Medical malpractice: nursing home neglect

There are many different kinds of medical malpractice. To name a few, birth injuries, misdiagnosis, dental malpractice, and improper or delay in treatment. One form of medical malpractice is nursing home neglect. We put our loved ones in nursing homes so they can receive 24-hour care. We put our loved ones in nursing homes so there can be nurses constantly on staff, and so we do not have to worry about our loved ones the way we would worry if they are at home unattended. So experiencing nursing home neglect is a huge slap in the face, and a major form of medical malpractice.

Nursing homes can be tricky to sue against, being that it is very likely that the patients are dying of old age regardless. So if you feel that your loved one died wrongly in a nursing home, it is important to get an experienced lawyer who knows exactly how to fight on behalf of your loved one.

Medical malpractice within nursing homes exists in many forms. Lack of food and hydration, medical needs not being met, neglect of hygiene, lack of assistance in motility, and even inadequate social time, are all forms of medical practice. There are many signs to look for if you believe your loved one is being neglected in their nursing home. Including, but not limited to, bruises, bed sores, broken bones, dehydration, malnutrition, infections, withdrawal from social interactions, emotional outbursts, dirty clothes, or if the nurse will not let you be alone with your loved one.

You put your loved one in a nursing home so you would not have to worry about them, yet here you are concerned for their well being, and justice must be served. According to statistics from Nursing Home Abuses Guide, “almost one out of every ten elderly individuals will experience some form of elder abuse.” With these whopping statistics, it is important to know that there is something that can be done. While monetary compensation will not bring your loved one back from the dead, or ease their pain of neglect, it can prevent these medical malpractices from occurring again, and hurt someone else and their family.

No one expects to be treated poorly in a nursing home. The people who work in nursing homes work hard to present their establishment as a safe place full of love and nurturing. However, these things can merely be a facade as there is neglect behind the scenes. Justice, monetary compensation, and precedent are all things you can get from these cases, so do not be afraid to hire a lawyer and fight for what you deserve. Lawsuits can be long, complex processes filled with legal jargon and times of defeat, so you need someone experienced and supportive, like a lawyer, on your side. You should be focusing on either comforting your elderly loved one, or grieving a loss, rather than dealing with the legal side of this unfortunate circumstance, so let your lawyer take care of the legal side while you and your loved ones heal.

Important Aspects of Safe Driving

We all see it on the news – car accidents, property damages, serious injuries, and worst of all, deaths. More often than we would like, car accidents inflict enough force to injure or kill someone, and the situation is much more tragic if that someone is an innocent person. In fact, according to the website of Ali Mokaram Lawyer, these cases may even be taken to court.

But preventing car accidents is a much better option, no matter how you look at it, because you won’t have to deal with the repair costs, medical bills, attorney fees, and compensatory fees for the innocent parties you have involved. Car accidents can be significantly avoided by making the effort on the following aspects of safe driving.

Alertness

You will never know when a thing that can trigger an accident will come up. This thing can come in many forms, like a vehicle suddenly swerving or beating the red light, a pedestrian suddenly crossing the street, or an obstacle or debris that shouldn’t be on the middle of the road.

You should be alert enough so you can react properly to these things. To be alert, you should avoid distractions such as mobile devices, impairments such as alcohol and drugs, and physical conditions such as fatigue and sleepiness.

Speed

One of the most common reckless driving behaviors is speeding, because its risks are often overlooked, when in reality, these risks are arguably the most dangerous. If you are driving in a speed that is more than is necessary, you may not have the proper alertness to react on time, or even react for that matter, on road stimulus, not to mention that your vehicle is more likely to lose control, particularly the tires.

Vehicle Maintenance

Speaking of the vehicle itself, maintenance is also an important aspect in safe driving. There are times where a poor vehicle condition puts you more at risk of accidents, even if you are driving with good alertness and adequate speed.

The most important areas you should maintain are the brakes, tires, and safety measures like airbags, door latches, and seatbelts.

Visibility

Visibility is also an important aspect of safe driving for obvious reasons. You can’t really avoid danger without proper vision, not to mention that you can lead yourself to danger without it. Good vision of the road includes your physical condition, in the sense that you should always have your eyes on the road and you are not distracted by billboards and other visual disturbances, and your physical surroundings, in the sense that your dashboard and windshield should not be obstructed by unnecessary objects that can compromise your line of sight.

The Most Dangerous Car Accidents

Car accidents are some of the most common fatal accidents in the United States. This is not surprising, considering that vehicles often travel fast enough to translate into impacts that are significant enough to seriously injure or kill someone.

Head-on Collision

Head-on collision is arguably the worst car accident. It happens when the front ends of two vehicles crash into each other. It is the worst car accident because the drivers are near the source of the impact, so the accident is typically fatal.

