Understanding Nursing Home Neglect

Jul 09

The decision on what to do with your loved ones when they reach a certain age is a personal one. Many choose to take care of loved ones themselves, while others opt to entrust loved ones to the care of a nursing home. If you do choose to go the nursing home route, you should be aware of any potential risks this decision might bring.

One of these risks is seen through the accumulation of bedsores on the bodies of our loved ones, often a sign of nursing home neglect. Continue reading to educate yourself on bedsores, nursing home neglect, and what you can do about it.

What are Bed Sores?

You might be a little confused on what exactly bedsores are and why they’re so dangerous. Bedsores are ulcers that result from prolonged pressure on the skin. This pressure often comes from laying in a bed for an extended period of time, being confined to a wheelchair for a long time, or less commonly, wearing a cast for many weeks.

Bedsores are extremely painful, often appearing on the more bony parts of a patient’s body. The good news is that bedsores are extremely preventable, but the bad news is — when they appear on a patient in a nursing home, that is often a sign of nursing home neglect.

Bedsores and Nursing Home Neglect

Nursing homes and their employees have a direct responsibility to help their patients avoid bedsores. A patient frequently getting bedsores in a nursing home is a sign that the home’s employees are refusing to keep their patients clean, ensure that the patient moves around, and use preventative cushions.

If you notice that your loved one has accumulated bedsores during their stay in a nursing home, there are steps that you can take to receive compensation for you and your loved one’s pain and suffering.

What to Do

Here are some steps you can take when you notice bedsores on your loved one’s body:

  • Speak to the Staff

As a loved one of the patient, you have a right to speak to the staff about the bedsores. Don’t hold back in your questioning — ask them how often your loved one moves around, is cleaned, and if any preventative cushions are offered. The nursing home should be transparent in their answers, but if they aren’t, it may be time to speak to a nursing home negligence attorney.

  • Speak to an Attorney

Many attorneys offer representation in nursing home neglect cases. Attorneys will be able to find out the root cause of the problem at the nursing home, causing the staff to answer questions they may have avoided before. Secondly, an attorney like the staff at Russo, Russo, & Slania P.C. can help you and your loved one recover damages as a result of the nursing home’s negligence.

These recovered damages can take the form of compensation for medical bills, compensation for pain and suffering, and compensation for punitive damages that hold the nursing home accountable.

Don’t hesitate if you notice your loved one is experiencing bedsores — take action today!

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The Dangers of Herbicides

May 20

Everyone has their own special way of unwinding after a long day. Some people like to go rock climbing, and others find their peace by spending their evenings baking. Gardening is another common way of destressing. There is just something about pulling up weeds, nurturing plants, and watching them grow that helps a person to center themselves.

A lot of work goes into making a garden flourish. First, the aspiring gardener has to pick the appropriate plants for their environment. A cactus won’t grow in a marshy area, and irises will dry out in an arid environment. Next, they have to purchase the correct soil for the plant. Clay, loam, and silt are just a few of the types of soil to choose from. Then, the gardener has to till the soil and plant the seeds. It’s vital for the health of the plants to not overcrowd the seeds and give them room to grow. From there, proper maintenance and checking on the budding flora is important to make sure everything is going smoothly. If invasive insects are attracted to the plants, they could eat away at them and destroy a newly-formed garden. Invasive plant species are also dangerous as they sap the surrounding soil of its nutrients and can cause the planted flowers to starve.

If an invasive plant species begins to infiltrate a garden, there a few steps that can be taken to mitigate some of their effects. Pulling the weeds and destroying their roots is one way to reign victorious, but this is often difficult and time-consuming. Additionally, if even one weed manages to avoid being pulled, the weeds will once again begin to spread like wildfire. Getting an animal to graze the weeds might help if it’s a particularly large area of land. Of course, there’s no way to prevent a goat from eating an entire garden in one sitting.

One popular way to eradicate an invasive species of plant is to use an herbicide. Many different types are available for the public to purchase and use. However, many of these contain noxious chemicals that are harmful if inhaled or consumer. For example, Roundup has become the most widely used herbicide in the United States since its invention in 1974. However, glyphosate is one of the main ingredients in Roundup. Glyphosate is a carcinogen, and many people have developed cancer as a result of exposure to Roundup.

The Driscoll Firm, P.C., a law firm currently helping victims of exposure to Roundup and getting them the settlements they deserve, describes how in addition to the various forms of cancer such as non-Hodgkin Lymphoma, Myeloma, and leukemia, prolonged exposure to glyphosate has also lead to obesity, depression, and a myriad of other diseases. Not only has inhalation of Roundup led to these health issues, but Roundup has contaminated food and water supplies so the problem will not be solved as easily as simply not using the herbicide.

