Checking For The Warning Signs of Nursing Abuse and Neglect

When our loved ones require medical care, we want them to be safe. No one wants to consider the idea that their loved ones may be suffering abuse at the hands of their nurse. Yet millions of people staying in nursing homes and hospitals throughout the United States suffer from abuse and neglect at the hands of their nurses.

In order to spot these problems before they get severe enough to cause long-term harm, it’s important to know the warning signs of nursing abuse and neglect.

The Difference Between Abuse and Neglect

While abuse and neglect both cause long-term damage, they’re not the same thing. Abuse is active harm caused with intent. Neglect is passive and causes harm without any particular intention to do so.

As an example, it’s occasionally necessary to restrain a patient. There are laws involving how this is to be done, and breaking those laws is considered abuse. This is because it’s a direct action that causes immediate harm, either through physical damage from the restraints or the use of sedation that hasn’t been approved by a doctor.

However, if a nurse was to simply leave a patient alone in their room, it could be neglect. It’s not necessarily neglect, depending on the mobility of the patient. However, if the patient has mobility problems and is simply left alone, then they are being neglected and will have health and wellness issues over time.

Looking For Signs

Unfortunately, it can be difficult to notice the warning signs. The most immediate sign is failing health or regular injuries. Patients will sometimes get injured through the course of proper care. Sometimes it’s necessary to restrain them more forcefully, or some days their mobility may not be as stable as it is on other days.

But regular signs of injury, and injuries not consistent with the information given, is often a sign of abuse.

In addition, major personality changes can often be a sign of inappropriate medications. Hospitals and nursing homes will often sedate patients when necessary, but it becomes abuse when it’s done outside of strict regulations.

Lastly, if you have a hard time getting information that you should legally be allowed to have, that’s often a warning sign. Sometimes this is simply a matter of bureaucracy or training. However, if it happens consistently then you should begin asking more questions and going over people’s heads.

In a general sense, the warning signs of nursing abuse and neglect are the same as any other style of abuse and neglect. Document any situation that makes you worry, writing down the exact thing that made you question, the date and time you asked about it, and what resolution was reached. That way, if you notice your loved ones being poorly treated you’re able to do something about it.

Stay Rested for Safe Driving

Many people are suffering from sleep deprivation these days due to the demanding lifestyle that is common. Perhaps it is because family needs are great and parents must go the extra mile to make sure their children are able to participate in the social and sports activities they they would like to.

Even if family responsibilities are not the reason for their lack of sleep, their career and/or personal relationships many be creating undue stress and sleeplessness. Whatever the reason for inadequate rest, people should make sure they are fully alert when they get behind the wheel of their automobile.

Most speed limits are at least 55 mph or higher on freeway systems and major highways, and an accident can happen in the blink of an eye at those speeds. When anyone is driving with any kind of impairment their reaction time can be too slow to keep their vehicle under control at all times. Everyone knows that driving under the influence of any type of substance is dangerous, and they can be severely fined or lose their drivers license if they are caught driving drunk or on drugs.

While driving under the influence is very risky, driving while exhausted or sleep deprived is dangerous as well. Many people get too little rest most of the time and they get up in the morning to drive to work with only a cup of coffee to get them moving. Even though caffeine may help them feel more awake, their reaction time is probably insufficient to help them avoid accidents like car crashes.

Driving in spite of feeling over-tired is just something people feel they must do in order to take care of all their responsibilities and get to work on time. There are answers to the dilemma, but it takes some organization and forethought to solve the problem.

Setting a regular schedule for evening activities will help in getting more rest, and preparing for morning is a step in the right direction. Set out breakfast the night before and decide which clothes to wear so no time is wasted in searching for the right outfit. Aiming to get to bed an hour earlier than usual will eventually become a goal that is easier to achieve.

A quick cool shower after the preferred caffeine source is a great way to get fully awake. Do not skip breakfast, but choose something that is quick and healthy such as a morning smoothie or something that can be prepared ahead of time.

Three Ridiculous Personal Injury Cases

Not everyone that files a personal injury lawsuit has a valid case. There are some personal injury cases that are downright ridiculous. These cases may seem too bizarre to believe, but they are completely real.

The Killer Whale Case

Most people would never try to get close to a creature like a killer whale. The word “killer” is more than enough to scare the average person off. However, in 1999, one man decided to sneak past security guards and dive into the killer whale tank at SeaWorld. This turned out to be a fatal mistake.

Unfortunately, the tale of this tragedy doesn’t end here. After the 27-year-old man passed away, his family filed a lawsuit against SeaWorld. In the suit, the family claimed that the park did not warn that the whales were capable of killing people. They claimed that the plush animals sold by the park were misleading. The lawsuit was eventually dropped without a settlement.

