’s or business’ fresh financial start. The Bankruptcy Code offers:

  • Chapter 7 bankruptcy – a liquidation bankruptcy wherein a court-appointed trustee sells some of the “non-exempt” assets and properties surrendered by the debtor (there are exempt properties, like the home, which the debtor can keep and protect). The proceeds from the sale are distributed to the creditors and the remaining amount (if there is any) will be returned to the owner.
    • The debts to be paid in this chapter are the non-dischargeable debts (usually government-related debts). Debts from which the court can decide to free the debtor can include credit card bills, medical bills, past utility bills, personal loans, and so forth.
  • Chapter 11 or business bankruptcy – allows the business firm to either restructure its finances (repayment plan) for more affordable payments, or liquidate some of its properties to be able to pay creditors. Unlike in chapter 7, wherein a business will have to cease operations, chapter 11 allows a firm to stay in business.
  • Chapter 12 – is designed for family farmers and family fishermen which should have a regular annual income to be considered eligible under this law. which own and operate the fishing or farming business; which own at least 50% of the farming/fishing business; and, which earns a regular annual income.
  • Chapter 13 – which is reorganization or restructuring bankruptcy, requires debtors to design a debt payment scheme spanning to three years (can be five years if the court so allows). Under this chapter, all of the debtor’s properties are saved or never sold.

A realistic and objective assessment of a debtor’s financial condition is required regardless of the chapter of bankruptcy the debtor wishes to file. Making sure, therefore, that the lawyer, who will be hired to defend the rights and interests of debtors, is very significant.

Read More

Understanding The Basics of Shoulder Replacement Surgery

Posted by on Oct 23, 2016 in Dangerous Medical Products | 0 comments

The shoulder has an important role in facilitating the movement of the arm. For this reason, any damage in this part of the body can restrict the performance of basic tasks. You might find sleeping difficult or disrupted as a result of the damage to the bone, cartilage, and other parts of the shoulder. When there is serious pain or damage in the shoulder, your doctor may advise replacement surgery.

Shoulder replacement surgery is designed to increase body function and minimize pain. It is usually recommended when there is loss of cartilage or other damage that results to pain every time the shoulder joint is used or moved. Replacement surgery is often recommended when the traditional procedures are no longer applicable. Designed to be used as a corrective procedure, there has been reports of defective replacement devices causing additional injuries and pain to patients.

According to the website of Williams Kherkher, faulty shoulder replacement devices carry additional complications. The defective shoulder replacement device manufactured by a medical company reportedly falls off after being implanted. Just like other surgical procedures, shoulder replacement also poses some risks to patients. However, if the injury was due to some faulty device, it is possible to recover some damages from the manufacturer for the injuries caused by the defective device.

Some common complications of shoulder replacement surgery include blood clots in a leg vein. This can be extremely dangerous if the blood clot restricts blood flow from the leg back to the heart or move to the lungs. In order to correct the damage of a defective shoulder replacement device, the patient may have to undergo revision surgery which is more risky and may also carry major side effects.

Read More

Is Shoulder Replacement Surgery Right for You?

Posted by on Oct 20, 2016 in Dangerous Medical Products | 0 comments

Shoulder joint damage can be caused by a number of different conditions. The most common reason behind this is arthritis. At its most severe, shoulder joint damage can cause extreme pain, stiffness, and difficulty moving. Typically, these symptoms are addressed with medication and physical therapy. However, if non-invasive treatments fail to alleviate these symptoms, surgery is usually the next best option.

According to the National Institute of Arthritis and Musculoskeletal and Skin Diseases, more than a million people go through joint replacement surgery in the United States every year. Aside from hip and knee replacements, shoulder replacement surgery is another common procedure undergone by arthritis patients. This procedure entails having the damaged joint replaced by a prosthesis or implant that can be made out of plastic, metal, or a combination of both materials.

