Elder sexual abuse, as defined in the website NursingHomeAbuseGuice.org, “is the initiation of physical or sexual contact with an elderly person, when that contact is nonconsensual or unwanted. This abuse also includes making contact with an elderly person who is confused or unable to give consent.” (http://www.nursinghomeabuseguide.org/sexual-abuse/) Some types of elder sexual abuse include: sexual assault and battery, rape, sexual assault and battery, forced nudity, sexual photography, and unwanted touching.
Sexual abuse is probably the most horrible type of abuse committed against elder residents of nursing homes. Over the last decade, news of nursing home abuses, which also include physical, emotional and financial abuses, have been heard more than ever, yet those that get reported are believed to be way below the real numbers as so many victims rather choose to remain silent or nursing homes, upon finding out of abuses, conceal the crimes from authorities and the public; some facilities even reverse the facts of the crime to make it appear that the ones at fault are really the victims. There are also cases wherein victims are accused of inventing stories just to get attention.
Thousands of nursing homes do not have enough personnel to guarantee that all the needs of the residents will be attended to, much more, that quality care will be provided, yet attention and quality care are what every nursing home facility advertises and promises it will provide. Due to the lack of personnel, nursing home employees always end up overworked and stressed out, thus many turn to abuse and neglect to silence residents and discourage them from requiring assistance, including in daily activities, such as bathing, eating, toileting, dressing, and others. In some other instances, it is just a facility’s failure to check the background of those who apply as nursing home staff; thus many end up hiring individuals with records of abusive acts or those whose mere intent and interest is to receive pay and not care for the elders.
Sexual abuse in a nursing home should be stopped as soon as it is committed. It is for elders’ and other residents’ safety that family members are enjoined to be vigilant of possible signs of sex abuse and to report even the least suspicion; seeking assistance from a highly-skilled attorney may also be able to help prove if an abuse is really being committed and to hold the responsible party accountable.Read More
Complex regional pain syndrome (CRPS) is a chronic pain condition that affects one of the limbs usually after an injury or trauma to that limb. It is believed that CRPS results from damage to, or malfunction of the peripheral and central nervous system. In CRPS, the damaged nerves are unable to properly control blood flow, feeling, and temperature to the affected area. According to the website of Williams Kherkher, the condition can spread to other parts of the body.
There are two types of CRPS, which have similar symptoms and treatments. CRPS-I formerly reflex sympathetic dystrophy syndrome involves the absence of confirmed nerve injury. It is most common in the arms or legs after a minor injury. CRPS-II, on the other hand, involves confirmed nerve injuries. It is the result of an injury to the nerve.
Doctors are not sure about the causes of complex regional pain syndrome. In most instances, it results from trauma or injury. It is most commonly triggered by fractures, sprain, soft tissue injuries, limb immobilization, or surgical and medical procedures. Injuries in the small nerve fibers may bring about the different symptoms of CRPS. Abnormalities in the peripheral nerves cause neurological functions in the spinal cord to work abnormally.
CRPS can affect the immune system as well. High level of inflammatory chemicals is present in the tissues of people with the condition. Inflammatory and autoimmune conditions such as asthma can also trigger CRPS. Complex regional pain syndrome does not have a single cause but results from several causes that produce similar symptoms. According to some theories, pain receptors in the affected part of the body responds to catecholamines, a group of nervous system messengers. It is believed that complex regional pain syndrome disrupts the healing process. Emotional stress may also trigger complex regional pain syndrome.
On certain occasions, CRPS develops without any injury. It may be caused by an infection, a blood vessel problem, or an entrapment of the nerves.Read More
Every year, the U.S. Drug Enforcement Agency (DEA) makes 30,000 arrests due to drug-related crimes. Despite these arrests and the untiring surveillance and operation of law enforcement agencies to catch criminals and rid the streets of drugs, trafficking, distribution, possession and use of illegal drugs (including marijuana, cocaine, heroin, and 3, 4-methylenedioxymethamphetamine (MDMA), which is otherwise known as Ecstasy) are still significant problems in the country.
Thousands of individuals suffer years of jail term due to the very wrong notion that smuggling drugs into the U.S. is too easy money to pass up. Obviously, they would rather risk being caught and face heavy penalties, than turn down the chance of earning big amounts of cash.