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What happens if you slip and fall on someone else’s property?

Nov 08

I’ve been working in the restaurant industry for more than ten years. I currently work at a chain restaurant, and one of the other locations got sued after a slip and fall happened last year. After the suit was handled, corporate offices came down on all of the managers with new training in the event of slips, trips, and falls. Apparently, the corporate office had to pay out a lot more than they wanted to because they didn’t have a system in place to properly document slip and fall accidents.

Now whenever someone trips and falls in one of our restaurants, we have to go through a pretty rigorous process to make sure we have all of our bases covered. First, we take photographs of the place where the injury happened and make a note of the condition that caused a person to slip and fall. Then we have to make sure to save the videotape if we are able to get the accident on camera. After that, we talk to people that saw the incident happen and get the story from their point of view. Finally we right down all the details we’ve collected and prepare a full incident report. That’s a lot of work for a simple trip, but it’s corporate’s rules for every accident now.

I talked to some employees at the other restaurant that gave their testimony in court and they said that corporate went so far as to hire forensics people to recreate the scene and describe how an injury could have occurred in the first place. The forensics people recreated the restaurant scene on their computer and showed everyone how the layout of the scene affected the slip and fall.

I didn’t realize that slip and fall lawsuits happened so much in this country. If I slipped and fell at a restaurant and had to miss work, I would want the restaurant to pay for my hospital visit and time away from work. I always thought that it would just be bad luck if something like that happened to me, but now I know I can hire someone to help me get compensated if I’m injured on business property like that. 

I’ve been looking at attorneys’ websites, like this one that was very informative. The law office is called The Law Office of William J. Luse, and the firm is based in Myrtle Beach. It helped me learn more about personal injury claims and what to do if you are hurt.

I’m also taking more care to warn customers of potential slip and fall places at my restaurant. Most slip and falls don’t cause an injury, but if an elderly person falls down they could get severe bruises or even break a bone. I would hate to see that happen to one of our customers because we didn’t have a sign up to warn them. 


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Visiting Chicago? Here’s what you can do by the lake

Jan 17

Chicago is the 3rd largest city in the U.S. by population and one of the busiest, most prosperous and bustling cities in the nation. With a city of its size, there’s an endless number of things to do and enjoy around town no matter where you are. If you’re planning on visiting the city, the river and the lake have great attractions that you should make sure to check out. Visit the McCormick and River Roast docks to take a boat ride, or choose any of the other shoreline attractions that the Windy City has to offer.

If you’re near the McCormick docks, you have quite a few options for fun and interesting things to do. Not too far away is Chinatown, a very cultural part of Chicago that is bound to make your eyes widen. The restaurants, tea houses, dim sum spots, and cafes could keep you busy for a whole day, experiencing a very far away culture in a huge city. Even closer to McCormick is Soldier Field, where the Chicago Bears play. Even if you’re not a big football fan, the stadium is a sight to behold and offers excellent tours of the facility. There’s a lot of history in that stadium and a lot to explore and adventure there.

For those spending time near River Roast, there is plenty of exploring and sightseeing to be done there as well. The Chicago River is a gorgeous site in the city, with excellent tours that will wow you, your family, friends, co-workers and whoever else may be accompanying you. The skyline is visible from River Roast, and if you find just the right vantage point, you can see the skyline in its full glory. River Roast is a beautiful part of the city of Chicago, which is why Tour Through a Lens starts here. Tour Through a Lens is a tour focused around and geared toward interesting those who love photography. The tour guides you around the city to the most beautiful spots for the most magnificent panoramas and shots of the city. Also not too far away is Chicago’s House of Blues, one of the best places for enjoying nightlife and excellent music. River Roast is a happening place in Chicago, with many options and avenues for fun and adventure.

If you’re docking near the Sheraton Hotel, all the fun to be had is near you. You’re right near Millenium park, navy pier, and the Grand-Red subway station, giving you access to everything the great city of Chicago has to offer. The Sheraton Hotel itself is a sight to behold.

If you happen to be making your way down to Chicago near any of the docking areas like the ones here, the amount of fun and number of breathtaking explorations is limitless. Get out there and explore one of the greatest cities in the entire United States. With its deeply-entrenched culture and breathtaking history, you can’t go wrong by selecting Chicago as your choice for a vacation destination. 

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How Do Trusts Actually Work?

Sep 20

Contrary to popular belief, trust funds are not just for the wealthy and are an important part of estate planning. The lawyers at Peck Ritchey, LLC explain that trusts not only help minimize estate taxes but also allow loved ones to avoid the probate process. Living trusts, a trust set up by a lawyer when a person is alive, allow you to avoid probate because the assets and property placed “in trust” and managed by a trustee are already distributed to the trust. Probate occurs when a person dies with assets in their name only. For example, wills are used in probate.

