Posts by Albert

How to Find the Right Nursing Home Facility

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

There are close to 1.5 million elders, accident victims needing rehabilitation and therapy, and mentally disabled young adults residing in about 16,000 nursing home facilities in the whole of the United States. Every day, these residents require not only minor medical attention, but also the care and assistance of registered/licensed nurses, nurse aides and staff in performing even the most basic daily routine of bathing, eating and others.

Thousands of nursing homes, however, do not have enough personnel to provide quality care to all residents. Thus, instead of genuine care and physical/emotional comfort from their supposed-to-be caretakers many, rather, suffer physical, emotional, sexual (and even financial) abuses from over-worked and stressed-out aides and/or staff.

Among the types of abuses, sexual is considered to be the most wicked; however, due to shame, threats and difficulty on the part of the abused in explaining his/her unpleasant experience (for fear of being suspected of simply suffering from dementia), this abuse becomes the least reported and it is not easy to detect either.

Fondling, forced nudity, display of pornographic materials, forcing another resident to touch or kiss the victim and forced penetrative acts are just some of the ways through this type of abuse is committed. Some probable ways of detecting sexual abuse is by observing the patient for any sudden change in his/her attitude or behavior, over-sensitivity to touch, fear and unexplained scars.

Often, the defense mechanism of sexual victims, to make it appear, as well as convince themselves, that nothing is really happening is by warding-off any thoughts about the abuse and casting an appearance of calmness and composure.

Nursing home abuse is a crime and, in many states, those who commit it are convicted of felony if proven guilty. This move is to help minimize the number of abuses committed against nursing home residents each year.

There are also moves to help families find a really good nursing home for their elderly loved ones. In fact a list of the Best Nursing Homes is available in federal Centers for Medicare & Medicaid Services. The government has already identified at least 3,000 good nursing home facilities all across the U.S. The determining factors considered by the government in identifying whether one home is good or not are quality care, number of staffing (licensed nurses and nurse aides) and health inspections.

According to nursing home abuse lawyers from the law firm Karlin, Fleisher & Falkenberg, LLC, perpetrators of sexual abuse in nursing homes are often the very people tasked with taking care of the residents. In some cases, perpetrators may even be other residents. Regardless, nursing homes must always be vigilant and look for all forms of sexual abuse from staff and residents alike.

Families, on their part, must also guard about manifestations of sexual abuse, though these could really be hard to detect. Even the slightest feeling of suspicion that his/her loved one may be experiencing sexual abuse, an attorney may be able to help prove it and hold the responsible party accountable.

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A Look At Some of the Famous Product Liability Claims

Posted by on Nov 23, 2016 in Product Liability | 0 comments

Product liability cases have been making the headlines over the last decade. Manufacturers need to maintain the highest standard of safety when designing products. When they are sold in the market, consumers always assume that the product had already been tested safe. According to the website of Karlin, Fleisher & Falkenberg, defective products that are sold in the market result to serious injuries.

In recent years, numerous product liability claims have been field against some of the most popular companies. In this article, we shall take a look at some of them.

1. The case of the hot coffee

In 1994, 79-year old Stella Liebeck filed a case against world renowned food chain McDonald’s. Her claim had something to do with the restaurant serving coffee at 180 to 190 degrees Fahrenheit as compare to the 140 degrees of other restaurants. The case stemmed from Liebeck suffering 3rd degree burns. She was hospitalized for eight days, underwent skin grafting and then two years of medical treatment. In the end, Liebeck received $2.7 million in punitive damages and $160,000 for medical expenses.

2. Faulty gas tank

General Motors, the leading American car manufacturer, has frequently been a target of product liability cases. In 1999, the company paid $4.9 billion in punitive damages in connection with a faulty gas tank on its 1979 Chevrolet Malibu which killed six individuals after the gas tank exploded.

3. Failure to warn

Cigarette manufacturer Philip Morris was sued by a woman who had lung cancer. She alleged that her addiction to tobacco was due to the company’s failure to inform her of the risks of smoking. In 2002, the company was ordered to pay $28 billion worth of punitive damages and $850,000 in compensatory damages. Philip Morris appealed the case and in 2011, the amount was reduced to $28 million.

These are just some examples of product liability cases that have made the headlines for their defective products.

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Identifying The Major Hazards In The Construction Site

Posted by on Sep 13, 2016 in Personal Injury | 0 comments

The construction site is one of the most dangerous places for a worker to be in. While they account for only 6 percent of the American workforce, the industry accounts for more than 20 percent of all job-related fatalities. As the website of this Houston Personal Injury Lawyer reveals, it is important for construction sites to be excellently managed to keep dangerous conditions from arising. Here are the top four hazards in the construction site:

Fall Hazards

According to statistics compiled by the Bureau of Labor Statistics and Occupational Safety & Health Administration, fall hazards account for 36% of construction worker deaths in 2012. They include scaffoldings, ladders, and roofs. Employers should put in place fall protection policies and should have the necessary equipment that will keep workers from falling. The employees should also be trained on evaluating and identifying fall hazards.