Drug-related activities, especially drug trafficking, are serious federal crimes with harsh mandatory sentences. A drug trafficker can face years of jail sentence; fine amounting to thousands of dollars; loss of right to vote until the completion of the entire felony sentence; loss of the right to carry a gun; and, loss of certain academic and professional opportunities.
For drug selling, offenders can face much three to nine years imprisonment (even longer for those found guilty of selling drugs to minors). For possession of drugs, on the other hand, many states carry a mandatory minimum sentence of 30 to 40 months imprisonment, besides the steep fines (other states also include many hours of community service, which will serve as additional penance for the crime).
Illegal drugs use is linked to many causes of death, homicide, sexual crimes, violence, suicide, HIV infection, hepatitis, pneumonia, mental illness and motor-vehicle injuries. It is because of these, which put the lives of so many innocent lives danger, that law enforcement officers and the DEA fight the crime with more intensity. Thus, rather than just charging an individual with possession, law enforcers also look for signs, such as small plastic bags, scales and large amounts of cash, which are all possible signs of intent to sell.
The penalties awaiting a person convicted of a drug crime should never be taken lightly; more so, however, are the effects of a conviction as these can ruin a person’s future even years after his/her conviction and despite having completed the terms of his/her sentence. Because whether he/she likes it or not, his/her crime and conviction will be on record accessible, especially, to potential employers.
Drug trafficking, according to a Nashville drug crimes lawyer, can be used to refer to the manufacture, delivery, possession with intent, and sale of all controlled substances; it may also be prosecuted as anything from Class E to Class A felonies at the state level. A person charged with a crime related to illegal drugs will definitely need to do everything to protect himself/herself from the consequences of a conviction. A highly-competent drug crimes defense lawyer, may just be the right person who can provide him/her the strong defense necessary to prove his/her innocence, or lighten his/her sentence in case of a conviction.Read More
Burn injuries are caused by forces such as heat, chemicals, friction, or electricity. They can range from mild to severe, depending on the degree of severity. According to the website of the Cazayoux Ewing Law Firm, burn injuries may require either emergency or prolonged medical care. Except for first degree burns, all other injuries may often require medical attention in order to properly assess and treat the burn. Here are some tips on treating burn injuries:
For minor burns:
- Hold the affected area under cool (not cold) running water for 10 to 15 minutes or until the pain subsides. Another option is to apply a clean towel dampened with cool tap water.
- Ensure that the burned area is free from rings and other items. Do this gently and quickly before swelling appears in the affected area.
- Avoid breaking small blisters. If they do, gently apply mild soap and water to the broken blisters. After cleaning the area, apply an antibiotic treatment and then cover with a nonstick gauze bandage.
- In some cases, moisturizers or aloe vera lotion or gel can also help relieve the pain
- If necessary, take an over the counter pain reliever such as ibuprofen, naproxen sodium, or acetaminophen.
- Get a tetanus shot. Ensure that you are updated with your tetanus booster.
For second to fourth degree burns, call 911 or seek emergency medical assistance. While waiting, do the following procedures:
- Ensure that the victim is free from exposure to smoldering materials, smoke, or heat.
- Monitor circulation. Check breathing, coughing, or movement. Perform CPR if needed.
- Remove jewelry, belts, and other restrictive items. Burned areas are prone to rapid swelling.
- Keep the burned heart elevated, If possible, raise it above heart level.
- Cover the burned area with a cool, moist, bandage, or a clean cloth.
If you are not sure whether the injury is major or minor, check the extent of tissue damage based on the following burn characteristics:
- First degree burn involves only the skin’s outer layers. It comes with redness, swelling, and pain. When it involves the hands, feet, face, groin, buttocks, or a major joint, this may require immediate medical attention.
- For second degree burns that is no bigger than 3 inches, consider it as a minor burn. But if it is larger and takes up most of the hands, feet, face, groin, buttocks or a major joint, it is a major burn that requires immediate medical attention.
- 3rd degree burns involves all the skin layers and the underlying fat. It may affect the bones and muscles. It is accompanied by difficulty in breathing, carbon monoxide poisoning, and other toxic effects.
