Negligence resulting in Nursing Home Abuse

The elderly are usually physically delicate, and falling from a relative low height can cause fractures and other injuries. Nursing home staff members are supposed to prevent residents in their care from such incidents. In most jurisdictions, failing to adequately monitor and assist residents may constitute nursing home abuse due to neglect.

Many nursing home residents are put there to make sure that they are safe. It is the duty of nursing home facilities to ensure that the property is a safe environment for the elderly to prevent falls. Staff members are also supposed to be trained in fall prevention techniques and to always keep an eye on their charges whenever they are up and about.

In far too many cases, however, both nursing home facilities and staff fall short of their duty of care.

The Centers for Disease Control and Prevention (CDC) report that resident of nursing homes are more likely to be seriously injured, disabled, or die as a result of falls than those who are living in their own homes or in a regular community. The higher risk of falling in nursing home residents may be due to progressively weaker muscle tone because of lack of exercise, a side effect of the medications they are administered, ill-fitting footwear, or an unsafe living environment such as steep stairs, sharp table edges, high beds, or slippery floors.

According to the website of Resmini Law, injuries sustained in a fall are poorly assessed and managed in many cases. This can lead to complications that can escalate to serious consequences for an enfeebled constitution, which is prevalent among the aged.

There is no excuse for these falls. Many are preventable if nursing home staff and health professionals observe a minimum attendance to their duties. If you or an elderly loved one sustained a preventable fall that led to serious injury, it is your duty to bring it to the attention of the proper authorities. You may also be eligible to get compensation. Consult with a nursing home abuse lawyer in your area for more information.

Age Discrimination in Employment Act of 1967

In 1967 President Lyndon B. Johnson signed into law the Age Discrimination in Employment Act (ADEA), which prohibits forbids employment discrimination against anyone aged 40 or above. This law is mandated on employers who have, at least, 20 employees. Through ADEA, the following are, likewise, prohibited:

  • Discrimination against job applicants and employees in hiring, wage, job promotion, termination of employment and layoffs
  • Mention of age preference and limitations in job advertisements
  • Denial of fringe benefits to older employees

ADEA addresses the problem of age discrimination that has been prevalent for so long. This age-old concern of the

US Equal Employment Opportunity Commission (EEOC) partly stems from employers’ belief that older workers are usually over-qualified, harder to train, are not as agile and active as younger individuals, and are prone to bailing out as soon as a better job offer is given them.

According to the website of employment law firm Cary Kane, LLP, besides prohibiting discriminatory acts based on age, ADEA also prohibits harassment of older employees, which may be committed, for example, through offensive and/or unpleasant remarks regarding a person’s age. While simple and light teasing are not prohibited by any law, these acts, if done frequently and result to the creation of an offensive or hostile work environment, lead to unfavorable employment decisions, such as demotion or firing of the older employee, can be considered harassment and, thus, a violation of the mandates of ADEA.

In cases wherein a job advertisement specifies an age limit, resulting to the actual hiring of a younger individual instead of an older applicant, so long as age is a “bona fide occupational qualification” (BFOQ) for the job, such as a young adult role in a play, then the inclusion of the age limit and the hiring of the younger applicant become legally acceptable.

There are many employers, however, who persist in their practice of hiring younger job applicants and, thus, may be committing a violation of ADEA in the process. Those who feel and believe that they have been discriminated due to their age can seek legal advice to correctly determine if they, indeed, have been subjected to such discriminatory act.

Xarelto Lawsuits – Another Legal Ditch for Johnson & Johnson

The US Food and Drug Administration estimates about 4 million Americans being prescribed with anticoagulants or blood-thinning drugs every year. The standard anticoagulant that doctors have written on prescription notes since 1954 had been Warfarin, though this particular medication required strict diet, exercise and frequent blood test to make sure that it would work safely and effectively in patients.

In 2010 a new blood thinner, which did not impose the strict diet and frequent visit to the doctor for blood tests, was approved by the FDA – Pradaxa. This new drug was the first direct thrombin inhibitor or DTI that gained FDA approval (as a DTI, it is able to directly block the formation of the blood-clotting factor, called thrombin).

Pradaxa’s hold of the market was short-lived though as it was immediately overshadowed by a newer drug that was introduced and approved by the FDA just a year later. This newer anticoagulant was manufactured by Janssen Pharmaceuticals (a Johnson & Johnson subsidiary) and Bayer Health Care, and sold under the generic name Xarelto. It was the second DTI type of drug that was intended as a direct competition of Pradaxa and an alternative to Warfarin.

