Common Defenses In Nursing Home Abuse Cases

Some of today’s nursing homes have become places where elderly residents get injured or die. When the family of the senior citizen entrusted them to the care of the facility, they had the assumption that their loved one is in good hands for spending the last years of their life. Unfortunately, the elderly gets subjected to physical abuse and left with serious injuries. As a result, the family of the elderly files a case to make the nursing home liability for the injuries.

Cases involving physical elder abuse can be long and complicated. Both defense and prosecution will gather evidences to get a favorable verdict. The nursing home will hire the best lawyer to get themselves out of the liability to the elderly individual. Their lawyers will use several defenses to bail their clients out of liability. Some of the common defenses will include:

Lack of Criminal Negligence

To get an acquittal for their client, lawyers will argue that there was no criminal negligence involved in the case. While the action was careless, negligence should also be present.

Lack of Intent

The lawyer will also use lack of intent in defending their client against any liability. They will prove that the accused did not willfully act in a manner that would cause harm to the elderly.

Victim Was Below 65 Years Old

Under the law, the victim should be more than 65 years old in order for the accused to be convicted. However, the defendant may still be criminally liable according to state laws.

Accused Was Unaware That Victim Was More Than 65 Years Old

The law stipulates that there should be knowledge on the part of the accused that the victim was over 65 years old. The defense can use the age factor as a reason for not being liable for elder abuse.

These are just some examples of defense that a lawyer will use to keep nursing homes from being liable for abuse or neglect of elderly residents.

Speeding may be Thrilling, but It is also Nothing More Than a Grave Act of Irresponsibility and an Act of Disregarding Your Safety and the Safety of Everyone Else

One sad thing about driving is once an individual (most especially someone between the age of 16 and 24) earns his/her driver’s license, he/she easily forgets how to be responsible on the road, more so when driving with friends. Once behind the wheel, so many drivers easily forget all the education, training, advertisements and reminders that tell them about safe driving and road safety rules which will help keep them away from an accident – from getting injured or killed, or from injuring or killing someone else. Due to this, more than five million vehicular crashes still occur every year, with at least 30,000 of these accidents resulting to death and more than two million leading to injuries.

The top four causes of car accidents, based on analysis of crash data by the National Highway Traffic Safety Administration (NHTSA), are drunk-driving or driving under the influence (DUI), reckless driving, distracted driving and overspeeding or driving above the set speed limit.

Driving above the set speed limit is the third major cause of fatal accidents among drivers, car passengers, pedestrians and other motorists. Every time a driver goes above the speed limit, he/she increases the risk of accident and compromises the safety of so many others. This is because speeding, as proven through studies and actual events, reduces a driver’s reaction time to danger, makes stopping or slowing down a vehicle much harder, and lessens a driver’s control over his/her vehicle.

There are millions of cars that fill US roads and highways every day, carrying people to different points of destination. The speed, convenience and comfort that cars give passengers have made these the most ideal means of transportation for Americans. However, like any other type of equipment, if cars are not used or driven safely, then bad results are always high possibilities.

According to a speeding accident lawyer from the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., when an accident occurs at high speeds, the amount of energy released during collision increases exponentially. The force of collision can cause life-altering injuries such as spinal and neck trauma (sometimes resulting in paralysis), head injuries, broken limbs, damage to internal organs, or severe lacerations and bruising; these are kinds of injuries that can rack up steep medical costs, and may prevent the victim’s ability to lead a normal life.

Speeding is something that a person willingly chooses to do. It can cause severe harm on anyone which, otherwise, may not even happen if traffic rules would properly be observed. This is why it is legally advisable for a victim to file a lawsuit against the driver at fault, first, to bring the liable driver to justice which, hopefully will make him/her have second thoughts about speeding again and, second, to seek compensation for the damages that his/her injury has caused, and will still cause. To make this legal move more beneficial to the victim, a seasoned personal injury lawyer or speeding accident lawyer may be able to provide the necessary legal assistance.

The Seriousness of Elder Abuse

Elder abuse has been on the rise, and the problem continues because many victims are too afraid to report their issues or they don’t know how to report them. Medical professionals have the legal and moral duty to report any abuse that occurs in a nursing home. In the state of Massachusetts, a number or laws and state regulations provide specific requisites for nurses to follow when reporting any form of abuse to their corresponding State Government.

