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Nursing Homes Are Required to Report Injuries, but Do They?

Posted by on 5-05-16 in Personal Injury | 0 comments

At Beaumont Rehabilitation and Skilled Learning Center in Westborough, Massachusetts, 89-year-old Westminster resident Betty Ford Crane fell from her personal recliner on July 29, 2015, sustaining a head injury; she was then characterized by a nurse the day after the fall to be “lethargic, very unresponsive, and had great difficulty keeping foods, liquids, and medication in her mouth”. However, a physician was not notified of her condition until she died on Aug. 7, 2015.

Beaumont is currently prohibited to train nursing assistants until Dec. 20, 2017.

At Wingate Nursing Home in Lowell, 23-year-old nursing aid Sabrina Costa was charged with assault and battery on a person 60 years of age or older while her co-worker, 22-year-old Kala Lopez, had been charged with permitting abuse on an elder or disabled person after they allegedly filmed inappropriate videos of dementia patients and uploaded them on Snapchat in August 2015.

In 2014, Massachusetts listed around 55 cases of abuse, neglect, and misappropriation that has happened in nursing homes all around the state.

Department of Public Health spokesman Scott Zoback said that it is rquired by both the federal and the state government that a nursing home should notify the resident’s family members if said resident has been involved in an accident that has resulted in the injury, or any untoward incident that would elicit concern from the family members. However, Zoback became vague in the matter of explaining to family members why a resident lost his life, especially if such death was due to a negligence on the part of the nursing home staff.

The website of Crowe & Mulvey, LLP says that Healthcare Reform Statute of 2012 – Massachusetts General Law Chapter 231 Section 60L requires nursing home operators to apologize to residents and their family should the nursing home facility make a transgression against the resident that proved to be detrimental to his/her welfare.

Dangers of Dog Bites

Posted by on 11-11-15 in Personal Injury | 0 comments

Dogs are popular family pets as a result of their skill to be trained and their friendly ways. Many young couples are not unable to securely and efficiently increase children that are small and infants in an environment with canines. Many people are amazed to discover that dog bites are a public health problem that is common considering that the general attitude toward puppies is usually favorable. Every evening almost 1,000 United States people require medical attention for injuries associated with canine bites. People needlessly provoking puppies can cause puppy bites, puppies being protective of their owner’s property, dogs that were inexperienced showing aggression, and several other factors.

Regrettably, children usually experience the most health-related distress from canine attacks. They’re not as capable of protecting themselves against an aggressive dog than adults. Kids can also be much more likely to reach for a puppy suddenly, which cause your dog to respond strongly and can induce anxiety. According to the internet site of Habush Habush & Rottier, these canine attacks in many cases are a premises liability problem. Premises liability lawsuits hold property owners responsible for damages that occur to other people while on their property. Property trespassers aren’t normally ineligible to file a premises liability lawsuit, as the property owner is oblivious of their existence or either didn’t welcome them.

Dog owners can also be kept liable for dog assaults when they aren’t on their home. When their puppy is walking also it attacks someone in a common recreational place, they’re nevertheless liable since the dog is their obligation. Report tendencies demonstrate that most severe dog attacks occur in rural locations though some reports have already been filed of puppy bites occurring in urban and suburban neighborhoods. Non-urban areas aren’t monitored by dog handle as fastidiously as populated areas, so stray dogs are more likely replicate and to wander in neighborhoods that are provincial.

Cruise Ship Excursions: Potential Dangers caused by Inadequate Security

Posted by on 8-08-15 in Personal Injury | 0 comments

A cruise vacation can be a very pleasurable travel experience. On a cruise ship, passengers are provided with luxurious accommodations and amenities while they are transported from one destination to the next. While on board, they can experience the comfort of having access to spacious rooms, buffet restaurants, spas, salons, cinemas and other entertainment facilities, as well as swimming pools and water parks. After the ship docks, passengers can then look forward to sight-seeing and immersing themselves in exotic locales through a variety of activities. Many cruise lines offer on-shore excursion itineraries that include scuba diving, snorkeling, and sailing, as well as hiking, ATV riding, and going on cultural or ecological tours.

While these activities are definitely a cause for excitement, it would be wrong to ignore the risks involved in such excursions. As with anything in life, these excursion activities come with potential dangers that passengers should be aware of. Following proper protocols, cruise lines can ensure that these dangers are mitigated and prevented. However, cases of reckless or negligent behavior can definitely put the safety of passengers on the line. One of the many concerning risks involved in on-shore excursions are accidents caused by inadequate security.