Joint replacement surgery has many advantages. While, like most surgical procedures, it involves some amount of risk, it still provides patients with a significant amount of time free from debilitating pain, as well as medication and their side effects. Unfortunately, the risks of a shoulder replacement procedure can become exacerbated by implants that are defective or poorly designed. With defective metal-on-metal implants, there have been many recorded instances of joint replacement surgeries leading to serious side effects like high metal toxicity levels in the body and bone and tissue damage.

If you’re considering shoulder replacement surgery as an answer to your arthritis symptoms, have an honest conversation with your physician regarding use of implants that have been proven safe and effective. Likewise, if you have gotten a shoulder replacement surgery recently, take note of your post-operative symptoms and take note of your recovery timeline. According to Williams Kherkher, symptoms that continue to worsen over time could point to complications caused by a defective shoulder joint implant. Consult with your doctor immediately and seek out the advice of a lawyer to learn more about your options.

Read More

Using The Bucket Test To Determine Leaks In Your Swimming Pool

Posted by on Sep 14, 2016 in Swimming Pool Leaks | 0 comments

With the amount of water in your swimming pool, finding leaks can be extremely difficult. Fixing the leak can be extremely challenging for you so letting the professional do it is the best option. But before doing so, you need to be sure that there is really a leak. One of the tried and tested ways for finding leaks in a swimming pool is the bucket test.

According to the website of American Leak Detection of Dallas, if your pool needs constant refilling then there could be a hidden leak. In using the Bucket Test, there are few things that you need to bear in mind:

  • It must be performed within 24 hours to be accurate
  • Swimming in the pool or using the spa will make the test null and void
  • Conduct the test before activating your system in the morning
  • Switch off auto fill when conducting the bucket test
  • Make sure there are no leaks in the equipment as it will completely void the test

To get started with the bucket test, do the following:

  • Fill your pool to the normal level
  • Mark the water level in the pool inside the skimmer or on the waterline tile. Use a #2 pencil or a permanent marker.
  • Place a bucket of water on the first or second step of the pool or spa while leaving a few inches exposed to catch any rain water
  • When the water in the bucket is completely still, mark the water level in the bucket in a similar way you did in the pool
  • Run the pool pump to run its normal cycle
  • After 24 hours, compare the water level in the pool with that of the bucket

If the water level in the pool has lost more than the water in the bucket, this means that there is a leak. This is the time to call a professional to fix the leak.

Read More

Fears On Assisted Living

Posted by on Apr 20, 2016 in Elder Issues | 0 comments

The thought of being away from the family and living on a place that is not your home can be a frightening thing, which is why SeniorAdvice.com states that finding the right assisted living community is the only way to ensure that the experience wont cause such a culture shock. Many people believe that senior care is only for those who have no family or for those who have no one to take care of the, but this is very far from the truth. The majority of fear regarding senior care and assisted is inaccurate and nowadays it have become one of the growing options for elders to spend their retirement years.

One of the most worrying thing that elders believe about senior care is that they would be forgotten by their loved ones and that their health will deteriorate. This is so far from the truth, as assisted living is aimed to help ensure the health and well being on the residents are looked after. Many of these health problems stems from loneliness, and the reason why seniors fear going into a facility, but with assisted living you only get to appreciate these bonds and learn to establish more with other residents and staff in the community. You will not be bored because there are various activities as well as amenities that assisted living offers so as to help keep you engaged and living in the present.

Another concern is the concept of strangers not being able to give proper care, but this is not true. Caregivers are encouraged to provide contact contact with the family and that health professionals are always present to attend to any needs or emergencies that can happen. Assisted living will not also be a hindrance to your independence, since it provides services that helps you make the best of your life. Although there is constant fear of elder abuse, it can easily be avoided by finding a legitimate and properly licensed assisted living community.

Lastly, many people fear that assisted living can lead to financial drain. It may seem daunting, but assisted living actually cost less than any other option since it not only provides living for your senior loved one but also the much needed health care. If you are concerned about assisted living, make sure to financially plan ahead and consider options such as converting long-term care insurance.