Xarelto was originally approved by the FDA as a blood thinner for those recovering from hip replacement surgery or knee surgery. This approval was extended for use of patients suffering from irregular heartbeat, a condition called atrial fibrillation, to minimize in them the formation of blood clots and the risk of stroke, as well as to prevent chances of pulmonary embolism (the formation of blood clot in the lungs) and deep vein thrombosis (DVT), which is blood clotting in the deep veins, usually in the legs.

Despite being effective, Xarelto has been linked to cases of excessive bleeding, the major severe side-effect of modern blood-thinning drugs. Making matters worse, Xarelto, unlike Warfarin, contains no antidote for the severe internal bleeding that it causes and its manufacturers do not have anything on hand to prevent this serious harm. Thus, bleedings are irreversible, leading to emergency treatments or, sometimes, causing patients’ death.

All across the US hundreds of lawsuits have been (and continue to be) filed against Johnson & Johnson and Bayer due to Xarelto’s many adverse effects and the companies’ failure to warn the public of the dangers associated with using the drug. The Xarelto lawsuit lawyers at the National Injury Law Center website says that those harmed by Xarelto should not delay to fight for their legal rights, which can enable them to receive compensation for the unexpected great pains and suffering that they are being subjected to. Filing a lawsuit against the drug’s makers and receiving compensation from them are patients’ rights upheld and protected by US laws to give justice to those made to suffer an injury they never deserve.

Understanding Everything Related To Personal Injury Cases

Suffered a personal injury? If so, you have come to the right place for information. You must take time and care in selecting and hiring your own personal injury lawyer. Read these tips to make the best of a bad situation.

If you don’t want to splash out on lawyer’s fees, and you can easily prove the other person was at fault, see if you can work out an out-of-court settlement with them. Their insurance company will be happy to do this as they’re in no hurry to go to court, so you’ll end up on top.

To help you find a personal injury lawyer, visit local attorney websites, like the one for Pohl and Berk (if you live in Tennessee). You can conduct attorney searches by either location or by their area of expertise. By choosing an attorney located in your area, you can rest assured that the lawyer will be knowledgeable of the laws governing personal injury in your court’s jurisdiction.

Call the police if it is at all appropriate to do so. Even if there would not be a criminal complaint, it is often a good idea to have a police officer document your complaints. This ensures that there is a solid paper trail to confirm that the event actually did occur. The same is true in the event of a car accident. Having documentation of who is at fault for the accident

Document your costs. Record any expenses or loss of income you incur as a result of your injury. Some of these documents may include insurance forms, medical bills, prescription receipts, and property damage repairs. If you miss work because of the injury, be sure you also document any lost wages. Document each expense as it occurs, while it is fresh in your memory.

Making a legal decision regarding who to hire for your personal injury case is a critical step in reaching a winning outcome. Therefore, you need to carefully consider all that you’ve learned in this article. Take the time to make an educated, informed decision and good luck!

How a Criminal Record Can Affect Child Custody Rights

No one wants to have a criminal record. It wreaks havoc with one’s career, personal life, financial status, and travel plans, to name a few. But when one is in the middle of a divorce, how a criminal record can affect child custody rights may be the one of the most importance.

A criminal record is usually for life; expungement is only for special cases, and never for certain offenses. So even if the criminal charges are years old, it can still have an effect when it comes to a fight for child custody if a conviction results from it. The law varies from state to state, but in general, a criminal record is not a good way to win a child custody case. It would therefore be in the best interest of a parent to avoid being convicted of any crime, and especially for particular crimes.

If a situation arises where a parent would like to clear their record, it is possible with the guidance of a expungement lawyer. This would be helpful before going to court if you are going through a divorce.

Child custody cases are often decided based on what a judge rules to be in the best interest of a child. These are not set in stone, but parents who have been convicted of violent crimes such as domestic violence, assault, battery, or rape are usually not considered fit to ensure the emotional and physical safety of a child without supervision. A parent convicted of first degree murder is not usually allowed even visitation rights until the child is of an age to agree to it.

Even those convicted of non-violent crimes such as prostitution or burglary may be ineligible to be custodians because they may not be considered good role models for a child. There are always mitigating circumstances that a good divorce lawyer can put into play to argue and win a particular case before a judge, especially if the criminal conviction was a long time ago, but there is no guarantee. If facing criminal charges, it is always advisable to engage the best defense lawyer available to avoid or reduce any conviction as much as possible.

Options After Becoming Permanently Disabled due to Workplace Injury

The financial effects a permanent injury or chronic illness sustained/acquired due to work would be devastating, especially if the work is the family’s major source of livelihood. Besides leaving the victim incapable of returning to work, it will also mean loss of earning capability and continuous costly medical treatment. Many families in the past have had just this particular kind of situation – wherein the injury or illness has left them financially crippled, with no one to turn to.