According to the website of the Vucci Law Group cruise ship attorneys, cruise lines that fail to provide passengers with proper security measures put their patrons at risk of stolen items, physical assault, sexual assault, and other cases of violence. Considering these grim outcomes, it’s extremely important that cruise lines have adequate protocols and enough staff members to keep passengers safe as they explore new destinations.

Vacations are a time for relaxation and enjoyment. The idea that a cruise ship vacation can be eclipsed by preventable accidents is very disturbing. As such, it’s crucial that passengers remember that cruise lines are responsible for creating a safe environment where they can get the most out of the experience they were hoping for. Any accident caused by inadequate security during cruise ship excursions should be properly reported by victim. With legal counsel, victims may be able to pursue compensation for the injury or damage caused by the incident.

3 Best Places to Chill in Milwaukee

Posted by on 5-05-15 in Summer Fun | 0 comments

Summer is fast approaching – and for some people, that means crashing back home and all the creature comforts that dorm rooms don’t offer. Or maybe you’ve stumbled along the state of Wisconsin and into the great city of Milwaukee for some good old fashioned vacation time. Either way, if you’ve found yourself in this city – these are three places that you definitely should not miss!

Cold Spoons is that perfect little taste of Italy in Wisconsin, thanks to their authentically prepared gelato. Have dairy concerns? That’s no concern here! Flavors that particularly stand out are the salted caramel with green apple as well as their delicious almond gelato. Tuesdays are a particularly great day to visit this shop as they offer a free upsize on your gelato – get a medium for the price of a small, or a large for the price of a medium!

Not satisfied? Another place that could satisfy your cravings for something sweet to beat the heat could just be over at Babe’s Ice Cream. In this city, it’s frozen custard that has been all the rage and so it can be difficult to find the little comforts found in ice cream. Babe’s Ice Cream can offer a wide variety of ice creams – a few selections are even completely vegan friendly!

Nite Owl Ice Cream Parlour is the one to visit, however, for something a little more than just ice cream. A visit to this quaint little shop – with its décor that is most definitely retro-chic – can certify an excellent experience that you’ll just keep coming back to. Some of the regulars will claim that you haven’t yet lived a full life until you’ve tried a combo of Nite Owl’s cheeseburger and malt shake. Amazing food and a great atmosphere – this is definitely the place to be to just put your feet up and have a good time!

What is a Self-Storage Facility?

Posted by on 5-05-15 in Storing Items | 0 comments

Do you find yourself in a home cramped with too many things that you simply do not have the heart to throw away? Certainly enough, it is a certainty that people collect a wide array of items throughout their entire lives and some things mean more than others. Why, some items are even passed on from generation to generation. These are some of the ways that people can ensure that there is some memory, some piece of evidence that lives on long after that they are gone that can prove that they were once on this earth.

However, most people do not have the permanent storage space to keep all of these mementos. Sometimes, it’s not even just that – perhaps a place to park a boat or an RV or another car? Or even a place to complete projects you can’t do at home. There are just some things that you can’t always bring with you but you are loathe to the idea that you ought part with them.

Fortunately, there are currently facilities that cater to that need to preserve and keep. These places are called self-storage facilities. These are places that are equipped with security personnel and possibly customizable amenities that can control the temperature where your goods are stored, as an extra precaution. Whether the weather be over a hundred degrees or near freezing, your goods can weather through any storm thanks to the added protection.

Self-storage facilities come in a wide array of sizes, depending on how much you need to store or the size of the items that you need to keep under lock up for a period of time, and conditions – should they be air-conditioned or not. Each facility has its own conditions and self-storage facilities can sometimes operate on a monthly basis or can extend the lease to a longer duration of time.

What is a Contingency Fee?

Posted by on 12-12-14 in Personal Injury | 0 comments

Hiring a personal injury lawyer might just seem like an additional expense for most people, especially after suffering from serious injuries or property damages. However, personal injury lawyers generally work on a contingency fee basis, which means they will not get paid until the case is won. Read more about this on the website of the Sampson Law Firm. Lawyers who work on a contingency basis generally are awarded with a certain percent of the compensation award, between 25 and 40 percent (but usually one-third of the compensation award) but it can still vary depending on your agreement. Some states can have shifting percentage of according to the stage of the case or the amount of compensation awarded after the case.