Common Causes

  • Swerving into the opposite lane to overtake a vehicle
  • Veering into the opposite lane accidentally, like during a turning maneuver
  • Driving the wrong way

Rear-end Collision

Rear-end collision is also a very common car accident. It happens when the front end of a vehicle crashes into the back end of another. Typically, rear-end collisions happen because of braking issues or being too close to a vehicle in front of you.

Common Causes

  • Tailgating
  • Abruptly braking
  • Driving too fast, resulting into limited reaction time

T-bone Collision

A T-bone collision typically occurs when a front end of a vehicle strikes the side of another, mainly because of right of way issues between adjacent roads.

Common Causes

  • Running through red lights
  • Rushing through yellow lights
  • Failing to yield to stop signs

Rollover Accident

A rollover occurs when a vehicle turns over, landing either on its wheels, roof, or side. Rollovers are also some of the deadliest, because of the possibility of ejecting and entrapping motorists.

Common Causes

  • Abruptly braking during a curve or turn
  • Crashing from an elevated area
  • Colliding with another vehicle
  • Losing control during a curve or turn

Solutions

Preventing car accidents is pretty simple. You just have to follow traffic rules, avoid reckless behaviors on the road, and be alert of possible dangers. But despite the simplicity, car accidents still happen. This is because of the lack of knowledge. The first step to prevent car accidents is knowing the different kinds of accidents and the possible risks associated with them.
Car accidents do not just translate to medical bills and repair costs, because according to the website of the Law Offices of Ronald J. Resmini, LTD., those who have been injured in car accidents may take legal action. This means that the financial burdens do not just end in doctors and mechanics, because you also must think of lawyers and judges. This is more reason to stay safe on the road.

Nursing Home Abuse and Its Signs

Nursing homes are there to provide care and nourishment for our loved ones, but there are instances where they can be places of abuse and neglect. This can happen because of many reasons, like unprofessional medical employees and insufficient medical facilities. But whatever the reason may be, your loved ones do not deserve to be treated badly.

Physical Abuse
Physical abuse is one of the most common kinds of abuse that happen in the nursing home, especially because the elderly population are physically limited to defend themselves or communicate their situation to others. If your loved one has unexplained wounds, he or she may be suffering from physical abuse. Most physical abuse incidents happen when the medical employee tries to restrain your loved one, so give special attention to injuries from ropes and straps.

Sexual Abuse
Believe it or not, even the old are vulnerable to sexual advances. If your loved one has difficulty walking, standing, and sitting, unexplained wounds particularly in the reproductive and hip area, and unwarranted sexually transmitted diseases, he or she may be sexually abused.

Emotional and Psychological Effect
Any kind of abuse can have an emotional and psychological toll to your loved one. Be wary if your loved one suddenly has sudden mood changes, especially when they happen when a particular medical employee is around. Other effects include withdrawal from social interaction, anxiety, depression, and post-traumatic stress disorder.

Neglect
Neglect can also be considered as a form of abuse. It can have many manifestations, such as neglect in terms of hygiene, medication, and nutrition. If your loved one has hygiene problems, seems dehydrated or malnourished, or seems to have a worsening medical condition, he or she may be neglected in the nursing home.

According to the website of the personal injury lawyers of Truslow & Truslow, getting hurt, disabled, or killed because of the negligence of another party may warrant a personal injury case. In this instance, the negligent party is the nursing home and its employees. Do not be afraid to step up, especially because the law is on the side of the victims.

But to avoid the hassles of medical bills, attorney fees, and wasted time in courts, it is best to inspect the nursing homes before putting your loved ones there. Make sure that the nursing homes have the adequate employees and medical facilities, because your loved ones deserve to be treated with dignity.

Understanding The Basics of Sexual Exploitation of a Minor

When an adult takes advantage of a minor’s innocence, they can be held criminally liable for sexual exploitation of a minor. A Nashville sex offense lawyer will tell you that the punishment for such acts will range from Class C to Class B felony. Sexual exploitation of a minor takes place when a person who is more than the legal age engages in sexual contact of a person under the legal age for sex.

Sexual exploitation of a minor is defined as the use of a child for the purpose of pornography. Under the law, an individual is guilty of the act if the following elements are satisfied: 1) the person knowingly produces, possesses, or possesses with intent to distribute child pornography; 2) intentionally distributes or views child pornography; 3) if the defendant is the minor’s parent or legal guardian, they knowingly consents to or allows the minor to be sexually exploited.

Sexual exploitation of a minor carries with it a severe punishment. For instance, if the minor is below 14 years old, the adult is committing a Dangerous Crimes Against Children or DCAC. For a first offense, the punishment may include a minimum of 10 years up to 24 years in prison and presumptive 17 years. If the individual has a prior conviction of a predicate felony, the sentence could go up to a minimum of 21 years, presumptive of 28 years, and a maximum prison sentence of 35 years.

