In 20124, 15,600 nursing home facilities located all across U.S. provided shelter to more than 1.3 million residents. Nursing facility residents include elders (65 years old or older), individuals who are chronically ill or disabled and in need of rehabilitative therapy, and those who are physically or mentally incapacitated. All nursing home facilities promise the same thing: personal care (which includes dressing, bathing, and toilet assistance), 24-hour emergency care, monitoring of medication, and social and recreational activities which includes dressing, bathing, and toilet assistance: in a nutshell, high quality of life in a well-maintained setting.
Instead of quality care, however, which is required under the law and which residents are made to expect, many nursing home facilities have become places where abuses and neglect or lack of care are often committed. Many of these injurious acts result to malnutrition or dehydration of residents, lack of medical attention and proper care which often result in bedsores, lack of proper hygiene or sanitation, and worst wrongful death. In fact, thousands of abuses and neglect get reported every year; yet, despite this high number, many authorities and experts believe that so many more remain unreported, especially the more sensitive and humiliating cases, like sexual abuse.
In 1987, the U.S. Congress passed the Nursing Home Reform Act protect nursing home residents, as well as to make sure that their needs are always attended to. Through this Act, nursing homes participating in Medicare and Medicaid or which receive Medicare and Medicaid funds, have the legal responsibility of providing services and activities that will allow residents to attain or maintain the highest practicable physical, mental, and psychosocial well-being.
Under federal nursing home regulations, abuse can be any form of act that inflicts injury;, deprives care or service, causes intimidation, results in unreasonable confinement or punishment which, in turn, causes physical harm and/or mental anguish. Neglect, on the other hand, is any intentional or non-intentional failure to provide the necessary care and service that will ensure freedom from pain or harm, or failure to assist a resident during potentially dangerous situations which can possibly result to harm or anxiety.
Many unscrupulous nursing home staff and management often fail in providing adequate care for the needs of residents. Worse, however, is the fact that some of them actively engage in harmful behavior towards elderly individuals. It is the firm belief of Sacramento elder abuse attorneys that residents and/or their loved ones can and should pursue legal action against those responsible for any inexcusable behavior. Nursing home abuse of neglect is a serious problem that needs to be dealt with as soon as possible in order to stop current abuses and to protect future nursing home residents from those prone to committing any more acts of abuse.
Thousands of Americans, every year, as they reach the age of 60, grow weak due to illness, chronic fatigue or gradual loss of muscle strength resulting from aging and/or inactive lifestyle. Often, such weakness necessitates assistance even in the performance of the most ordinary daily chores.
Work, however, renders many family members unable to look after their elders on a full-time basis; thus, families usually resort to nursing homes where they know their loved ones will be provided the time, attention and quality care they have come to need.
During the early part of 2013 there were about 16,000 registered nursing homes in the US which housed more than 1.5 residents. Residents included victims of accidents who required rehabilitation and therapy, young adults with mental or physical disability and, seniors, those aged between 65 and 85 or above. Majority of the residents, besides requiring nursing care, also necessitate assistance in their daily needs, such as bathing, toileting, dressing and eating.
The provision of quality care that skilled nursing facilities ordinarily advertise and boast of seems like a distant reality, though, with all the alarming news of abuses committed against their residents. These abuses are committed by home staff, nurses or co-residents, while types of abuse include financial, physical, mental, emotional or sexual.
Among the different types of abuse, sexual is considered to be the most wicked and degrading, yet the least reported due to the humiliation experienced by victims. This abuse involves fondling, forced nudity, showing of pornographic materials, forcing another resident to kiss or touch the victim and forced penetrative acts. Rather than complain about his/her unpleasant and humiliating experience, only to be suspected of suffering from dementia (memory disorder or impaired reasoning), the victim, usually just keeps silent while convincing himself/herself that nothing has really happened. The unexplained scars and the victim’s over-sensitivity to touch can be indications of sexual abuse which authorities and family members should be more mindful of.
There are different reasons why nursing home abuse and negligence occur. It can be due to: lack in the number of staff, resulting to overworked aides and nurses who grow impatient with all the work and requests of the residents; untrained personnel; and/or, incompetent management. There is only one underlying cause of all these reasons, though: negligence and its continues committance paves the way for more abuses.