In cases where the case is settled out of court or if the case goes to trial, the amount of lawyer’s fee can increase. Because of this, it is always important to talk with your personal injury lawyer regarding his contingency fee and to review your contract your have both agreed to in regard their legal services. Should there be any questions or things that you do not understand regarding the contract, you should immediately ask your lawyer to explain.

As agreed in your contract, you may or may not be the one responsible for payment of upfront legal fees and other litigation expenses – court filing fees, expert witness fees, court reporter fees, costs of obtaining medical records and police reports. Generally, it is the client who pays for these fees, unless otherwise stated in the legal contract. If you are unable to pay for these fees when they are due, the claim would not likely proceed until the payment has been made. If these fees are paid for by the lawyer (or typically by larger law firms) they will be eventually deducted from the settlement or final judgment.

There are cases where the contingency payment will not be applicable. There are lawyers who would ask for an initial retainer fee in order to begin taking your case, and would collect a certain amount for their contingency fee after the case. The amount that you already paid would then be deducted to the percentage due to the attorney after the case has been finalized. In less-complex injury cases, lawyers can ask for a flat fee arrangement, where the legal representation would just typically require for the drafting and response to a demand letter.

Personal injury lawyers are very important and necessary if the injuries or damages are serious and significant enough. Negotiating a settlement with the insurance company of the other party may be more beneficial if the accident was minor will minimal damages, but if there is considerable medical treatments or property damages, then it would help to hire legal representation. They are important in effectively negotiating the damages and could put pressure on the insurance company to offer a settlement.

Receiving Stolen Goods

Posted by on 10-10-14 in Criminal Law | 1 comment

There are many kinds of theft, and some are less obvious than others. For example, passing off creative work of another person as your own is in violation of copyright and considered theft. The same goes for appropriating the design of a well-known brand and placing their logo on counterfeit products. But what if you buy counterfeit products? Would that be considered theft?

It could be if you bought an item knowing that it was counterfeit or pirated. There’s a bit of a gray area there, and few ever get prosecuted. Law enforcement usually concentrates on the manufacturers of such products. But if you receive goods that were actually stolen such as a watch or a car, then you could be prosecuted on the same level as the actual thief.

Under the laws of Texas, an individual that knowingly receives stolen goods is just as liable as the person who did the actual deed. A key factor here is knowledge; a person who buys a used smart phone online which turns out to have been stolen is presumably unaware of that fact and cannot be held liable for a good-faith purchase. But a pawnshop owner who buys a genuine Rolex watch from a person who cannot possibly own such an item legitimately is presumed to know or should have known that the item was stolen on the basis of common sense and as part of their responsibility to establish ownership for such items. The same goes for some who buys cars to sell; they know or should have known that failure to produce evidence of ownership makes it suspect.

As discussed on the LOMTL website, any individual can be falsely charged with receiving stolen goods, but an accusation it is not yet a conviction. If you are charged with this offense, you need to establish your defense right away. You can do this most effectively with the help of an experienced criminal defense lawyer in your area.

Cancer: The Greatest Risk in Using a Power Morcellator

Posted by on 10-10-14 in Personal Injury, Pharmaceutical Liability | 3 comments

On April 30, 2014, Ethicon, Johnson & Johnson’s power morcellator manufacturing unit, which is also largest manufacturer of power morcellators in the world, suspended all distribution, promotion and sales of its Gynecare Morcellex Tissue Morcellator, Morcellex Sigma Tissue Morcellator System, and Gynecare X-Tract Tissue Morcellator. This move by Ethicon was in response to the US Food and Drug Administration’s safety alert which persuades doctors against the further use of a power morcellator in laparoscopic surgeries that removed either the uterus (through a procedure called hysterectomy) or uterine fibroids (through myomectomy).

Reports in medical literatures show that power morcellators cause the spread of uterine sarcoma, a cancerous tissue, beyond the uterus. Uterine sarcoma is almost impossible to detect, though the FDA says that 1 in 350 women can definitely have it. Thus, during the morcellation of uterine fibroids (also done through hysterectomy), it too gets minced and scattered in parts outside of the uterus. The most common form of cancer that can result to this is leiomyosarcoma – rare, yet deadly.