Struck-by Hazards

Struck-by hazards account for 10% of construction worker deaths. Most of the fatalities involve heavy equipment and 1-in-4 struck-by vehicle deaths involve construction workers. To prevent fatalities, employers should set-up barricades and warning signs as well as assign spotters and flaggers when working in roadways and there is continuous traffic.

Electrical Hazards

The data compiled by BLS and OSHA revealed that 9% of construction worker deaths in 2012 were from electrocution. Power lines, live circuits, power cords, and power tools can expose workers to injuries and even death. Employers should put in place precautionary measures in order to prevent electrical hazards from injuring construction workers.

Caught-in Between Hazards

Two percent of fatalities in the construction site were due to being caught between objects. Caught-in between hazards may include excavations and trenches. These hazards can collapse and trap workers who are working in these sites. It is important for workers to comply with safety standards and use protective gear.

Known as the “Fatal Four,” these construction site hazards claim lives of workers on a yearly basis. By eliminating these hazards, 435 construction workers can be saved every year.

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Scanning for Chronic Traumatic Encephalopathy

Posted by on May 24, 2016 in Health | 0 comments

A new brain scan, which is conducted via a new generation of radioactive pharmaceuticals, is considered a one-step forward by researchers when it comes to diagnosing and categorizing a brain illness that has tormented many American football players for many years now.

This brain scan, which is recently done by researchers at Mount Sinai Icahn School of Medicine in New York City, shows that a 39-year-old living former National Football League football player is suffering from psychiatric symptoms consistent with chronic traumatic encephalopathy, an illness that has also been the bane of late football players Michael Lewis “Mike” Webster and Tiaina Baul “Junior” Seau, Jr.

Said 39-year-old former football player has had suffered from a number of concussions during his playing years, researchers, who include Samuel Gandy and Dara Dickstein of Mount Sinai Icahn School of Medicine in New York City, said. These researchers use cutting-edge ligands, or substances that bind to receptors and are able to be seen via brain imaging, to examine the brains of living athletes at risk of incurring CTE, who include NFL and National Hockey League players.

In line with the Mount Sinai researchers’ goals, Robert Stern of Boston University, who also want to speed up the process of diagnosing CTE in living people, said he, along with the Mount Sinai researchers, is using a new ligand called T807, which is not yet approved by the United States Food and Drug Administration and has been used in human testing only in 2014.

Stern, who says the primary goal is to diagnose the CTE in an athlete before the illness can spread all throughout the person’s brain and therefore prevent the illness from escalating to an early death for the player, is being funded by grants from the Department of Defense and National Institutes of Health.

The website of Crowe & Mulvey, LLP says that mild traumatic brain injuries can cause temporary disfunctioning in brain cells, whereas major traumatic brain injuries, such as CTE can cause torn tissues and bleeding in the brain that when not addressed promptly can cause conditions that may lead to death.

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The Dangers of Toxic Tort

Posted by on Dec 7, 2015 in Dangerous Products | 0 comments

According to the Agency for Toxic Substances and Disease Registry, a toxic tort is really a legal expression for chronic or active contact with dangerous matter including chemicals, pesticides, gasses, or medications, although it seems like an evil cake. Injury or any injuries resulting from this exposure can lead to a toxic tort lawsuit.

There are numerous ways that individuals or a person can be subjected to materials that are hazardous. These include:

  • Work-Related Exposure – when the work site is overwhelmed by hazardous-materials as a matter of program i.e. coal dust in coal mining or the occupation involves management hazardous-materials i.e. transportation of substance
  • Dangerous Medications – when a drug has unwanted effects that are unintended or continues to be infected with harmful substances, for example, fungi or bacteria
  • House-Related Publicity – this may range from the continual vulnerability to black mold, asbestos-based insulation, and lead-paint that’s exposed in the residence
  • Commercial Products – this type of coverage is for the public, when the use of certain products can trigger injuries, like pesticides that’s consumed by crops or which poison groundwater that individuals ultimately ingest, make-up that have toxic ingredients, or food products that use harmful preservatives, coloring agents, or artificial flavoring

In the USA, when a serious injury happens from some of the above forms of coverage, the effects can be crushing. In some of these cases, the effects of the exposure attest years after, including what happened to employees in asbestos-containing materials, where cases of asbestosis and mesothelioma arrived 40 to 50 years afterward.

But the most frequent possibly are dangerous drugs which affect people from many walks of life are medications. Based on the site of Habush Habush & Rottier, the side effects of the medications often introduce larger health issues in relation to the ailment they are supposed to treat.

Whatever the origin of the toxicity, such cases represent a sizable part of individual injuries cases, which should be handled by experienced attorneys for outcomes that are desired. When you endured serious because of the negligence of a third party and have already been exposed to a substance that is noxious, perhaps you are qualified to get damages.

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