The Workers’ Compensation Insurance Benefit in 1908 was passed by the US government to specifically address the victim’s financial woes. It was meant to provide financial benefits that would cover cost of medication and medical treatment, lost wages, vocational rehabilitation, death and disability, especially permanent total disability or PTD. This law, which was mandated on most business owners and employers, began to be adopted in various states between 1911 and 1920. This gave injured victims something to turn to in the event of a work-related injury.

In 1935 another law, which was aimed at providing employees the financial benefits that would save them from suffering a financial crisis due to a medical condition or disability that would last a year or more, was passed; this was the Social Security Act.

While disability benefit claim forms are long and complex, filing these can be quite complicated too for the injured or his/her representative. The forms will have to be filled out correctly, no information or signature should be missed and all the needed supporting documents that will attest to the permanent disability will have to be submitted with the correct, filled-out forms.

One sad thing, which the website of Scudder & Hedrick, P.L.L.C., confirms, is the fact that most disability applications are denied by insurance providers. Some applicants are judged as not qualified, while some are denied only because of a missing signature, a skipped box or submission of the wrong form. The same article in Scudder & Hedrick’s website goes on to say that those tasked to evaluate applications for benefit claims are more aggressive in discovering faults in order to have the applications denied.

Applicants, who have been denied, however, are entitled to know the reason behind the decision, as well as make to an appeal to alter it. This appeal is a formal request for a re-assessment of the application (whether a denial or approval of claim, but at a reduced amount). To stand a chance for reconsideration, the applicant must make sure that the appeal is filed before the stipulated deadline and that all proper documents, such as medical abstract and photographs, letters from the employer (attesting to the truthfulness of the injury), expert medical opinion, and the doctor’s medical review (there is a doctor assigned to conduct the review).

Another very important factor to consider is the hiring of a legal professional who will assist the victim through the whole process and who will help make sure that the victim is awarded the benefits that he/she really deserves.

Veterans Disability Benefits

It is fortunate that those who have served in the US military who sometimes find themselves in need of financial relief because of disability can find it. The Veterans Benefits Administration (VBA) under the US Department of Veteran Affairs receives, processes, and manages claims for veterans disability benefits, all of which are tax-free. These benefits can make a significant impact on a disabled veteran’s future and can help improve the quality of life dramatically.

Chief among claims that the VBA services are for disabled veterans whose disabilities are service-connected. This refers to disabilities that were incurred or made worse while on active duty in the military service, or which may be considered as secondary or related to military service even if the disability surfaced after service. These veterans are entitled to receive Disability Compensation.

Veterans whose service-connected disabilities are of a severity that it requires “aid and attendance” of another person or for specific disabilities may be eligible for additional benefits under the conditions set forth in Special Monthly Compensation (SMC). Survivors and dependents of a veteran who died from disabilities incurred while on active duty or in training may also be eligible to receive benefits, namely the Dependency and Indemnity Compensation (DIC).

A veteran with low income whose disability is not service-connected but meets certain criteria may still claim for financial assistance. Other veteran benefits related to disability include Service-Disabled Veterans’ Insurance, Veterans’ Mortgage Life Insurance, and Adapted Housing grants.

Filing for SSD benefits may not be as simple as it is made out to be. There are a ton of documents to gather, not the least of which are medical records, and different forms to fill out for various purposes. And because there is considerable money involved, the process can be painfully complex and slow. It is often to the advantage of the claimant to have a lawyer experienced in dealing with claims for veterans disability benefits do the spadework to make sure that the right forms are filled, documents filed, and benefits maximized.

Freight Factoring

It is no secret that times are hard, and the key to any service business to survive is to have positive cash flow. In the trucking industry, this can be a problem for small and medium sized outfits, as the best contracts are often on 30, 60, or 90 day terms, sometimes even longer. In the meantime, drivers have to be paid, trucks maintained, fuel bought, as well as other overhead expenses.

In 2012, about 73% of commodities (valued in excess of $10 Trillion) were hauled by trucks, of which the average distance was 212 miles. With such a relatively short distance, much of these commodities are carried by the smaller trucking companies which operate more efficiently within a certain radius from their base of operations. The outlook is good for the trucking industry, although the pace is slower than it was in 2011. That should be good news, but with the delays in payment plus the penalties for late deliveries, tougher regulations, and shortage of drivers, the cost of money is not always in favor of the truckers. As a result, many trucking companies have been forced to file for bankruptcy.

