Oklahoma Nursing Home Abuse

Posted by on Aug 30, 2017 in Personal Injury | 0 comments

Nursing homes and assisted living facilities are meant to be a place of trusted care for elderly loved ones. These organizations aim to provide elderly individuals help with medical needs and daily tasks that other family members often cannot manage on their own. However, these environments are also associated with a history of abuse and neglect, due to the power imbalance between caretakers and residents. Elderly individuals are one of the groups most at risk for abuse because they are often unable to care for themselves. Unfortunately, much of the time, these abuses are not reported until after they have been occurring for an extended period of time. This was the case in a residential care facility near Vinita, Oklahoma.

Oklahoma new source, News On 6, reported on the closure of the Branding Brook Independent Living center, in January 2017. The center’s owner, Robyn McKinney opted to close the facility, after she was charged with over 15 different counts, most for caretaker abuse and one for assault and battery. McKinney owned and operated this facility for physically and mentally impaired elderly and was allowed to continue her abusive behavior for a significant amount of time. None of the residents or their family members had reported the previous abuses, but the incidents were finally brought to light after she attacked and bit a resident. These physical marks of abuse were unavoidably obvious, and another individual called police officers to make a report. All residents of this facility have been placed with other assisted living centers, and their personal and medical records are no longer in McKinney’s possession. Additionally, McKinney is facing felony charges for her repeated abuse of these residents.

Abuse of any kind is absolutely unacceptable, but the abuse of the elderly feels even more despicable. These individuals require the assistance of others after they have lived good and long lives. They deserve to be treated with respect and dignity, yet some people view this as an opportunity to exploit weakness. Over the last decade, the U.S. has become more aware of the many cases of nursing home abuse, but it is a difficult problem to end. Many of these cases are not reported, and even when they are, they are often not taken seriously, or the consequences of these actions are lenient at best and nonexistent at worst. Thankfully, Robyn McKinney is facing justice for her actions, but there are many other abusive caretakers who do not face the same treatment.

The families affected by McKinney’s despicable actions are likely feeling frustrated and angry at this situation, but they have the right to fight back. With the help of an experienced personal injury lawyer, these families can file a lawsuit and receive compensation for the physical, emotional, and financial losses caused by this nursing facility. Anyone who has faced nursing home abuse needs to understand their rights, and how they can end their own abuse and abuses across the country.

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Sedation Dentistry: For Patients Who Cannot Bear the Thought of Being in a Dentist’s Chair

Posted by on Jul 3, 2017 in Dental Care | 0 comments

So many individuals choose to skip their dental appointment for two major reasons: pain and discomfort. Thus, despite all efforts to increase patient comfort, dental treatment is one necessary health care that many rather avoid.

Well, there is great news for all those who need to undergo dental treatment but are quite afraid to do so: Painless Dentistry through the Sedation.

An absolutely safe procedure, sedation dentistry is a kind of dental treatment where a patient is calmed through the use of mild forms of sedation before performing a dental procedure.  To help relieve patient anxiety, the area that needs to be treated it numbed so that the patient will not feel the dental treatment. The procedure would have been completed by the time the sedation wears off. According to the Passes Dental Care clinic, three types of sedation:

  • Oral Sedation – typically given orally to be swallowed or can be dissolved underneath the tongue. Medication can be taken before the procedure and patient will still be able to communicate with our dental team during the treatment.
  • Inhalation Conscious Sedation – nitrous oxide, or laughing gas, that is inhaled through a small mask placed over your nose and can be used alone or with an anti-anxiety medication that is taken orally. You will not fall asleep after being sedated, but will be relaxed throughout the entire procedure.
  • IV Conscious Sedation – sedative is delivered directly into the bloodstream intravenously (through the vein). The level of sedation can be controlled and adjusted more quickly and easily.

Of the three, oral sedation is the most popular. However, IV sedation has the most immediate effect on the body.

Sedation dentistry has actually been practiced by dentists for many years; new techniques, however, has expanded its application, allowing it to be used even for simple treatments, like teeth cleaning. The calming and numbing effects of sedation have also proven an effective antidote even for people who cannot bear the thought of being in a dentist’s chair.

 

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Sexual Harassment: A Problem in the Workplace

Posted by on May 4, 2017 in Sexual Harrasment | 0 comments

Sexual Harassment: A Problem in the Workplace

The workplace can be a dangerous place, and sometimes, the danger is not always about workplace accidents, but about hostile work environments. A workplace can be considered hostile if an employee is abused or discriminated. Most of the time, the abuse and discrimination involve age, gender, and even race.
But one factor is often overlooked – sex. Sexual harassment may come in many forms, such as the following:

  • Asking questions that are both too personal and sexual
  • Commenting sexually on a person’s body or clothing
  • Excessive touching
  • Making sexual gestures, such as whistling
  • Sharing materials that are sexual in nature, such as nude photos and pornographic videos
  • Talking to another person with sexual intentions and suggestions

One or two instances of the above actions may be unintentional, but multiple instances may make the environment hostile and may have effects on employees.

Effects on Employees

The most affected employees are the sexually harassed. Their productivity may suffer because they start being conscious of their body, and they may think about past, present, and future harassments too much that they will not be able to work. If the situation is bad enough, they may even intentionally avoid work, and this usually comes in the form of calling in sick.
According to the website of Cary Kane, LLP, those who have been victims of sexual harassment in the workplace may have legal options. This is justifiable, because after all, their employment and financial standing may be at risk here, not to mention their physical and mental health.
Sexual harassment can have an emotional and psychological toll on victims, such as anger, anxiety, depression, fear, feeling of vulnerability, and loss of self-worth. These problems may result into behaviors that may be detrimental to physical health, such as over or under eating, sleeping, or working, and on the worst cases, even suicide.

