When families send their elderly loved ones to nursing homes, it is assumed that they will be given the utmost care for their health and well-being. Unfortunately, these facilities have become a haven of abuse and neglect of the elderly residents. When nursing homes fail to live up to the standard of care required from them, the elderly resident can be subjected to serious injury. Here we will look at the common signs of nursing home negligence:
Toronto nursing home neglect lawyers will tell you that abuse can arise from several factors. Some of the common signs of neglect may include the following:
Poor personal hygiene. Due to their old age and failing health condition, senior citizens may no longer be able to take care of their personal hygiene. They already require assistance with dressing up, brushing their teeth, and other personal hygiene issues. When the elderly resident is neglected and left on their own, chances are they will not be able to manage their personal hygiene needs.
Unsanitary living conditions. Nursing homes also have the duty to keep living conditions safe and clean. Federal law requires that nursing homes should “establish and maintain an infection control program to ensure a safe, sanitary, and comfortable environment for its residents.” The law also requires that they must comply with state requirements for safety and security.
Physical issues due to lack of nutrition. Studies have revealed that about 20 percent of international nursing home residents suffer from malnutrition. As a result, they could experience different kinds of physical problems such as depression, difficulty swallowing, and dehydration.
Loss of mobility. Nursing homes should provide residents with an area where they can move around, exercise, and stay active. Nursing home abuse may cause the resident to be bed ridden for a long time which may lead to loss of mobility.
These are just some of the signs that an elderly resident is being abused by the very facility entrusted to care for them.
Stairs can help individuals move up from one floor to another. For this reason, property owners must ensure the safety of their property and one of them is a structurally sound stairs. Although quite rare, stair accidents do happen when the property owner failed with their duty of ensuring the safety of their premises. The website of Abel Law Firm revealed that unstable stairways can cause serious injuries or even death.
Stair collapse is considered as a “slip and fall” accident and as such is governed by rules on these kinds of accident. In determining liability, the principle of “comparative negligence” is used. Here are some of the most common causes of stair collapse.
A hidden danger in stairs is worn down carpet or wood which contributes to making the “run” part of the stair dangerous. Often a slightly worn stair is more dangerous than an obviously worn stairs because they are unlikely to be noticed by people. Some stairs are made from tile or highly polished wood making them more dangerous than stone.
Wet or Icy Outdoor Stairs
Outdoor stairs should be designed and maintained to prevent excessive buildup of water or ice and should have surfaces that should not become extra slippery when wet. While people should be careful during extreme weather conditions, it is still the duty of the owner to make their premises safe.
Building Code Violations
Every state and county has a building code that needs to be implemented and this code governs stairs. Most codes require the use of handrails and if the lack of handrail led to your fall, the owner can be held liable for your injury for violating the building code.
Building codes also regulate the height or depth of each step of the stair. The vertical part of each step is called “riser” and the horizontal part is called the “run.” If the measurement of both violates the building code, then the stairs are defective.
The kinds of disabilities or medical conditions that the Social Security Administration (SSA) considers serious enough include:
- Cardiovascular system disorder;
- Digestive system disorder;
- Endocrine system disorder;
- Genitourinary impairment;
- Hematological disorder;
- Immune system disorder;
- Impairments that affect multiple body systems;
- Malignant neoplastic disease;
- Mental disorder;
- Musculoskeletal system disorder;
- Neurological disorder;
- Skin disorder; and,
- Special senses and speech disorder.
America’s working group (whose jobs are covered by Social Security) and certain individuals whose disability is included in the list above or who has a health condition, which SSA would find very serious, may be eligible to receive cash benefits from any of the Federal government’s two largest programs: the Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) .
Social Security Disability Insurance (SSDI) benefits are paid to insured members who are totally disabled. By “insured members,” it means individuals 65 years old or below, who have worked long enough or recently enough, and have earned the SSA-required number of credits through payment of Social Security taxes or Federal Insurance Contributions Act (FICA) taxes (four credits earned every year).
“Disabled,” on the other hand, refers to a type of total disability (including the conditions listed above) that: (i) renders an insured member incapable of performing his/her previous work or any other work; (ii) has lasted for a year or is likely to last for at least a year; and, (iii) can be expected to result in death.