Once you are convicted of sexual exploitation of a minor, you will be required to register as a Sex Offender for the rest of your life. In addition, you will not be allowed to have any contact with any person below 18 years of age including your children. You will need to undergo a series of tests and must seek the consent of your Probation Officer. For this reason, sexual exploitation of a minor are referred to as “life-enders.”

If the minor is aged 15 – 17 years old, they are not sentenced based on the DCAC statute. A first time offender will be charged with a Class 2 felony and may be subjected to probation with zero to 1 year imprisonment. If the adult has a previous conviction, the jail term becomes 4 ½ years to 23.25 years. For two previous convictions, the jail term becomes 10.5 to 35 years.

Receive Workers’ Comp Benefits or Pursuing Further Legal Actions?

For all those whose work is their main source of livelihood, any type of work-related injury or occupational disease that will incapacitate them will definitely result to crippling financial consequences that can only worsen the life situation of an injured and his/her family. The problem with injury is, just when wages have been cut due to inability to report to work, the staggering medical bills come in. This is what makes many injured workers forgo medical care; however, forgoing medical treatment can result to longer recovery period, extending, likewise, the days of inability to return to work.

The passing into law of the Workers’ Compensation Benefit in 1908 proved to be a major help for workers who figured in accidents while performing their job or who developed any disease due to daily exposure to, or contact with, hazardous substances. This state-mandated benefit, which is in the form of an insurance program, was established to provide sure and immediate wage replacement and medical benefits; it was also designed to cover disability, vocational rehabilitation and death.

The many fraudulent claims in the past, however, have led to strict evaluation of claims applications, resulting to denied claims even if the mistakes were simply technical in nature, such as a missing signature or a missed box.

By availing of Workers’ Compensation benefits, though, an injured worker would be relinquishing his/her right to file a tort suit against his/her employer to further seek compensation. This is because Workers’ Comp was established as a trade-off: receive the benefits, but give up your right to sue your employer. However, a injured worker may rather decide not to avail of the benefits for the right to pursue legal action against his/her employer. This is the path taken by those who are confident that they can prove that the accident was intended by their employer, that the employer does not carry Workers’ Comp or, that the injury is too severe or leads to death, so that the amount of benefits offered does not fully cover the damages suffered.

According to the Scudder & Hedrick, PLLC, law firm, while allowing workers to receive compensation for any accidental injury is truly a huge benefit, making sure that accepting this benefit is equally important. Seeking legal advice which will help clarify a victim’s rights and legal options may be a necessary move.

Common Causes of Manufacturing Plant Accidents

The manufacturing sector plays a crucial role in the economic growth of a country. The sector is designed to produce a wide variety of goods in the food and beverages, chemicals, machineries, and others. While there may be safety measures already in place, accidents still happen from time to time. Manufacturing plants are filled with risks that can cause injury or death to a worker. According to the website of Ali Mokaram, industrial accidents can often be devastating.

There are several causes of manufacturing plant accidents. It is important for employers to understand them so they can take the necessary steps in preventing or reducing the likelihood of these accidents happening in the future. Here is a look at some safety concerns in a manufacturing setting.

Human Error

Most manufacturing plant accidents were caused by human error. Many of the accidents were the result of the worker not following safety procedures that are already in place in their company.

Improper Training

When personnel who do not have the proper training are tasked to handle machines and equipment, accidents are bound to happen. Thus, workers should be trained on the proper handling of the equipment according to the way it was designed to be used.

Manufacturing Defects

Accidents that happen in a manufacturing plant may also be the result of equipment malfunction. Although these machines are tested and undergo quality control, they can still fail. This is especially true if the quality control is handled by one of the workers.

Improper Maintenance

Not properly maintaining machinery and equipment is a recipe for disaster. Machines can be subjected to wear and tear hence should be regularly maintained. They should be properly inspected to ensure that they are running smoothly and safely.

Bearing in mind these causes can help in reducing injuries and accidents in the manufacturing plant. This way, you can free yourself from having to pay workers compensation and damages should an injured worker file a lawsuit.

Common Causes of Whiplash

During car accidents, drivers and other car occupants become vulnerable to many kinds of injuries, from minor bruises to severe harm, which can include broken bones, internal injuries, traumatic head injury, or injury to the spinal cord, face, or neck. The type of injury to the neck that car occupants most commonly sustain, according to the American Chiropractic Association (ACA), is whiplash, which can refer to damaged ligaments, tendons, muscles and other soft tissues in the neck area.