Injured By The Weatherman

Most people know that the weather forecast isn’t completely reliable. However, at least one person has gone so far as to file a personal injury lawsuit against a weatherman and his predictions.

While the weatherman predicted warm, sunny weather, it wound up raining heavily that day. A woman filed suit against the weatherman, claiming that his forecast caused her to dress inappropriately for the rainy weather. After she was caught in the rain, she wound up catching the flu and missing work.

Shockingly, this case wasn’t dismissed. Israeli courts awarded this woman $1,000 in damages. Now, weathermen in Isreal are a lot more cautious about the predictions that they make.

The Haunted House That Was Too Scary

When people go to a haunted house, they generally expect to be scared. However, one woman that visited the House of Horrors in Universal Studios thought that the scares were too much to handle. After she exited the attraction, she filed a lawsuit, claiming that she had sustained psychological trauma.

Unsurprisingly, the case was dismissed early on. The courts stated that anyone that visited an attraction called “The House of Horrors” should be prepared to be frightened. Since the woman chose to enter the haunted house, she did not have a valid personal injury claim.

While most personal injury cases are perfectly reasonable, there have been a few cases that are downright bizarre. There are people that will file a lawsuit over absolutely anything. Luckily, the majority of these cases get dismissed.

Who Is Responsible For Injuries Incurred From Mass Transit Accidents

Mass transit is one of the most important resources that we have. The mobility of people plays a huge role in the growth of our country and the sustenance of our development. Close to home, mobility is a key ingredient in our personal success. To have access to mass transport systems means that you are in a position to move to your place of work, schools, or any other place efficiently and cheaply.

However, even with all the benefits that these systems accord us, in certain instances, they endanger us. Case in point, instances of mass transit accidents. Incidents of accidents on transit systems are, unfortunately, quite common. Accidents such as collisions or slipping and falling are common among users of transit systems. Such accidents may lead to sprains, torn ligaments, lacerations, abrasions, back injuries, broken bones, scarring, brain concussions, and in worst cases they result to death.

When faced with such cases, you are entitled to compensation under the law. So, who is responsible for injuries that you get from a mass transit accident and by extension, is responsible for the compensation that you are entitled to.

To understand this matter, you need understand that the mass transit operators are charged with the duty to ensure the safety of the users. Under the federal and state laws, operators of all the mass transit system should take steps to negate the possibility of their clients suffering from any injury. Such operators include subway, ferries, trains, trolleys, water taxis, buses, and many others. These carriers, they should:

#1. Hire qualified personnel,
#2. Provide security, and
#3. Monitor, maintain and correct the vehicles they have and operate.
#4. Ensure the entry points and the exits are safe for passengers.

As such, the carrier of the particular transit system in which you get injured is therefore charged with the responsibility of the injuries incurred. This is especially when the result of the accident is due to the operator negligence or operator error. Therefore, when the operator fails to meet their responsibility in as far as operating the transit properly, they are held liable.

However, you should note that there is a statute of limitation on making claims for injuries resulting from a transit system. In many cases, the limitation is usually between one and five years. Additionally, if you have such claims, you should ensure you have good personal injury law firm as many of these operators have very good lawyers.

Plan Ahead In Case Of Injury On Vacation

Vacations are great. You can pack a bag, head off to some exotic location, and simply enjoy the rest and relaxation. Unfortunately, sometimes accidents happen. No one enjoys preparing for an accident, but it’s important that you plan ahead. Otherwise, you may find yourself in a situation where you’re severely injured and no help is coming.

Plan Ahead

The first thing to do is plan before you head on vacation. Make sure all of your insurance information is on hand and updated. Ensure that you have some way for people to find out who to contact if you get hurt. Don’t rely on being able to call for help yourself. You may not have that luxury.

It may also help to get a health exam. That way, you can know ahead of time if you have any issues that require extra care. Make sure to pack any first aid or medical equipment you may need, as well.

Lastly, make absolutely certain that you have a way to contact people for yourself. Don’t go off without a cell phone if you can help it. If you can’t, then make certain people know where you’re going, how long you’ll be gone, and what to do if you don’t show up when you’re supposed to.

When You Get Hurt

If the worst happens and you get hurt, don’t panic. It’s understandable to be worried, but keeping a clear head will help you plan much more easily.

First, assess the situation. How hurt are you? Where are you? Are you near civilization, or are you out in the wilderness? If you’re in a city, then the situation becomes easily solved. Simply call the emergency line available to you. Someone will send help and hopefully, you won’t have to worry about further injury.

However, if you’re out in the wilderness, it’s not as clean cut. This is why you need proper first aid for yourself. If you have the equipment you need to tend your wounds, you’ll have a much better chance of making it back to civilization.