Read More

Pursuing Justice through a Wrongful Death Claim

Posted by on Nov 15, 2015 in Wrongful Death | 0 comments

Many different kinds of major accidents, which have claimed thousands of lives, have happened in the past, leaving many families grieving over the loss of their loved ones besides causing them other kinds of hardships, such as emotional and financial burdens.

Acting and behaving in ways that will never put another person at risk of injury or serious harm should be everyone’s conscious thought; this manner of acting and behaving need not be commanded by law, but since many rather choose to act negligently or recklessly, laws need to be passed and strictly enforced to keep law-abiding persons from the harmful behavior of non-caring individuals.

Negligence is the basis of most personal injury cases or lawsuits, which are filed by injured victims for the purpose of seeking compensation from the liable party for the harm that his or her wrongful conduct has caused. It can be committed by anyone and anywhere, with actions most often resulting to different kinds of injury-causing accidents, such as slip and fall, job-related accidents, cruise ship accident, plane accident, dental or medical malpractice, exposure to hazardous substances or conditions in the workplace, and motor vehicles accidents (wherein those involved may include cars, trucks, motorcycles, bicycles or pedestrians).

According to the National Highway Traffic Safety Administration (NHTSA), car accidents, in particular, number to more than five million in the US every year. These accidents, which result from drunk-driving or driving under the influence (DUI), reckless driving, overspeeding, distracted driving, road and highway defects, and defectively designed car or car parts, injure more than two million and kill more than 30,000 people. While disability, as one of car accidents’ results, is already a very serious case, wrongful death is still their worst consequence.

An Indianapolis car accident attorney might define wrongful death as the loss of a person’s life due to another individual’s negligence or willful misconduct. Due to this loss, the surviving family members and/or dependents (known legally as “real parties in interest”) of the deceased victim can file a special kind of personal injury lawsuit, called a wrongful death claim, for the purpose of pursuing justice, usually through compensation for all the pecuniary or financial damages they will be made to undergo due to the victim’s death.

A wrongful death lawsuit may be filed by the family’s/dependent’s representative, while the damages that may be considered compensable may include loss of financial support due to the victim’s death, medical and funeral expenses, lost prospect of inheritance, financial worth of all the goods and services that the deceased victim would have provided his/her family, loss of consortium and the family’s pains, suffering, and mental anguish.

There are important things that the family members and dependents of the deceased should know regarding all legal matters related to filing a lawsuit, such as their state’s specific laws on wrongful death claims, damages covered, the statutory (time) limit for the filing of the lawsuit, and the requirements for one to be recognized as “real party in interest.” These are matters that the surviving family may want to entrust to a highly-qualified personal injury lawyer, who may just be able to provide the necessary legal assistance that the family actually needs.

Read More

Repetitive Motion Injuries

Posted by on Jul 29, 2015 in Workplace Injuries | 0 comments

Construction workers have some of the most physically demanding jobs on the market. These jobs often involve repeating certain motions over and over again, for hours and hours a day. These repetitive actions can lead to serious injuries that develop over time and may leave a person unable to work. People may not take action to alleviate their injury, as the symptoms may only occur during work at the beginning. However, as time goes on, the pain can become excruciating at all points of a person’s day, even when they aren’t working. Not only is this uncomfortable, but can cause a person to be unable to work, according to the website of Crowe Mulvey. However, there are some signs to watch out for when it comes to repetitive motion injuries.

Some of the first signs a person may notice is pain, aching, and tenderness in the affected area. For example, if you use your elbow in daily work activities and start noticing pain when you bend your elbow, it may be a sign of a repetitive motion injury. As the injury gets worse, an individual may experience throbbing, tingling, or stiffness at the site of the injury. They may also be able to see visible swelling at the site. If these symptoms are ignored, the injury may become so bad that a person can not properly perform their job, leading to physical and financial stress. Some common results of this are bursitis, tendinitis, and carpel tunnel syndrome which can last for years of a person’s life. Due to this, it is important to recognize the symptoms early on.

Even though repetitive motions may be a part of an individual’s job, injuries from this cannot be ignored. Medical problems caused by these motions can last for years and need to be treated as soon as possible.

Read More