For major burns, medical assistance is required to prevent infection which may cause further complications. Maintaining the cleanliness of the burn wounds is important during the healing process. The dressing needs frequent change to keep the wound from getting infected. If you have a severe wound, you would stay under a doctor’s care until your conditions improve.Read More
About-to-Be parents are often plagued with a specific feeling once they find out that they’re going to have a child. Of course, most couples are ecstatic at the prospect while some may find that their soon-to-be addition to the family was unexpected, there is a specific feeling all the same that joins them all together: worries and fear.
What if I’m not good parent? What if I’m not ready to raise a child? And, one of the most crucial: what if something goes wrong?
This is something common for expecting couples or single parents as it is often in the nature of parents to worry about the safety of their offspring. However, when the fear becomes actualized – when the worst case scenario is upon them, a rare few actually know what to do next. They spend so long thinking about what could go wrong that so few actually prepare for what happens if things actually do go wrong.
So, what do you do if your child gets injured during childbirth? Stretch that timeframe out a bit as a child can still be vulnerable to significant injury until the age of 2—so, what do you do?
First things first, it is of the utmost importance to consult with someone who has significant expertise first. If the injury happened during delivery, a birth injury lawyer may argue that the doctor could be at fault. If your child becomes afflicted with cerebral palsy, that’s going to mean years of physical therapy and lifelong medication since cerebral palsy has no cure. If there was someone responsible for the child getting cerebral palsy then that person responsible needs to be accountable for the consequences of their actions.
Birth injuries are not just physically draining and traumatizing—this is true emotionally and financially as well. There is no shame in asking for help when you need it.Read More
To lose someone is indeed very difficult to handle and deal with, but losing someone who is the main provider of the home can be very devastating in so many ways. Fortunately, there are laws that allow the deceased estate to file for wrongful death claims and survival action claims. According to the Cazayoux Ewing Law Firm website, there are certain differences between both claims, and it is important to understand these differences in order to know which legal action to go with.
Whilst wrongful death claims are made to provide compensation for damages to the deceased estate brought about by the death, a survival action can claim for damages and further injuries that the victim suffered before their death, in which the victim would have pursued should they have lived. A survival action claim can be filed when the victim did not immediately die after the accident, and during that certain time span was able to incur further medical bills and additional expenses, along with physical and emotional discomfort. When these situations happen, the deceased’ estate can file for both wrongful death claim and survival action claim. This will help them recover any damages that were incurred before the victim’s death due to the other party’s negligent or wrongful act.
Wrongful death laws and survival action laws can differ from each state. Furthermore, it’s important to determine who has the right to file for the claims, understand the process of appointing someone to represent the deceased’ estate, and the possible damages that may be awarded in the claim. Although the financial compensation awarded by the court may not bring back the life of the victim, it may ease the financial burden of the loss and give justice to the case.Read More
The high number of road accidents remains a serious problem across America. According to the Insurance Institute for Highway Safety (IIHS), a total of 32,719 people were killed in motor vehicle crashes during the year 2013. About 3,000 of these victims died in accidents involving large trucks. These numbers point to a rather disturbing trend involving the larger vehicles motorists are usually sharing the road with. As the IIHS puts it, about 1 in 10 highway fatalities occur because of large truck accidents. Considering the way that these trucks overpower all other types of vehicles, it’s easy to surmise why these incidents result in outcomes that are so tragic and devastating.
As one can imagine, any collision between a large truck and a smaller vehicle can easily turn to a catastrophic scenario. Large trucks like 18-wheelers and tractor-trailers can weigh around 20 to 30 times more than regular passenger cars. These vehicles are also much larger and have greater ground clearance. This makes large trucks much harder to control and maneuver. Due to its weight, a truck will require a longer distance before being able to come to a full stop. Its sheer size also gives a truck more blind spots or no-zones.
As a result, truck operators are not able to see the vehicles surrounding them easily. Experienced drivers are trained to keep a safe distance from other vehicles and keep an eye out on these no-zones. However, a slight mistake can easily have some deadly consequences. In some of the worst cases, cars can slide beneath a truck. The consequences can become even more severe when large trucks hit motorcyclists, bicyclists, or pedestrians.