And yet many other businesses would not survive without the services provided with these small to medium truck operators. The biggest problem for these truckers continues to be keeping the cash flowing when it is needed. In order to make it work for everybody, may small- and medium-sized trucking companies turn to freight factoring to keep their businesses afloat.

Freight factoring is primarily the selling of the accounts receivables of the trucking company to a financing company for a fee. In most companies, the fee takes the form of a percentage of the signed invoice. The trucking companies get about 60%-90% of the total payment due at once, and the remaining when the customer has paid, less anywhere from 1.5% to 5%. Sometimes the service advances as much as 95% immediately. It all depends on the freight factoring service conditions. Some require a minimum volume and a reserve account, some also require a sign up fee.

Freight factoring is not for everyone, and a 5% fee may seem a lot. But when it spells the difference between closing up shop now and continuing for another 30, 60 or 90 days, then it is a small price to pay.

Dealing with the Threat of Foreclosure

There are many ways of dealing with the threat of foreclosure. Most people just let it happen, unable to believe how fast things went wrong, and preferring to deal with more immediate and manageable problems. Others borrow from friends and family to buy more time to try and save their home from foreclosure. Others turn to professionals for help, and this can take several forms.

Many foreclosure defense experts can suggest several legal options to delay or suspend foreclosure. Most homeowners have only the vaguest ideas about the terms of their mortgage, and would not know how to turn it to their advantage. According to the website of Hong Law, PLC, foreclosure defense law firm based in Cedar Rapids, Iowa, a homeowner facing foreclosure may consider pursuing mortgage modification. If there is something hinky about the mortgage agreement itself, it could be a case of filing a claim based on a violation of the Truth in Lending Act.

If these two are not possible, the firm may also suggest filing for bankruptcy if the homeowner qualifies for either Chapter 13 or 7 bankruptcy. Most states, including Iowa, may exempt the primary home from a Chapter 7 filing and forgive the debt, or with a Chapter 13 filing, foreclosure may be considerably delayed.

There are also cases where the market value of the property is less than the balance of the mortgage because the real estate market plunged considerably in the last few years. While it may be a wrench to let go of the property, especially if payment has already been made for several years, cutting losses may be the smartest thing to do. Some professionals, after due consideration of the market trend in the area and the amounts involved, may suggest a short sale.

A short sale involves selling the house at market value or less, and giving the proceeds to the mortgage holder. The lender has to agree to lift the lien on the property in order to get it sold. In most cases, the homeowner still owes the lender the balance, and the lender can choose to forgive the debt or demand payment. In the case of the former, the homeowner may still be liable for taxes on the forgiven debt. However, if handled properly, the amounts concerned will definitely be less, and the credit score will no longer reflect unpaid debt.

Dealing with the threat of foreclosure can be highly stressful. The best way to handle such situations is to get the advice of experts to get a realistic view of a particular situation. Though short sale is a viable option, it’s not for everyone. If you are considering refinancing, bankruptcy may be the best option for you depending on your case. Contact a Cincinnati Chapter 7 Bankruptcy Lawyer today to learn more.

Personal Injury and Truck Accidents

Whether you are from Fort Worth, Texas or in Oklahoma, a truck accident on a highway is sure to result in some injury, and in most cases results in serious injury or death. Truck accidents are statistically more likely to cause injury than a crash involving two passenger vehicles mostly because of the sheer size and weight of the truck. It is like a physical argument between a large, muscled guy with tattoos and a short, undersized guy with glasses; who wins is a foregone conclusion.

To qualify, a truck accident involves at least one vehicle with a trailer in excess of 10,000 lbs. The “other guy” could be another truck, a passenger vehicle, or a pedestrian. Whatever the cause of an accident, anything that large and heavy moving even at the minimum speed on a highway is a potential threat to anyone or anything that strays onto its path. According to the Abel Law Firm website, 18-wheelers or other large trucks make especially dangerous road companions. This is the main reason why commercial truck drivers are subject to more stringent requirements than a regular driver; they need to prove that they have a healthy sense of responsibility when it comes to operating large vehicles on a highway, and that they are in good physical condition.

Unfortunately, too many truck accidents still occur because the driver made an error due to fatigue, not enough sleep, or due to the influence of drugs or alcohol. A truck accident injury can potentially lead to a personal injury claim for any of these reasons as well as for equipment malfunction due to poor maintenance.

The truck driver, together with the truck owner, has a duty of care towards others each and every time they take a big rig out into the highway. Any of the reasons stated above is a breach of the duty, and makes the driver and owner liable for compensation in case of injury or death. Any person injured or killed as a result of negligence on the part of the truck driver or owner has the right to get compensation for economic and non-economic damages suffered as a result of the truck accident.