Supplemental Security Income (SSI) program, meanwhile, pays cash benefits to: disabled adults and disabled children (below 18 years old) who have limited income and resources; and, people 65 years old or older who may not have any disability, but who meet the financial limits set under the federal benefit rate (FBR).
As explained by the Hankey Law Office, people suffering from short-term disability are not eligible to receive disability benefits from Social Security; they may receive the cash benefit from their personal insurance provider or, if their disability was sustained while working, from the Workers’ Compensation program.
A trucking accident is almost always severe considering its size compared to other vehicles. According to the website of Ausband & Dumont, accidents caused by a reckless or negligent truck driver always carries a wide range of consequences ranging from medical bills, lost wages to physical and emotional trauma. It is worth noting that an average passenger car weighs 4,000 pounds as opposed to the more than 80,000 pounds of a semi-truck. So when a car gets involved in a crash with a truck, the result is almost always devastating.
When trying to recover the damages, cases would always point at who was responsible for the collision. While the truck driver is often considered as the liable party, this will not always be the case. There are other parties that could contribute to the accident. For example, the accident may have been due to a defective brake, then the fault should not be pointed on the driver but the manufacturer of the truck who failed to ensure that the brake was in good working order.
There were even times when trucking companies tried to avoid any responsibility for trucking accidents. There are several ways they can do this:
First, they apply for the required permits to operate the truck. The company does not own the tractor, trailer, or equipment and instead leases them from another company. They also do not employ the truck driver but hires them as independent contractors from the leasing company.
The trucking company will then give the leasing company its name and its permit number. Once the truck gets involved in an accident, the trucking company will then argue that the driver is not their employee and they do not own the equipment. To remedy such situation from happening, Federal laws now make trucking companies liable for any accidents whether or not the driver is an employee or independent contractor.
When proving liability, the plaintiff must show that the defendants erred in their duty of care and hence should be made to pay for any damages.
Transvaginal mesh was supposed to correct pelvic organ prolapse (POP) or stress urinary incontinence (SUI). Permanently implanted in the vaginal wall of a woman, transvaginal mesh supposedly helps in the treatment of POP and SUI. Both conditions can be debilitating which is supposed to ease with the transvaginal mesh. However, this has not been the case as more women experienced serious complications instead of get treated.
According to the website of Williams Kherkher, recent studies and reports have showed that transvaginal mesh is far less reliable and effective than it used to claim. As of 2015, a total of 70,000 lawsuits were filed against mesh manufacturers. Most of those who filed the case alleged that mesh manufacturers were legally bound to ensure the safety and effectiveness of their products. However, they misled patients by giving them false information. Today, there are over 49,000 lawsuits filed against seven mesh manufacturers in the state of West Virginia alone.
The biggest complication of transvaginal mesh failure is erosion or organ perforation. The former can be extremely painful because it can affect a woman’s soft internal tissues. At the same time, it will require multiple surgeries to repair and there is no assurance of a fix. A defective mesh can protrude to nearby organs such as the bladder.
Another painful side effect of transvaginal mesh failure is organ perforation. When it erodes it can cause organs such as the bladder, urethra, or rectum to puncture. Severe cases of organ perforation can result to infection and difficulty in breathing. Once they puncture, the organs can leak urine or waste into the bloodstream which can cause septic shock. It may include other complications such as:
- Severe pelvic, genital, or groin pain
- Recurrence of prolapse or incontinence
- Nerve damage
- Vaginal scarring
- Neuro-muscular problems
- Blood in the stool or urine
Finding a job can be difficult nowadays. Even if you have the best skills with the most impressive credentials, there is still no assurance that you will be able to land in a job that you have long targeted. With a criminal record, the prospect of getting a job may be bleaker. Figures from the National Employment Law Project revealed that 1 in 4 Americans have arrest or conviction records which make applying for a job a real challenge.
A Westchester criminal defense attorney will tell you that your career will depend on your criminal case. Although you may have served out your sentence, there is still a stigma of being a criminal once and employers will take a look at this when you apply for a job. In most states, public agencies and certain private companies conduct background investigations on prospective employees. The potential employer will be able to obtain information regarding past criminal records.
