Acts of Abuse or Neglect in Nursing Homes can be a Federal Offense

In 1986, a study that would evaluate the quality of care in U.S. Medicare and Medicaid nursing homes was conducted by the Institute of Medicine due to a request by the U.S. Congress. The study revealed that residents (elders, children and young adults with severe disabilities) were often neglected, abused, and provided with sub-par care, thus, the so many cases of bedsores, pressure ulcers, injuries due to slip and falls, sudden weight loss, dehydration and malnutrition, many of these ending in serious injuries and a number of wrongful deaths.

Those who commit acts of abuse and negligence in nursing homes can be charged with a federal crime because these acts run in contrast to the stipulations of the 1987 Nursing Home Reform Act, which mandates nursing home facilities that receive payment from Medicare and Medicaid, to:

  • Provide services and activities that will help attain or maintain the highest possible physical, mental, and psychosocial well-being of every resident in accordance with a written plan of care; and,
  • Ensure that residents are free from corporal punishment, involuntary seclusion and all forms of abuses, including, but not limited to, verbal, physical, mental abuse, and sexual abuse.

Besides these two mandates, the Act also addresses other issues, including sufficiency of staffing, individual patient assessment, and assurance of hygiene and nutrition; it also establishes the “Residents’ Bill of Rights acts of abuse or neglect can be a federal offense,” which is a list of rights that will empower residents in the face of neglect and/or abuse.

Records from the Centers for Disease Control and Prevention (CDC) for 2014 show a little above 15,000 certified nursing home facilities in the U.S. and about 1.5 million residents and patients. Having more facilities should be an advantage as this will mean more places for elderly services. However, with 90% of all nursing homes lacking the required number of staff, as per the American Association for Justice records, this would be a cause of major concern considering the fact that it is in understaffed nursing home facilities where instances of abuse and neglect are widespread.

Families with loved ones in nursing homes should know that acts of abuse or neglect can be a federal offense. Any sign that their loved one is experiencing an act of cruelty while under the care of a nursing facility, they should never hesitate in pursuing legal action against the liable party. To learn more about negligence in nursing homes, the rights of victims and how victims can pursue justice and compensation, click here:

What Safety Measures Should Be In Place In Construction Sites?

Construction sites are inherently one of the most dangerous places to work in. The abundance of risk hazards such as falling objects, scaffolds, loose wires, and others can put in danger the safety of construction workers. Given these circumstances, the website of Hankey Law Office recommends the implementation of the strictest safety standards. Unfortunately, some construction site owners fail in this aspect.

The Occupational Safety and Health Administration or OSHA is the lead agency in ensuring that construction sites implement the strictest safety standards. This policy must be strictly followed by the management down to the employees. Here are some safety measures that should be implemented in every construction site:

Safety First

Prior to starting with your work, make sure that your work area is free from risk hazards. Check if the scaffolds have a strong platform or base. This equipment is associated with a high incidence of injuries so do check the stability of the scaffolds.

Watch Out For Loose Wires and Other Electric Hazards

Loose wires and other electric hazards expose construction workers to accidents such as electrocution. Electric equipment is equally dangerous and must be handled with extra care. Experienced workers should be the one to operate the equipment. If someone new was hired for the job, ensure that they are properly trained and knowledgeable with the machine that will be operated on.

Wear Protective Gear

Falling debris can cause serious head injuries and as such every worker must wear protective helmet. Protective gloves and clothes should also be worn by employees who will be exposed to toxic chemicals. Construction workers should also work visible clothing so they can be easily seen especially in areas where there is a high traffic of moving heavy vehicles.

While ensuring the safety of the workplace is the foremost responsibility of the employer, employees should also do their share in creating a safe working condition for them.

All You Need To Know About Wrongful Death

Death is an inevitable fact of life. Each one of us will die and we cannot stop it. But when a loved one dies due to the negligence of another person, that is unacceptable. According to the website of Karlin, Fleisher & Falkenberg, LLC, the sudden death of their loved one can have a huge impact on the surviving family members. The good news is that they can file a wrongful death lawsuit on the responsible party in order to ease their and pain and suffering.