According to the Board of Registration, abuse is defined as any “impermissible or unjustifiable contact or communication with a patient which in any way harms or intimidates, or is likely to harm or intimidate, a patient.” it can either be a verbal or non-verbal act that could cause the patient physical, emotional, mental, sexual, or even financial harm. Any nurse who has a direct observance of another nurse who committed in any form abuse has the responsibility of reporting the abusive nurse to the Board. The nursing complaint report should be completed and submitted to the Board.

Law firms such as Crowe & Mulvey, LLP suggest giving an oral report to their supervisor or their employer first, so that their supervisor or employer can inform the Department of Health. Families of the abused patient can file a personal injury claim against the staff or the nursing home facility if they prefer, and can hire a lawyer to help them with the claim. Nurses, and other medical professionals on the other hand, should follow the guidelines such as from M.G.L. c. 111, § 72G and from ref: 244 of the CMR 9.03(26). The penalties for failing to give oral and written report regarding the abuse when they where required includes a fine of less than US$ 1,000 and possible disciplinary actions by the Board.

Because of the fragile state of patients in nursing homes, any form or abuse, neglect, or maltreatment is and should be treated with seriousness. Regardless of their age, everyone has rights, and if those rights are taken advantage of then it is necessary to stop the abuse and ensure that the incident will not happen again.

Can Morcellators Cause Cancer?

Chances are, if a laparoscopic procedure is possible – that would be the most sought after option. There are many benefits with having a laparoscopic procedure done instead of a traditional one. The incision could be comparable to a paper cut in contrast to the intrusion that a traditional surgical procedure would entail. Thanks to the minimal intrusion, the recovery period would be dramatically reduced. In fact, some people who get laparoscopic surgery have been cleared out of the hospital only hours after the procedure, not weeks.

Procedures like this, however, do not come without risks. There is significant evidence, provided by claims cited on the website of Williams Kherkher Law Firm, that morcellators have been linked to women acquiring endometrial cancer after their hysterectomy procedures.

A hysterectomy is the surgical removal of a woman’s uterus. Usually, these are done for purposes that are not, necessarily, life threatening. There is quite the debate between women who have that this procedure done who are now either pleased with the outcome or in a state of absolute regret due to having had it done. It can be reason enough for regret if this procedure has caused cancer.

Morcellators are surgical devices used for laparoscopic surgeries. There is a claw-like attachment at the end of it that allows for it to morcellate the noncancerous growth (otherwise known as grinding it to pieces) and then attaching meat, then suctioning it out through the tube. The morcellators manufactured by Johnson and Johnson have been recalled after numerous claims that state that it was the use of this device that had caused for the women to develop cancer.

If you or someone you know has gotten cancer due to a link with morcellators made by Johnson and Johnson, it is recommended that experienced legal help is sought in order to be represented justly and with the fullest extent of the law, all the while having the case and the victim to be cared for by capable, compassionate hands.

Man Claims He Invented the Safest Bike Ever

The website of the Law Offices of Williams Kherkher explains that the aftermath of accidents can be overwhelming. Many people are aware of this and take appropriate precautions to keep themselves safe. For those that love biking just as much as they love staying safe, British inventor Crispin Sinclair claims he has invented the safest bike in the world.

His invention is called the Babel Bike, which according to CNET Magazine is getting its financial start as an Indiegogo campaign. Aesthetically, the Babel Bike stays true to a traditional bike by having two wheels, but veers away from the typical model from there.

The bike comes with a safety cage, seatbelt, front and rear lights, rear-view mirrors, turn signals, a horn, brake lights, and hazard lights. Sinclair says the safety cage and seatbelt minimize damage to the biker because when getting hit the biker is pushed instead of crushed.

The monetary goal for the campaign is about $74,000. Both electric and non-electric versions of the bike can be bought. The electric bike currently can be purchased for a $4,430 pledge to the campaign and runs for 50-80 miles and the non-electric bike comes in a little less at $2,950.

People who have commented about the product online have critiqued it by saying the price is way too high, and that you can get a quality bicycle for just $100. Other critiques have focused in on the design of the Babel Bike itself. Because it is seated low, they fear the rider may become too relaxed and not have the level of alertness required for a biker on the road.

Only time will tell if Sinclair or his critiques will have the last word. Maybe the Babel Bike really is the biggest road safety innovation since the seat belt, or maybe it is just another tech fad.

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