The good news is that a criminal record will not exclude you from finding employment. Depending on the kind of work you are applying and its location, it is still possible to land a job to get you off your feet after criminal conviction. The type of crime you committed will make you disqualified for certain jobs. For example, you were charged with a financial-related crime so it is unlikely that you will work in a financial company such as in insurance or banking.
Another factor that may work in your favor is the amount of time that the crime has been committed. In some states, there is a limit to the amount of time on considering the criminal record. Other states, however, consider at past convictions even if it is as old as 20 years ago. Likewise, most employers consider it illegal to immediately and totally disqualify applicants with a criminal record.
The best advice that a New York City employment attorney will give you is to have a friend or family who knows you vouch for your character. Another way is to provide excellent personal or professional references from people who knows your personality.
A criminal record can have an impact on your ability to land a job. However, there are ways you can still get a job even with a history of arrests or convictions.
There are many factors that can damage our hair. Exposure from the sun and using a wide range of styling tools can contribute to your hair drying out and damaged. The good news is that there is still something you can do to restore the shine and luster of your hair. Therapy Hair Salon offers a wide range of services that will keep your hair your best asset. Here are some tips for keeping your hair in the best condition.
- Use Over-The-Counter Conditioner
There are many products available on the market that can help you maintain moisture in your hair so look for one that is right for your specific hair needs. For kinky hair, look for a product designed for such kind of hair. For fine hair, look for products described as “light” or “weightless.” Choosing a brand with heavier oil will make your hair look as such.
- Wash your Hair
Use a gentle shampoo. Avoid brands made with sulfates as they will remove the hair’s natural oils resulting to dryness and breakage.
- Apply the conditioner
Squeeze a drop of the conditioner about the size of a quarter and apply the product into your hair halfway down the shaft and going down to the tip of your hair. Give more attention to the tips as they have the tendency to become drier than the rest of the hair. For even distribution, use a wide-toothed comb.
- Allow The Product to Set In
Let the product set in by at least leaving it for 10 minutes. Depending on what you are using, you may have to leave it longer but should take effect in less than 30 minutes. You can keep the conditioner in place by covering your head with a plastic shower cap.
- Apply heat
Some products recommend a hair dryer to heat up your hair and allow more absorption of the hair. Keep the dryer at low setting.
- Rinse with cool water
Rinse your hair with cool water to tighten the hair shaft and keep it looking shiny. Use a towel to dry your hair and let it air dry before styling.
Just follow these tips and your hair will look shiny and bouncy.
Drunk driving is considered as a felony in some states. This means that you can be criminally liable and the offense can go into your driving record. The effects of drunk driving can be far reaching as it will not only affect the driver but also passengers especially if they become injured or gets killed. In any case, you will have to get help from a drunk driving lawyer to defend you.
DUI, DWI, or OWI, whatever it is called can have life-altering consequences. According to the Law Offices of Mark T. Lassiter, drunk driving is associated with a wide array of consequences. It may have serious personal and professional consequences which could be one of the following:
With a DUI arrest, your license is likely to be revoked. Even if you are not convicted in court, the Department of Motor Vehicle will still suspend your license if tests prove that you exceeded the BAC limit of .08%. The length of suspension will vary depending on the state. However, if you are a first-time offender, your license will be suspended for 30 days in some states while others might suspend it for a year. Prior offenses will merit longer license suspensions. For third or fourth offenses, some states might permanently revoke your license.
If you are a first time offender, you might spend a considerable jail time. In some states, the mandatory jail time is from one day to a week. For second and third offenses, the minimum is at least 48 hours up to 90-days.
Fines and Penalties
The associated fines will vary from one state to another. Aside from fines, there will also be other fees that the offender will have to pay. For example, some states require license reinstatement and court fees.
Ignition Interlock Devices
In other states, DUI offenders will be required to install ignition interlock devices. This is an alcohol-detecting machine connected to the car’s ignition system. The car will not start unless the driver blows into a tube with an alcohol-free breath. If the device detects alcohol, it will record the positive test and notify the police or probation department.
The good news is that you can have your DUI record scratched off from your record. You can ask the help of a Dallas expunction lawyer to wipe your slate clean so that it will no longer have any effect on your life.