According to lawyer Bonnie Kraham, trusts may have started as a tool of the wealthy but now are recommended for everyone to avoid probate. The American Association of Retired Persons (AARP) studied probate in 1991 and recommended that families use trusts rather than wills to avoid probate. Kraham argues that the “AARP study on probate started what is referred to as the ‘living trust revolution,’ when middle-class people started using trusts.”

What is the difference between a will and a trust? Compared to wills, trusts not only help avoid the probate process but also allow your trustee to distribute assets more quickly to your beneficiaries. Thus, you save time and money and avoid issues like family contention of the will. Trusts are also preferable to wills if you want to leave money to minors without court interference or if you want to wait for the beneficiary to receive the money outright at an older age. With money in a trust, health, education, maintenance and support expenses can be paid for, while a will or another method requires a judge to appoint a guardian paid with your money to protect the beneficiary’s inheritance. The beneficiary will also receive the inheritance at 18.  

Furthermore, a trust, unlike the probate process, is a private document, meaning the public does not know about your estate and your beneficiaries’ inheritance. During probate, anyone may review your probate documents and estate information.

Real estate, bank accounts, investments and other assets can be used to fund your trust, and the process only requires some simple paperwork. Some assets, like an IRA, cannot fund a trust, but these assets outside of the trust can also avoid probate with the help of your elder law estate planning lawyer.

If you cannot afford long-term care insurance, you may choose an irrevocable Medicaid Asset Protection Trust (MAPT) to protect your assets after five years from nursing home costs. MAPT has a five-year look-back period, meaning all the assets in the trust are protected if you need nursing home care after five years. If you need care before five years, you will only pay the remaining time.

Trusts are no longer just for the wealthy to avoid estate taxes; instead, they can be used to save time, money, complications; keep your affairs private; protect your assets from going to nursing home costs; and give you more control over how you leave your assets to your beneficiaries.   

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Can PCBs Cause Cancer?

Apr 23

A study from the United States Environmental Protection Agency has found a link between polychlorinated biphenyls with various health effects, one of which is non-Hodgkin’s lymphoma.

Exposure to this substance that can attack lymphocytes – which can be found in the immune system of a person – has been proven through the study of the effect of the chemicals with Rhesus monkeys, a species of monkeys that are 93% genetically compatible with human beings. The study between the monkeys and PCBs concluded with the severely affected thymus gland of the monkey. The thymus gland is responsible for the development and production of necessary hormones for the body and is highly susceptible in childhood (as it is more active in the body in the years before puberty).

There are, however, other such side effects that are attributed to exposure to these hazardous substances such as neurological defects by way of hindering things like visual recognition and learning. Exposure can cause be responsible for the rise in blood pressure or serum cholesterol, among other adverse health-related side effects. The same study regarding PCBs has stated that children born to women who have worked in factories dealing with PCBs had several decreases relating to their weight and gestation.

In 2013, Georgina Gustin of the St. Louis Post-Dispatch reported that a Missouri jury may be able to decide that it was, in fact, the fault of PCBs manufactured by the Monsanto Company as the reason as to why certain people have acquired a particular kind of cancer. This was all brought to prominence when three different residents of California filed legal action against the Monsanto Company. The rest of the article can be found here: http://www.stltoday.com/business/local/pcb-case-against-monsanto-can-move-forward-appeals-court-says/article_157256ca-d886-58a5-baaf-b46029f4201a.html

The effects of PCBs are still felt as the company manufactured things like electrical equipment, food packaging, and paint, among many other things. These were not disposed of properly as a lot of the waste can still be found in large bodies of water, which not only causes severe environmental problems but it also contaminates the supply of food and water for people and animals alike.

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Some Common Questions about Selling Mineral Rights

Feb 13

Selling your mineral rights is a major decision that you should only make if you are in possession of the salient facts. Here are some of the common questions about selling mineral rights that you should ask from the get go.
Why would you want to sell your mineral rights?

The value of your mineral rights only kicks in when you exploit the minerals that may be there. You have no real way of knowing if there is anything worthwhile down there; it will depend on many factors. However, if there is a good chance that there is, such as you are in an area known to have rich deposits of oil, for example, then the only way to get it out is to mine it. Unless you have a mining company or know how to do it, this is usually the purview of development companies. Ergo, if you want to profit from your mineral rights, then you should sell them. An alternative is to lease them out, but that brings up a whole new set of questions.

Do you need someone to sell it for you?

