Different Kinds of Nursing Home Abuse

Putting a family member in a nursing home can be one of the most emotional moments in life, but at least we know that our loved one is in good hands. There is a friendly medical staff that has the capacity to take care of our loved one, and there is sufficient facilities for their medical needs. But not all those in nursing homes are having comfortable lives. Some of them suffer from different kinds of abuses. What makes it worse is the fact that most of the time they do not have the capability to defend themselves, or even the capacity to communicate their situation. As someone who is not physically limited, you have the responsibility to make sure that your loved one is in a safe environment. Physical abuse This kind of abuse is the easiest to see, because most of the time there is physical evidence, like wounds. Physical abuse is mostly done by the medical staff and other patients. Some of the most common signs of physical abuse include unexplained wounds, bruises, or any kind of injury. If your loved one has clothes that are torn or bloody, he or she may also be a victim of physical abuse. Sexual abuse Believe it or not, even the elderly population is vulnerable to sexual abuse. If your loved one suddenly has difficulty in standing, walking, or sitting, unexplained injuries especially in the pelvic area, or unwarranted sexually transmitted diseases, he or she may be suffering from sexual abuse. Emotional and psychological abuse The different kind of abuses can have negative effects on the emotional and psychological state of your loved one. If you notice that your loved one is acting differently than usual, having anxiety attacks, or suddenly withdrawing from social interaction, he or she may be experiencing some kind of abuse in the nursing home. Negligence Sometimes, the abuse takes on a form that does not directly cause harm to your loved one, like negligence. If your loved one is experiencing negligence, he or she may look malnourished, dehydrated, or unhygienic. But you don’t want to get involved with legal matters, especially because of their money and time costs. So the best option is still to avoid nursing home abuse. If you see the signs stated above, start being suspicious and be vigilant. After all, we are talking about the safety of a loved one.

Sexual Abuse in Nursing Homes

More than a million elders in the United States, upon reaching the age of 60, grow weak due to chronic fatigue, illness, or gradual loss of muscle strength, which is a result of aging and/or inactive lifestyle. This weakness often necessitates physical assistance even in the performance of the most ordinary daily chores, such as eating, bathing, toileting and dressing.

When work renders family members incapable of looking after their elders on a full-time basis, though, families turn to nursing homes where they know their loved ones will be provided the time, attention and quality care they have come to need.

In 2013, about 16,000 registered nursing homes in the U.S. gave shelter and provided care for more than 3 million residents: these are people who were victims of accidents are required rehabilitation and therapy; young adults suffering from mental or physical disability; and seniors, those aged 65 and above. Majority of the residents, besides needing assistance in their daily needs, also required medical attention.

Provision of quality care that skilled nursing facilities advertise and boast of id far from reality, though, as may probably be proven by all the alarming news of abuses committed against residents. These abuses are committed by home staff, nurses or co-residents, while types of abuse include financial, physical, mental, emotional or sexual.

Among the different types of abuse, sexual is considered to be the most wicked and degrading, yet the least reported due to the humiliation that victims experience. This abuse is committed through various ways, including fondling, forced nudity, showing of pornographic materials, forcing another resident to kiss or touch the victim and forced penetrative acts or rape. Rather than complain about their unpleasant and humiliating experience, however, many residents rather choose to remain silent in fear of being suspected of suffering from dementia (memory disorder or impaired reasoning). Any unexplained scar/s and the victim’s over-sensitivity to touch can be indications of sexual abuse, though, which authorities and family members should be observant of.

A family member sexually abused in a nursing home can result to some individuals blaming themselves for the suffering of their loved one. This is not their fault or their loved one’s fault, though. Sexual abuse is the work of depraved individuals who need to be held accountable for their grievous misdeeds.

Time Limits And “Discovery” Rule In Wrongful Death Explained

Death is an inevitable fact of life. Sooner or later, when our time comes, we will die and leave our loved ones behind. However, when the death becomes so sudden and the surviving family members are not yet ready for such situation, the surviving heirs can file for a wrongful death lawsuit against the responsible party. According to the website of Williams Kherkher, coping with the sudden death of their family member can be difficult for those left behind.

When the remaining family members decide to push for a wrongful death claim, they need to remember that filing the case is governed by a statute of limitations. Depending on the state where the case was filed, the family of the plaintiff should file the case within the time limit or else they lose their right to sue. In some states, the statute of limitation is one year. In others, the time limit is two or three years.

So when does the time limit commence? The answer to this question is governed by the so-called “discovery” rule. According to this principle, the time limit for filing a wrongful death claim begins when the family of the plaintiff discovers the cause of death of their loved one. In other states, the statute of limitation can be applied at the actual death of the plaintiff.