And of course, make sure you’re able to explain to the doctor what happened and how to help. If you’re in an area where you don’t speak the native language, try to have someone who can speak the language with you. At the very least, have them on the phone. That way, you can make sure the doctors know what you need and how to help.

What Constitutes A Class Action Law Suit?

A class action lawsuit is basically when more than one person or a group of people who have suffered the same injuries or damages bring a lawsuit against a single defendant.

The lead plaintiffs in the case need to request a class action certification from the court in order for it to be deemed a class action suit. These types of lawsuits are only related to civil action where monetary compensation is being claimed for injuries and damages that the plaintiffs have experienced.

The burden of proof is on the plaintiffs to provide evidence that the defendant is liable due to their negligence, direct or indirect actions. In other words, it needs to prove in a court of law that the defendant is at fault in causing the damages or injuries.

The plaintiffs may be represented by more than one lawyer or attorney in a class action suit. However, the case needs to be brought as one suit and be represented as such. This means that all the plaintiffs need to be in agreement regarding the best way to bring the case to court.

If the lawsuit is successful, the compensation lawsuit awarded by the court will be shared among the plaintiffs. Some plaintiffs may receive more or less depending on a number of damages, medical or other expenses that they may have incurred.

Lawyers and attorneys normally take on class action civil suits on a contingency basis. This means that they require no payment for their services and will receive a portion or percentage of the settlement amount or compensation awarded by the court. The remainder of the claimed amount will then be shared among the plaintiffs.

If the case is not taken on a contingency basis, the law firm may require a retainer. This is an amount that will need to be paid upfront to cover the initial fees and charges related to the case. Future charges will need to be paid on an ad hoc basis in order for the legal representation to continue.

This can become quite and expensive exercise, especially in class action cases that are complicated and drawn out. Class action suits are by nature complicated and it is necessary to plan for future legal expenses. The plaintiffs may club together to pay the retainer as well as other expenses from the legal team representing them.

Getting Hurt At Work: Who’s At Fault?

Getting hurt is never a good thing and if you get hurt at work, you might be wondering what your next steps should be. You are probably wondering who is at fault. Is it you? Or your employer? In most cases, your employer is at fault and you can get your medical bills paid and any expenses paid that are the result of the injury.

Sometimes you don’t have any protection for your injuries sustained on the job. If you are an independent contractor or railroad worker, you are going to have to take care of your injuries yourself. You could also on the hook for your own expenses if you were very negligent on the job or blatantly ignored safety rules. Your employer could actually sue you in this case.

In the vast majority of cases, your employer is going to be at fault and your expenses are going to be paid for through workers’ compensation insurance. Work related injuries happen on the job and they are the result of carrying out your job duties. If you cut yourself with a knife on your lunch break in the cafeteria, that injury would not be considered to be job related.

Your employer is required to carry workers’ compensation insurance to cover claims and you can file a claim for benefits if you are injured. Sometimes employers don’t have this coverage and if you are injured and your employer doesn’t have insurance, you can sue your employer. If you do end up suing your employer, you are going to be eligible for compensation for your injuries, loss of income, pain and suffering and any other financial concern that is related to your injuries.

Sometimes you get injured and you think you are fine, but you start to experience problems months or years down the road. If these injuries are work related, you will want to see a lawyer and see what your case is worth. You might find that you have a case that is worth quite a bit of money and that your employer is liable for your injuries.

Getting hurt at work is stressful, but in most cases your injuries are going to be covered by your employer. If they aren’t, you should see a lawyer to see if you have a legal claim against your employer so you can get your medical bills paid.

What to Do If Injured in a Hit and Run

The most important thing to know is that your immediate actions after you have been injured in a hit and run will greatly affect your chances of being the responsible party to terms and receiving compensation.

If the Police are able to locate the driver and vehicle responsible for running you down, there is a better chance that you can file a lawsuit or a claim against their insurance provider. No matter which course of action you choose to pursue, you can count on an experienced personal injury attorney to present your case in the most advantageous way possible.

What to do in the Aftermath of a Hit and Run Incident

If you or someone you care about has been injured in a hit and run, the injured person will be disoriented and not thinking straight. Following are some of the steps that will need to be taken, if you are injured, get someone you trust to help you with taking these steps.

-Take a note on all the specifics you can remember about the vehicle that hit you. Remember the model, the color, and the state the plates are from. If you can’t remember this, jot down anything you do remember. Even the position of the driver relative to your location can give you a clue as the height of the vehicle.

-Take some photographic evidence to support your story. As the injured party, your testimony itself will be very important and carry clout. But, if you have some immediate pictures to take, it will make the story all the more believable.

-Get medical attention to be sure all aspects of your injuries are addressed. This includes asking your physician about any ongoing treatments or therapies you could require.