To save your loved one from any form of nursing home abuse, it would be good to take them only in a nursing home that has passed the standards of the Centers for Medicare & Medicaid Services (CMS), formerly called the Health Care Financing Administration (HCFA). CMS has evaluated the various nursing homes in the U.S., an evaluation based on quality care, nurse staffing and health inspections. With regard to abuse residents, however, it is necessary to being those guilty of abusive acts to justice – to save your loved one from them as well as others who may end up as additional victims in the future. Your loved one deserves proper care and treatment; any act of abuse or negligence is gross disrespect that deserves punishment under the law.
According to the Bruner Law Firm, “Most nursing homes offer clean and comfortable environments and professional care from their staffs and employees. However, numerous cases of nursing home neglect or abuse occur every year. Injuries sustained or damages incurred as a result of nursing home neglect or abuse should be compensated under state laws, such as Florida law.”
Individuals who developed mesothelioma cancer after being exposed to asbestos might decide to enlist a lawyer upon believing that negligent companies are liable for their illness. Filing an asbestos exposure claim could be beneficial for mesothelioma patients to possibly get compensations they need for expensive treatments.
Though individuals who have developed mesothelioma oftentimes won settlements, working with a well-versed asbestos attorney is also beneficial to possibly identify all the parties that are likely liable for the plaintiff’s asbestos exposure. Identifying all liable parties is important for the plaintiff to possibly get all the financial assistance he or she will need for treatment. There are variety of ways for a person to get in touch with a mesothelioma lawyer. A person may get in touch with a lawyer referred by a coworker who had already filed an asbestos claim, or by searching the internet. Aside from knowing that a lawyer has an expertise in handling asbestos claims, there are also other ways for a potential plaintiff to know for themselves if the lawyer can actually help him or her. A mesothelioma lawsuit lawyer often educates mesothelioma patients about their rights, according to the website of Williams Kherkher.
Make sure to find out if a mesothelioma lawyer has already won settlements and that his or her clients were satisfied with the outcome of such settlements made. A skilled lawyer may give potential plaintiffs the list of clients’ information who were grateful in the outcome of their cases. It is important that a person get important information from his or her potential lawyer by conducting a personal interview. One of the misconceptions about lawyers is that they are intimidating in nature, however, it is critical for a potential plaintiff to know if a particular lawyer may help him or her. Individuals suffering from mesothelioma should not hesitate to ask a lawyer to have their case evaluated. Lawyers that provide details on what to expect upon filing a mesothelioma claim and answers general questions is often a good indicator.
While many accidents are due to an individual’s own neglect, many more are caused by other folks who opt to act negligently or carelessly – kinds of conduct that make accidents entirely avoidable. On its site, the Hankey Law Office highlights the fundamental duty of every American to act only in ways that may never endanger anybody. The firm also makes clear that, underneath the law, people who choose to behave without regard for others’ safety can trigger harm across the method may very well be recipients of a civil case to enable their innocent victim/s (or the victims’ families) to get and receive settlement from them: a right acknowledged and given by regulations.
Wrongful death is the reduction of somebody’s existence expected either to the misconduct or neglect of another. While a litigation might be submitted for the point of seeking justice, this action at law is chiefly for the power of the surviving family members and the decedent’s additional dependents (lawfully known as “real events in interest”). Called a wrongful death claim, this specific kind of individual injury suit is designed to find reparation for whatever pecuniary, or financial, harms the competent dependents may suffer, including loss of financial aid as a result of the passing of the casualty, reduction of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.
There are many different kinds of injury-causing harms which can occur to anybody in almost any area. Included in these are: accidents involving automobiles, including cars, trucks and motorcycles; walking mishaps; bike mishaps; injury because of using defective products; slip and fall accidents, job-related mishaps, occupational exposure to dangerous substances or ailments, traumas due to dental or medical negligence, plane mishap, cruise ship mishap; etc. The damage that one of these injuries can trigger varies; it could possibly be a mild scratch or something serious, for example fractured bones, amputated limbs, head injury, spinal cord injuries, trauma to body organs, etc. Among the most severe harms that any accident may cause, although, besides total incapacity that is long-term, is wrongful death.
A wrongful death lawsuit must have the following components so that you can be productive:
- A person’s passing due to willful misconduct or someone else’s negligence
- Financial injury suffered by the surviving family members because of the sufferer’s passing
- An appointed personal representative for the decedent’s remaining dependents (this person may be a part of the family of the deceased or a lawyer)
The damages which will be considered compensable, the requirements or conditions to be recognized as a professional plaintiff, as well as the statutory limit for the filing of the match, may vary from one state to another.