Whiplash is caused by a sudden, forceful blow which causes the head to jolt back and forth or sideways. The movement of the neck that is caused by this force makes goes beyond the neck’s normal range of movement. As a result, the ligaments, tendons and muscles are overstretched. Being rear-ended by a speeding vehicle can definitely result to a serious whiplash injury; however, even vehicles running only between five and 10 miles per hour can already cause whiplash . In fact, most whiplash injuries are caused by vehicles running at said speeds.

About 120,000 individuals in the US sustain whiplash injuries each year. Generally, the symptoms of whiplash become manifest within hours of the accident; however, there are cases when symptoms are delayed for several days. Symptoms of whiplash include: headache at the base of the skull that radiates towards the forehead; nausea, dizziness, lack of energy, blurred vision, difficulty swallowing, pain on the shoulder and arms, swelling at the neck area, and back pain.

While X-rays of the neck after an accident may be recommended, there is no assurance that this will show possible sustained injuries, especially a torn ligament. It is, therefore, very important that the injured be observant of the symptoms associated with whiplash.

The majority of rear-end crashes are due to tailgating, or inattentive or distracted driving. As made clear on the website of the Sampson Law Firm, tailgating another vehicle and allowing oneself to be distracted while behind the wheel are examples of reckless road behavior.

Brain Trauma Lawsuits

Traumatic brain injuries, called TBI, are caused by strong impact to the top, crown of cranium with such power that it rattles the conventional purpose of the mind. The website of Milwaukee injury attorneys discusses the serious cognitive impairments, including learning skills and thinking skills, despite the patient’s age if experiencing a brain injury.

There are amounts of seriousness when it comes to TBI: a light traumatic brain injury which does not need quick and further remedy will not require a suit to be submitted from the one who triggered the harm, while moderate and serious cases of traumatic brain injuries (where patients suffer major harms and/or deficits that might affect their quality of life) can be grounds to get a brain injury lawsuit.

For all runs of age, the leading reason for traumatic brain injury is slip and fall incidents, although they might be due to numerous points from sports injuries to products that are defective to automobile accidents. Depending on what brought concerning the trauma, an individual (or parent/guardian of the patient) can produce quite a few lawsuits for compensation – accidental injury litigation to products that are defective. The key component in a traumatic brain damage lawsuit will be to demonstrate that carelessness (both the action or inaction) on the part of the offender (or “the one at fault”) is the origin of the harm.

The effects of a traumatic brain injury do not immediately demonstrate upon first check-up, in order that it ought to be noted that “delayed-onset symptoms” must be tracked in a patient who has endured traumatic brain injuries. Signs might demonstrate after a couple of hours as well as a few days following the injury was sustained.

To be able to acquire a mind injury lawsuit, an individual must always be certain you gather evidence – establishing the negligent actions of the man at the problem of the injury, testimonies from witnesses and news reports, health records, and police records, together with other important signs ought to be introduced and stored. Such complete evidence can be adequate proof to establish the situation.

Anticoagulant Drugs and Excessive Bleeding

Blood clots play a crucial role in the regulation of our body’s cardiovascular system. Without the body’s ability to form blood clots, we might suffer excessive blood loss anytime we get a wound or a cut. The body’s ability to solidify or coagulate the blood in the area where our vessels have been damaged is a life-saving component. Unfortunately, certain medical conditions can complicate this ability and cause blood clots to abnormal form and occur. In such cases, the blood clot ends up blocking the regular flow of blood in the body. This leads to life-threatening conditions such as heart attacks, strokes, and organ failure.

Patients with conditions that affect their body ability to normally form blood clots can mitigate these dangers by taking anticoagulant drugs. More commonly known as blood thinners, these drugs prevent blood clots from forming in various ways. The new generation of anticoagulant drugs works by slowing down the production of certain proteins and enzymes that trigger blood clot formation. The leading brand for such a treatment is called Xarelto, introduced by the Johnson & Johnson subsidiary, Janssen Pharmaceuticals several years back. While the drug was initially approved by the Food and Drug Administration to prevent deep vein thrombosis in patients that have undergone orthopedic surgery, Xarelto has since been widely used as a prevention method for pulmonary embolism, atrial fibrillation, and patients that have undergone artificial heart valve surgery.

While Xarelto and other similar drugs have proven to be effective for a significant number of patients, there are some that have reported experiencing adverse side effects. While excessive bleeding is a common concern for any anticoagulant medication, such concerns with older drugs can be easily addressed with antidotes. Unfortunately, the same solution is not available for Xarelto and other new generation drugs.

According to the website of Williams and Kherkher, there have been plenty of cases where patients suffered from gastrointestinal bleeding and brain hemorrhaging due to Xarelto side effects. As a result, the defective pharmaceutical lawyers emphasize the need for manufacturers to be upfront about the effects of their products. Full disclosure is necessary to ensure that patients are able to make a safe and informed choice with their physicians.