-Be careful what you say to the insurance companies. Remember they are looking to dodge responsibility and anything you say can give them a reason to not pay compensation. For example:

“Hello, I’m Mr. Swindler from the Shady Gray Insurance Co. How are you today?”
“I’m Fine”
“Then we have nothing further to discuss”

Any small admission of guilt or innocuous comment could be an excuse for them to short pay you. Just stick to the facts and nothing more. No pleasantries, no further comments, just the facts.

If the Police Department is able to catch the guilty parties, be sure to counsel with a reputable personal injury attorney. It is important to have a professional perspective guide you on this course to gain your rightful compensation and help you with estate planning after an injury.

Who Is Responsible when an Accident is Caused by Faulty Vehicular Components?

Obviously, driver error is the primary cause of all vehicular accidents, even if the fault is poor maintenance. Nevertheless, there are a few instances where an accident is caused or made worse by the fault of defective vehicular components.

When this happens the family or victim may file a product lawsuit against the car manufacturers.

Some of the most common faulty vehicle equipment that can cause serious accidents and injuries:

1. Airbags

Airbags are designed to inflate rapidly and protect the driver and passengers from serious injury, but, if these malfunction they can cause serious injury. Even if the accident is your fault if the airbags fail to open you can be seriously injured. The same holds true for airbags that inflate at the wrong time.

If the slightest tap or rough speed bump causes your airbag to inflate it can cause injury or even an accident. Finally, airbags should be designed to mitigate the injuries in an accident not make them worse. If the airbag inflates too quickly it can snap the neck in an awkward position and cause serious injuries.

2. Seatbelts

Seatbelts are also meant to keep the occupants of a moving vehicle safe in the event of a collision. If they were to come undone upon impact the lives of the driver or passenger can be in danger. This can be caused by a faulty buckle that released upon impact or a shoddy design that breaks or fails during impact.

3. Roofs and rollovers

All cars today must meet certain specifications for safety in the event of a rollover. If the safety roll bars in the car’s frame are compromised, the interior of the car is no longer safe. A rollover can mean death or serious injury for the occupants in the car.

4. Brake Failure

The brakes could fail by taking a car for crucial brake service at an inexperienced mechanic. This can cause no end to serious accidents.


5. Power Steering Failure

While this does not entirely remove the capacity to control a car, when the power steering fails it can be very difficult to steer a vehicle and this can result in an accident.
Final Notes on Faulty Vehicle Equipment

There are a few other faulty components that can cause or aggravate a car accident and injuries sustained. If you have been the victim of faulty vehicle equipment it is essential to gather all evidence of the accident as you can. Seek out the counsel of an experienced personal injury lawyer to help you find compensation.

Some Common Birth Injuries

In some cases during the birth process, babies may suffer some physical injuries as a result of the process. Injuries during birth are mainly attributed to the size or position of the baby during the labor and delivery periods. The possible injuries that can occur are of varying implications to the child. Most of them are caused by oversized babies, prematurity during birth, prolonged labor and un proportionality. Below are some common birth injuries;

Caput Succedaneum

This is a significant swelling of the soft and vulnerable tissues on the baby’s scalp that is caused by the process by which the baby traverses through the birth canal. Bruising of the area is common and the implications, which is simply the swelling, may go away after a few days. This injury is prevalent in babies who deliver through the vacuum extraction process.

Cephalohematoma

This is an injury whereby the baby bleeds beneath one of the cranial bones. It is seen a couple of hours after the birth of a baby. It is manifested as a lump on the head of the newborn. After some time, the baby’s body automatically absorbs the bleeding, and the injury goes away. It may take between three weeks and a month for the lump to completely go away. In some severe cases, the baby may have jaundice as a result of excessive bleeding.

Bruising

This injury is mostly manifested on the face of the newborn baby. It is caused by the trauma suffered by the baby when moving through the birth canal and coming into contact with the pelvic bone of the mother. Forceps used during the delivery process can also lead to bruises or marks on the baby. This kind of injury is common in babies delivered through vacuum extraction.

Facial Paralysis

During the birth process, the nerves on the baby’s face may be damaged due to the pressure applied. This can also be caused by the force applied on the forceps during delivery. This injury is manifested when the baby is seen crying during the delivery process. The implications of this injury are the inability of the baby to move their face and close their eye after birth. If the nerves were bruised, the injury often clears within a few weeks.

Fracture

Fractures mostly occur on the collarbone of the baby. This bone may break when there is difficulty delivering or during a breech delivery. Fractured clavicles heal quickly, and a baby with such an injury can be identified with lack of activity on the side with a broken clavicle.

If your child has suffered from a birth injury due to a doctor’s negligence, you have the right to seek compensation to ensure that they have a long and healthy life. Any vehicle injury lawyer is a good choice in representation.