WEST VIRGINIA – Patients who had taken the anticoagulant, Xarelto, have filed legal lawsuits against the manufacturers for the dangerous side effects that the drug caused. Meant as a blood thinning agent for the prevention of deep vein thrombosis (DVT) in patients of hip or knee replacement surgery, there are claims that Xarelto was the cause of severe bleeding (as well as extremely heavy menstrual flows in women), discolored urine and feces, and physical weakness.
More life threatening side-effects have been seen in cases regarding gastrointestinal bleeding as well as brain hemorrhaging, both seen as caused by the drug. What’s more to it is that according to the claims – as is stated on the website of Williams Kherkher – the manufacturers (Bayer and Janssen, an acquisition of Johnson & Johnson) were aware of the dangerous side effects and yet had concealed this information from both the FDA and the potential consumers of the drug.
There are no procedures in place that are meant to counteract these unwarranted side effects, which could mean catastrophic consequences for the people who suffer them. Severe gastrointestinal bleeding could cause irreparable damage to the victim’s body and brain hemorrhages can cause lethal strokes, if not treated immediately.
Suffering through these consequences is something that should not be something that is easily swept away. After all, this is a situation that could have been avoided if the drug were manufactured without these harmful side effects at all or if the anticoagulant was properly labeled with the side effects that it could cause. There are many costs that come as the consequences of these side effects and these need not be ones that are shouldered by the innocent victim of the given circumstances, which is why victims of Xarelto often choose to pursue legal action.
Zofran is part of a group of drugs called serotonin antagonists (also known as HT3 receptor antagonists, or just HT3s). These are medicines that have the ability to prevent nausea and vommitting by working through chemical processes. The act of vommitting follows a complex pathway, and the purpose of seratonin antagonists is to inhibit that process.
Seratonin is a chemical produced in the brain and the stomach, and acts as a neurotransmittter. In the brain, there is a place called the commiting centre. This is the area that combines signales it receives, and determines if a person will vomit. When a person receives chemotherapy or radiotherapy, cells in the intestine are damaged. Seratonin is then released from these damaged cells, and attaches to nerves that transport vommiting signals to the brain. Here, the vomitting centre receives the signals, along with other cranial singnals, and induces vomit.
Seratonin antgonists come into play once seratonin is released from damaged cells. They actively block them from being transmitted to the brain, thus the vomitting centre is never activated. This way, the likelihood of throwing up post-treatment is reduced.
Active ingredients in seratonin antagonists have different names, as well as the product as a whole. The product’s name is referred to as the branded name, although it is not the actual ingredient that block the seratonin; the active ingredient is what actually blocks the seratonin. Zofran birth defect attorneys frequently make reference to to Zofran’s active ingredient of ondansetron hydrochloride, and its controversial use in areas that don’t pertain to cancer treatment. Zofran is the branded name, however ondansetron HCl is the active ingredient.
While the drug’s efficiency brings relief to patients, the blockage of seratonin’s internal pathway can cause negative side effects. The transmission process of seratonin to produce vomit is technical, but these seratonin antagonists purpose is to disrupt the process for the patient’s benefit.
In the US (and some other countries), the common law grants estate or property owners “surface rights” and “mineral rights” over the land that they own. These rights extend to private ownership of the minerals (like oil, gas and valuable rocks) found on or within the owner’s property, as well as to their legal capability to sell, lease, give these as gift or bequeath these to anyone they want. This private ownership, which is the most basic type of ownership, is more commonly known as the “fee simple estate” and it likewise gives the land owner control over his/her property’s surface and subsurface.
The greatest benefits of the fee simple estate have never been felt more than these recent decades in US history (until now), a time which many experts in the US oil and natural gas industry identify as the “oil shale revolution.”
Oil shale, which is one type of sedimentary rock that is formed through the combination, mainly of silt and clay, usually contains kerogen, a possible source of oil and gas. Through technological advances that enable the combination of horizontal drilling and hydraulic fracturing (one procedure that enables a more effective extraction of oil and gas), production of shale oil and gas in the US has greatly increased, making the nation now a major oil producer, at the same time significantly reducing her dependence on imported energy.