However, if the statute of limitation has expired, the surviving family members can still file a wrongful suit claim by extending it using three options: 1) tolling the statute of limitation; 2) having it waived by the court; and 3) having it waived by the opposing party. The first option is quite common because the discovery rule is already extending the application of the statute of limitations. On the other hand, the opposing party waiving the time limit is unlikely to be met in a favorable manner.

Driving While Impaired: What Good does it Really Do?

Use of alcohol and drugs by truck drivers, as reported by the National Transportation Safety Board (NTSB), is the second most common cause of accidents involving big rigs (also called 18-wheelers, semi-trailers or trailer-trucks). Due to the enormous size of these vehicles, an impaired driver behind the wheel completes the threat of possible accident that may easily result to severe injuries or death (impaired-driving may be due to alcohol intoxication or due to the effect of illegal drugs (narcotics) or legal drugs (over-the-counter and prescription medicine).

Operating Class 8 trucks, which include big rigs and other commercial vehicles with a gross vehicle weight rating (GWVR) above 33000 lb., requires that the driver has a commercial driver’s license, possesses the necessary skills in the safe operation of a truck, is not feeling fatigued or sleepy, and is not impaired or intoxicated.

To ensure that the last requirement is met, the government has set 0.04% as the legal blood alcohol concentration limit for drivers of 18-wheeler trucks. A driving under the influence (DUI) charge and heavy punishments await those who will be caught with this BAC limit while driving. While those caught with 0.02% BAC level may not be charged with a DUI offense, they, nonetheless, can be issued a 24-hour driving suspension. These limits, by the way, are only for drivers who will be discovered to have said BAC levels while operating a truck; those who are off-duty, but registers a 0.08% BAC may still incur a DUI charge.

Despite the BAC limits and the anti-drunk driving laws, data shows that prior to crashes, many drivers were, indeed, intoxicated or alcohol-impaired. This is because many drivers consume a bottle or two during stopovers, while sharing stories with other truck drivers; some also choose to bring along extra bottles which will keep them company during the long, tiring and lonely long drives between counties.

In its website, the law firm Williams Kherkher says, “Driving while under the influence of any intoxicant is a reckless and hazardous act that could endanger everyone on or near the road.”

For drivers of big rigs, staying sober while on duty is a legal responsibility. It has been explained, time and again, that alcohol impairment can lessen one’s ability to safely operate a vehicle, much more a big rig. The risk of injury and death, especially to drivers and passengers of smaller vehicles, is the reason why drunk-driving has been made illegal. According to the National Highway Traffic Safety Administration (NHTSA), about 5,000 small vehicle occupants die every year in accidents where trucks are involved; number of deaths among truck drivers, on the other hand, number to about 700.

Victims of truck accidents will definitely need strong legal representation from a seasoned personal injury lawyer for a higher chance of claiming the compensation they will need for their medical treatment and other losses. This is because proving liability, specifically proving that the truck driver is the one at fault in the accident, may not be a simple task. Due to this, a civil lawsuit, even with evidence showing the truck driver’s liability, may still turn out to be a very challenging task.

What you need to know about bronchitis

Bronchial tubes are air passages that carry air to the lungs. When the inside lining of this tubes become irritated and inflamed, a lung condition called bronchitis occur. Bronchitis is typically caused by viruses, and so self-medicating bronchitis with antibiotics will not help, and may even worsen the condition because of the medication’s possible side-effects.

Bronchitis can either be acute or chronic. Acute bronchitis is accompanied by productive cough, shortness of breath, weakness, chest pain or discomfort, and slight fever. Production of discoloured mucus and difficulty sleeping can also be among its symptoms. These symptoms may linger several weeks after bronchial inflammation subsided. Chronic bronchitis, on the other hand, is a result of recurring acute bronchitis. Individuals with chronic bronchitis may experience the symptoms above for at least three months, and the symptoms may recur within a period of at least two years.

Persons who smoke, have a weak immune system, and are experiencing acid reflux are among those who are most prone to bronchitis. Pollution from car fumes have also been identified as among the risk factors associated with the disease. Unfortunately, some car manufacturers chose to ignore their moral responsibility of producing environment-friendly cars and instead veer towards the opposite side. The German automaker attempted to defraud clean air regulations by equipping its car with software that could defeat standard emissions tests.

If you think you have the symptoms above, visit your doctor right away for an accurate bronchitis diagnosis and treatment. Diagnosing and treating bronchitis earlier may prevent you from experiencing more severe lung complications, such as chronic bronchitis, chronic obstructive pulmonary disease (COPD), and pneumonia.

Finally, to keep bronchitis at bay, you should do what you can in avoiding irritants from entering your lungs. Quitting smoking, avoiding second-hand smoke, using air humidifiers, and wearing mask when outside are just among the many preventive measures that you can take to prevent bronchitis.

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