The introduction of power morcellators in the 1990s (with at least a dozen models from different manufacturers getting FDA approval in 1995) led to an unprecedented improvement in the way hysterectomy was performed. These power devices were specifically approved for use in laparoscopic or minimally invasive surgeries, which is a type of surgery that requires about 3 – 4 very tiny abdominal incisions (about 0.5 – 1 cm, which are almost non-existent when compared to the very noticeable scar left by the 5 – 7 inches long cut on the abdomen in traditional abdominal hysterectomy). These are designed to mince or morcellate the uterus and other oversized tissues into fragments small enough to be suctioned outside the woman’s body.

Besides the very tiny incisions, the use of a power morcellator also made hysterectomy a less painful experience, lessened the amount of blood loss, reduced chances of infections, and required a shorter period for recovery due to the fast healing of wounds. Despite these many benefits, though, the FDA probably thought that the benefits do not actually outweigh the risk, thus the safety notice. The agency still continues to discuss with experts and people concerned about the safety and regulatory status of morcellators.

The website of Williams Kherkher attorneys says it could be beneficial to women who have been treated with a power morcellator in the past and then diagnosed with cancer after the treatment to consult with a morcellator lawyer. They can find out if their particular case qualifies for a morcellator lawsuit for the possibility of receiving compensation from the manufacturer of the device.

How To Retain The Best Attorney For Your Needs

Posted by on 8-08-14 in Personal Injury | 2 comments

Legal issues require lawyers like the Abel Law Firm to sort them out. You might not be sure of the qualities required in a good lawyer, though. Read the article in order to gain more information about hiring attorneys.

A good tip if you’re thinking about hiring a lawyer is to listen to your gut when it comes down to whether or not you’re going to hire that person. Your lawyer is going to represent you in court, so if your lawyer seems unscrupulous, it’s going to fall back on you.

Did you know that your lawyer must keep all information you share confidential? In other words, any information related to your personal life or company cannot be disclosed to your competitors.

Check online to find out what sort of fees are typical for your legal issues. This will help you avoid being scammed down the road. Choose a lawyer who has a good track record and a great deal of experience to ensure that they don’t overcharge you for their own time-wasting mistakes.

Make sure the lawyer you are hiring is suited for your needs. Like medical professionals, lawyers can be general practitioners or dedicated specialists. Know what general legal area your case is in, and narrow your search for a lawyer within that specialization to find someone with focused training and experience.

Invest time into finding the right attorney. Don’t just hire the first person you hear about. Ask family and friends who they work with. Look up the person you are considering online and see if anyone left a testimonial regarding their work. You want to find a person that is going to help, not hurt, your case.

This information in this article should give you a better understanding about the qualities you should look for when searching for an attorney. Remember these tips as you go to your consultations. Then you’ll find a great lawyer and end up with a positive outcome.

The Importance of Having Long-Term Disability Insurance

Posted by on 1-01-14 in Personal Injury, Workplace Injury | 1 comment

Regardless of whether it may be because of sickness or injury, many workers have benefited from having long-term disability insurance. This is a type of insurance policy that covers the worker when worker’s compensation does not apply, and only kicks in once the short-term disability has stopped. The long-term disability insurance acts as a buffer to cover your lost income if you are not able to return to work for a significant amount of time, although it is not a replacement for your actual salary.

Most people are not really aware or do not understand how long-term disability works. Certain rules and regulations regarding long-term disability insurance can make it difficult to acquire, which is why knowing more information about it could help in getting the best of this disability benefit.

A great majority of workers believe they don’t really need to have long-term disability. This is not true, as research has revealed one in four workers (aged 20 years old or older) are at risk of permanent disability before reaching 67 years old. Having a back-up insurance can help you prepare for your future should an injury cause you a long-term disability. This insurance benefit is not only for men but also for women. It is also not the same as worker’s compensation, since worker’s compensation covers for lost income due to injuries that happened because of or while performing work, and during working hours.

Younger workers also believe they are too young to consider it, but data from 2009-2012 has shown that 41% of beneficiaries of long-term disability insurance have been those from age 50, and a third were from 40 and below. If you are not capable of paying the voluntary worker’s benefit, then you can ask your employer for options if they offer an employer fully paid plan or shared cost plan. Getting an individual disability insurance can be a bit steep on the budget, so better to inquire with your employer if they can offer you any additional coverage.

Accidents or sickness can occur anytime, therefore having long-term disability benefit can lower your physical, emotional, and financial stress should an uneventful thing happens.