You don’t need to get someone to sell your minerals for you. You can do it on your own by signing the proper documents, just like with any real property. However, there is no listing for the fair market value of mineral rights like surface land or cars, for example. You may have a hard time getting the full value out of your mineral rights when the time comes to sell it, or finding qualified buyers to make it easy for you. Companies like mineral auction houses take care of those problems by listing your mineral rights in their database. This is accessible to many qualified buyers that will then bid on the rights. This way, you are sure that you are getting the best possible price that the market can hold for your mineral rights.

What happens after I sell my mineral rights?

Once you sell your mineral rights, you will immediately get a significant lump of cash to spend as you want. However, you lose all control over how the mineral rights are used. If you own the surface rights, you should know that the mineral rights owner has a right to a reasonable portion of the surface land for their mining and development operations at any time. You will no longer have any profit that arises out of these operations, if any. However, if you sell at the right price, you should feel no regrets over this.

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Need Good Information About Personal Injury Look Here!

Aug 20

There are multiple legal opportunities for a personal injury case. Knowing exactly what these options are, however, is another story entirely. You can learn more about personal injury issues by reading these tips.

When looking for an injury attorney, review online resources. Avoid calling the yelling person you see in the TV ad. Doing your research as to who you would like to represent you will yield you the best possible results.

If you believe you may have grounds for a personal injury case, see a physician immediately. It’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

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.

Never sign something without the advice of your lawyer. When you are dealing with an insurance company the first thing, they will likely do is get you to settle with them on terms that benefit them. To ensure that you do not get ripped off by them, be sure to have your lawyer review everything you are asked to sign.

Consider the need that you are getting the lawyer for. There are many areas of expertise for lawyers, as it is imperative to find one that deals with personal injuries. Hiring a lawyer that is simply average across the board will not give you the best chance to win your case.

You should not decide to avoid legal procedures after sustaining a personal injury. However, you won’t have to now that you know what to do. Think about the tips that apply to you, and start taking the proper steps for just compensation. Getting compensated for an injury is your right.

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Avoiding a Conviction with Diversionary Proceedings

Oct 31

In courtroom dramas on television, all criminals are punished and sent to jail. In real life, however, there are jail alternatives for first-time offenders involving misdemeanors such as traffic offenses and public nuisance. In California, for example, Chapter 2.7 of the Penal Code outlines the pretrial diversion program for people charged with a misdemeanor.

A diversion program is generally run by the court, police department or the district attorney’s office. It is designed to minimize the incarceration of individuals whose offenses are not serious and for whom incarceration may not be the best option. It is typically the lawyer of the defendant to apply for this option on behalf of the client, and convince the judge that it is an appropriate measure for the crime. As pointed out in an article on the website of Horst Law, it gives the defendant a chance to avoid prosecution and the attendant hardships of bring in jail, such as loss of employment and personal freedoms. At the same time, such a program saves the state the costs associated with a trial and subsequent prison time in the event of a conviction.

In California, an individual who qualifies for a pretrial diversion program is not required to admit guilt, but who has to complete the program requirements to the satisfaction of the governing authority. The defendant’s lawyer and district attorney will determine the elements of the program which will still constitute as punishment. Failure to complete the requirements will cause the charges to be in force once again and the individual will go through the regular process of prosecution and risk of doing the original prison time appropriate to the crime.

A diversion program is not a free pass. It counts against the offender if and when the crime is again committed after completion of the program and the charges has been dropped, unless the defendant is a juvenile. A second charge for criminal behavior will disqualify that individual from availing of the diversion program.

A diversion program may include participation in a seminar designed to prevent a repetition of the offense, avoiding circumstances that may lead to the commission of the same offense, restitution to the victim of the crime, and/or community service.

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Suffering from a Long-Term Disability Prior to Retirement

Oct 04

As the US economy is getting back from a recession, lots and lots of people are seeking employment in order to keep ends meet. With so many people vying for limited positions, it may understandable why people who get injured while working in their jobs are easily replaced. This is the reason why it is important for every worker to understand how they can get compensation, and most importantly disability claims, so that they can have some money while recuperating from sickness or injury.

Long-term disability is one of the things that can be one of the most important things that every workers needs to know – particularly since 30 percent of 20 year old workers end up with some form of a disabling injury before their retirement. Long-term disability is an insurance benefit that helps cover a portion of a worker’s salary during long periods of time where they can’t return to work. This benefit usually takes over once the short-term disability benefit runs out.

When you have been denied to claim any benefits by the long-term disability insurance company, they won’t be able to provide you any benefits, not until you have filed for an appeal or a lawsuit. If the disability company seems to be dragging their feet when it comes to paying the worker (90 days without paid disability while claiming to evaluate your claims) would call for a lawyer to help. It is essential to have a lawyer with proper knowledge of the matter to help in dealing with these insurance companies.

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