Aside from no-zones, the website of McCutchen & Sexton – The Law Firm also points to other factors that commonly contribute to large truck accidents. According to their experience, accidents can also occur due to fatigue or distracted driving, as well as improper training. Trucks carrying improper or overweight load are also more susceptible to accidents. In some cases, truck accidents are also caused by vehicles that don’t receive proper maintenance and upkeep.Read More
The increase of domestic violence in the United States has been so much that it can be classified as an epidemic, with statistics showing that at least three million children bear witness to domestic violence every year. Domestic violence has become a motivator for an abused spouse to file for divorce, which is especially important when there is a child or children involved. A domestic violence issue would play a vital role in child custody, since any evidence presented in court will be considered in order to determine child custody. Often, custody is denied to the parent who have committed the domestic abuse if the court determines the person is a threat to the safety of the child or the other parent.
In the State of North Carolina, an abusive parent will not automatically lose visitation rights and custody. The judges will have to weigh a number of factors in order to determine who will have the legal custody (given the decision-making authority in behalf of the child) and the physical custody (where the child will live) to ensure that the child will be provided the safest and most balanced environment for the child’s physical and emotional needs. If a parent has a long history of domestic violence, it may be a reason for him or her to not be given sole physical custody of the child.
When a parent has already filed for divorce and wishes to protect their child from the other parent, the website of Marshall & Taylor, PLLC says getting a protective order. This is a court given order to prevent the abuser from doing further harm, and to keep a safe distance away from you and the child as well as the places that you frequent. These forms are available online and finding a good family lawyer may help in securing it, especially if there is a high possibility of domestic violence in the future. Victims should not be afraid of getting help since there various institutions that offer safety and protection, such as The North Carolina Council for Women/Domestic Violence Coalition and the Department of Justice.Read More
Texas is known to have tough driving while intoxicated (DWI) laws, and this is backed by stringent enforcement in response to public pressure to crack down on violators. It is understandable to want drunk drivers off the street because they do run a high risk of accidents, but sometimes you can get caught in the middle.
Holidays are an especially prickly time for Dallas law enforcement because a lot of people tend to get carried away with the merrymaking all at the same time all over the city. Most people are aware that getting behind the wheel after a convivial evening is not a good idea, but with nary a designated driver in sight, options are limited. There is no intention to do harm, but the tendency is to believe that since nothing untoward has happened before, nothing will happen this time. That is, until something does happen and you get arrested for DWI.
A DWI is no small potatoes anywhere, and Texas is no exception. Depending on the circumstances of an arrest, you could be facing anywhere between 72 hours to 99 years in prison plus jail time, license suspension or revocation, liability lawsuits…it is the crime that just keeps on giving.
However, an arrest does not necessarily have to lead to conviction, even if there seems to be overwhelming evidence for one. As the lomtl website states, there are many ways that a case may have been mishandled, from the original stop to the handling of the evidence, which can mean a dismissal or at least probation for the defendant. A competent Dallas criminal defense lawyer will find a way if any at all exists in a particular case. The important thing is to submit to field sobriety tests but refrain from giving any additional information or explanation without consulting with a lawyer first about your rights in such a situation.Read More
A certificate of financial responsibility or SR-22 is required in Illinois for certain drivers who may have safety responsibility shortcoming and have had their licenses cancelled or suspended. The certification is issued by a state-accredited insurance company to the office of the Secretary of State, which then has the authorization to impose a further license suspension or revocation if the SR-22 is cancelled (for violations of the conditions of the certificate) or expires.
When applying for an SR-22, you have to be sure that the insurance company is authorized to issue them, and has a power of attorney in Illinois on file. An SR-22 is issued as one of three types: an operator’s certificate for drivers that do not own the vehicle they operate, an owner’s certificate is intended to cover vehicle/s owned by the applicant, or operators-owners certificate which provides guarantees for all vehicles that are operated by the driver, owned or not.
The process of applying for an SR-22 is certainly not the same as a standard car insurance which you can usually get on the spot upon payment. With an SR-22, the insurance agent has to request for one from the central office. Once it is accomplished, the SR-22 is sent to the office of the Secretary of State where it may take a month or so to process. The applicant is then provided with a copy of the SR-22 as well as a letter from the office of the Secretary of State.
The certificate has to stay in effect for 3 years in Illinois, and renewed every year 45 days before it expires to avoid problems. The failure of which will result in a driving record suspension when the insurer forwards an SR-26 or Cancellation Certificate to the Safety and Financial Responsibility Section, which can only be lifted when and if the SR-22 is reinstated. For more information on this topic, contact your local car accident lawyer.Read More