While the shale revolution greatly boosts US’ economy, in general, its effects, particularly on owners of estates where shale may be abundant, are financially rewarding. Many owners have been offered by big oil firms hundreds of thousands to millions of dollars to have their mineral rights sold or leased. Leasing mineral rights can mean really big cash, but earned progressively over the years (assuming, of course, that the property is capable of producing oil or gas, because if it isn’t, then the owner might just as well kiss his/her chances of earning, goodbye). Deciding to sell mineral rights, however, would mean cash up front, the amount of which depends on where the property is situated (one company is known to have made an offer of four million dollars to one family to have its mineral rights sold and an even higher amount to another family). Selling his/her mineral rights, the owner should know, is never dependent on whether the land is actually productive or not – the buyer will need to discover this still. Thus, if the estate, eventually, proves unproductive or produces much less than expected, such is a loss for the company, which made the purchase, and not for land owner or seller, who have suddenly become millions of dollars richer.
But to make sure that the owner of mineral rights decides rightly on whether to lease or sell, it is best that he/she consult with a legal professional first so that he/she will surely end up having millions of dollars in the bank instead of a million friends in a bar or a party.
Crane collapses are a common cause of injury on the work site, and can be prevented through daily inspection of the crane. While it can be extensive and tedious, proper maintenance prevents a vast array of injuries on the work site. Workers can be seriously injured when cranes collapse, and in most cases they’re lucky to come out with minor injuries. There are several routine steps that should be taken by the responsible overseer to ensure that cranes are operated safely.
Hach & Rose, LLP explain on their website that there are three major inspections to make which involve the structure itself, the wire rope, and the hydraulic system of a crane. Primarily, if the structure as a whole has visible problems while turned off, fixing these them is the first step in maintenance. This could include anything from checking for loose bolts to worn parts; it is a basic survey of the crane as a whole.
When checking the wire rope, several points to consider are its lubrication, stability, and length. Dry ropes can wear easily, which produces problems unable to be detected by the inspector. Different manuals will specify as to lubrication techniques per rope, and should be followed accordingly. As far as stability and length, all parts of the rope should be thoroughly looked over before turning the crane on. No rope should be torn, snared, or weak, and all should have a proper length to diameter ratio. Defective ropes can cause damage when the diameter is not wide enough to support its length.
Another pertinent aspect is the crane’s hydraulic system. They should not leak, the pumps and hoses should work properly, fluid levels should be checked, and the system should be kept clean and sanitary. Leaks or malfunctions in the hydraulic system can be the source of serious accidents.
While there are many other detail oriented procedures in maintaining a crane, these are several big points that can cause the most damage. Crane manufacturers should provide checklists and maintenance log books in their system’s manual. Following the procedures on the checklist should be performed multiple times a day, when the crane is on an off. Problems found when the crane is off can indicate a malfunction that can cause potential harm as soon as it is turned on. If you have been involved in a crane accident as a result of a damaged crane, you may be able to receive compensation for damage inflicted.
A cardio-thoracic surgeon in Philadelphia whose wife developed leiomyosarcoma (a virulent type of cancer) after she underwent a routine hysterectomy using power morcellators launched a petition to ban the device for gynecologic surgical use. Currently, the petition has gained the support of more than 80,000 people. The petition needs 1 million supporters before it can be sent to the US president and 10 other influential people, including the head honchos of the American Board of Obstetrics and Gynecology and American College of Obstetricians and Gynecologists.
Morcellator side effects lawyers will be deeply interested in the outcome of this petition as it provides them with more leverage when arguing the case for their clients. Power morcellator side effects primarily refer to the spread of unsuspected cancer cells which is apparently activated (the petition refers to it as “upstaging”) when tissue is morcellated.
Morcellators are medical devices that are typically used in minimally-invasive gynecologic surgery such as the removal of seemingly benign fibroid tissue. Morcellators are designed to penetrate to the target tissue through a small incision in the abdomen, eliminating the need to make a larger opening when using conventional methods. This results in faster healing and smaller scars. Unfortunately, there is evidence to suggest that morcellators inadvertently causes otherwise dormant cancer cells to spread, and quite quickly. Those diagnosed with suspected morcellator-caused cancer manifest the disease shortly after the surgical procedure, and typically live no longer than 3 years after onset.
According to the petitioner, these adverse outcomes can be prevented quite easily by avoiding the use of morcellators for hysterectomies and fibroid removal altogether. However, until the petition succeeds or the device is removed from the market for whatever reason, women continue to be at risk.
If you have already been put at risk and reaping the consequences of morcellation, you could at least be eligible for compensation. Find morcellator side effects lawyers to help you in this issue. You may also want to consider signing the petition to support the ban and preventing others from becoming victims as well.