Wrongful death is a civil case that can be filed against a person or business for their responsibility in the death of another person. The sudden death of the plaintiff could be the result of the following:

  • Negligence or carelessness
  • Design or product defect
  • Recklessness or gross negligence
  • Intentional acts

Depending on the state where you live, wrongful death laws lay down the specifics of filing a case against the defendant. It also explains the possible damages, the statute of limitations, and other procedures. As mentioned, the damages that can be recovered will depend on the state where the case was filed. In general, it will be the surviving members of the family or estate who will receive compensation for:

  • Lost financial support
  • Loss emotional support suffered by the survivors
  • Medical expenses
  • Funeral and burial cost

For a wrongful death case to be successful, it would have to satisfy the basic elements such as duty of care, act or omission that breached that duty, the action directly caused the injury or death, and there were resulting damages. As to who gets the damages? The court will consider several factors in the determination of the amount as well as the recipient. Punitive damages may also be awarded to the surviving members of the family.

Effects of Broken Bones in Children

Fractures, which happen when bones break, can have different effects on adults and on children, whose bones are more flexible because they are otherwise still growing, according to the website of Crowe & Mulvey, LLP.

Adults have around 206 bones in their bodies, with the largest being the femur or thighbone, which makes it possible for people to engage in activities such as walking and jumping. The smallest bones in the body are called stapes, which are found in the middle ear of humans and other animals and which are responsible for the production of sound waves in the ear, making it possible for the person or the mammal to hear. Some bones are flat, like those inside one’s skull. Some have a cube shape, like those that make up one’s wrist. However, most of the bones in one’s body are called long bones, which are found inside one’s arms, legs, hands, and feet, which are responsible for mobility and flexibility.

One can find out that one has broken bones if he/she gets an X-ray of the affected bone area. On an X-ray, bones have a whitish appearance. However if a bone is broken, the bone will manifest as dark-colored.

Children are more susceptible to bone breakage because their bones are still growing. An example of a breakage is the growth plate fracture, which happens near the end of the bone where the growth occurs. An X-ray of a growth plate fracture can appear normal, because growth plates are made up of cartilage, not bone.

A buckle fracture is characterized by an irregularity in the bone, not an outright crack. On the other hand, a greenstick fracture happens one side of the bone is slightly cracked, while the other side appears to be normal.

Complete, compound, and stress fractures can occur in both adults and children. A complete fracture happens when the ends of a bone are not touching each other, causing it to split into two parts. Meanwhile, a compound fracture happens when one of both ends of a bone have pushed through the skin. A stress fracture can sometimes only be detected by computerized tomography (CT) or magnetic resonance imaging (MRI) scans because they are so subtle that they can hardly be seen.

Wrong Diagnosis

Incorrect medical treatment, prescription error and medical blunders are just some of the many sorts of medical malpractice. What is typical about these three is why these are but only outcomes of another error – a wrong diagnosis.

A doctor’s failure to generate an exact analysis of someone’s illness may result to the worsening of their affliction since no treatment has actually been made; other than that, there’s also the danger of causing a fresh sickness to develop, generally due to prescribed medicines that might cause side effects. Analytical mistakes, however, are not merely restricted to misdiagnosis; delayed analysis is also included by these. Thus, thanks to these errors, a physician might end up creating a treatment that is delayed making an incorrect remedy, or not making any remedy in the slightest.

According to Habush Habush & Rottier S.C.‘s website, one crucial detail a patient has to know about wrong diagnosis is that not all misdiagnoses can merit a medical malpractice litigation. That is especially true when the error is committed as a result of a patient’s concealment of crucial health information from his or her doctor, defective or faulty medical products, a language barrier between the patient as well as the physician, when the signs manifested by the condition neglect to match the common analysis, or human error, like contamination or mix-up of radiology pictures or laboratory test results, use of improper procedure by the technician or the technician missed something in a pathology slip or x-ray.

Alternatively , when the misdiagnosis is born a doctor’s dearth of ability in providing habitual medical action, an evident misconduct as a result of the physician’s laziness, non-adhesion to the doctor’s signal of conduct or an apparent act of neglect that results to individual damage, then such analysis may surely warrant a medical malpractice litigation.

It’s occasionally fairly challenging to hold doctors liable to these sorts of investigations. Nonetheless, in many cases, another health-related employees may actually function as the basis for the blunder, so, creating a blunder is committed by the physician too.

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