Responsibility of Employers

Essentially, employers have employees so they can operate their business, but this doesn’t mean that their employees are just pawns. They are people with rights, and one of these rights is to have a work environment that is not just safe, but also conducive for productivity. Employers should enforce rules and regulations to ensure that their employees are not compromised in any way.

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Why Speeding is Dangerous

Posted by on Feb 14, 2017 in Uncategorized | 0 comments

Car accidents are such serious issues that they are being talked about not only by medical professionals, but also by legal professionals. According to the website of Habush Habush & Rottier S.C. ®, one of the causes of such accidents is speeding.

Speeding is not just about driving over the speed limit, as it can also be about driving too fast when the road and weather conditions are considered. Below are the reasons why speeding is dangerous and recklessness, causing numerous accidents year by year.

Greater collision impact
Common sense tells us that when a vehicle is traveling faster, the force if it crashes to another object also becomes greater. This is the most obvious consequence of speeding, yet there are drivers out there who speed and risk themselves to traumatic injury just because of the adrenaline rush of speeding. It is also important to note that safety equipment, such as airbags and seatbelts, do not function in their best when the speed of the vehicle is too great.

Less vehicle control
If a vehicle is speeding, its driver has less control of it, particularly in curves and turns. This puts the driver and his passengers at greater risk of crashing or colliding with another vehicle. This is also applicable not just on curves and turns, because even traveling straight ahead can be problematic, as simple lane changes become harder and the driver becomes more vulnerable to losing control, veering off the road, or overturning.

Less reaction time
There are a lot of factors that affect reaction time, such as the driver’s perception and ability to react, and the vehicle’s braking capability. The driver’s perception and ability to react can be very limited when a vehicle is traveling at excessive speeds. The vehicle’s braking capability is also compromised, because stopping a fast vehicle takes a longer time compared to a slow vehicle.
To sum everything up, speeding makes the driver more vulnerable not just to a simple car accident, but to a devastating one. The situation becomes more tragic if an innocent motorist is involved, like a passenger or a driver of another car.

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Common Driver Error In Car Accidents

Posted by on Sep 30, 2016 in Car Accidents | 0 comments

When driving cars on a heavy traffic, it is important for a driver to stay focused on what is going on in the road. Errors have no place in traffic as it could result to injuries or worse death. The website of LaMarca Law Group P.C., reveals that diver error often happens as a result of carelessness, general negligence, and a variety of other reasons.

Every driver has a duty of reasonable care for other drivers. Many car accidents were caused by minor errors that have serious consequences on the driver as well as their passengers. Here are some of the most common driver errors that have caused injuries or death to other drivers:

Disregard of Traffic Control Devices

Traffic control devices are in place for the safety of drivers and pedestrians. When they obey traffic rules by beating the red light or exceeding the speed limit, they are not only putting their life and of their passengers but also that of the other drivers.

Disrespecting The Right of Way

One of the ways you can avoid car accidents is to follow the right of way. A merging traffic needs to have a warning sign. Cars entering a road or highway have the “right of way” and other drivers should recognize this and follow the rule.

Dangerous Passing

Passing another vehicle in a no-passing zone, where the line of vision of incoming cars is blocked, is a dangerous mistake that could cause risks to both the driver and passenger.

Dangerous Turning

Turning from the wrong lane or suddenly stopping or slowing while in traffic cam be extremely dangerous to other drivers.

Driving On The Wrong Side of the Road

Driving on the wrong way on a one-way road or driving in an incoming traffic lane is also a a dangerous behavior.

Maintenance Issues

Drivers have the duty to ensure that their cars are safe to drive. A poorly maintained brake can play a huge factor in the risk of car accidents.

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Spousal Support after Divorces

Posted by on Apr 19, 2016 in Divorce Rules | 0 comments

Fifty-year-old Emmy-award winning film and television director Alex Graves and his ex-wife Sarah recently have finally agreed on a divorce settlement: half of his income from all his television shows, which would be a high sum, considering that Graves boasts two Emmy wins for The West Wing and Game of Thrones, an adaptation of 67-year-old author George Raymond Richard Martin’s best-selling book series A Song of Ice and Fire.

Graves also directed the comedies The Practice, Ally McBeal, and Shameless, and the science fiction series Fringe.

On top of that, Graves has to pay Sarah $8,625 each month in alimony, which will have an additional if he earns more than $425,000 in a year.

Graves and Sarah will share custody of their two children, with Graves paying $5,657 per month in child support.

According to the website of the Maynard Law Firm, PLLC, a spouse or domestic partner can ask the courts to order his or her spouse or domestic partner to provide him or her with spousal support in case of a divorce, legal separation, or annulment or a domestic violence restraining order. If the spousal support is ordered during the deliberation of the case, it is called a “temporary spousal support order” or a “temporary partner support order”.

As discussed on the California Courts website, factors that influence the amount of spousal support that a judge may order include the length of the marriage or domestic partnership; what each person needs based on the standard of living that they had during the marriage or domestic partnership; whether forcing the plaintiff to get a job to pay for his or her daily expenses would affect child-rearing; the age and health of both people; debts and assets; whether one spouse or domestic partner helped the other get education, training, career, or professional license; and whether domestic violence existed during the marriage or domestic partnership, among others.

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Cerebral Palsy Types

Posted by on Nov 19, 2015 in Personal Injury | 0 comments

Cerebral palsy (CP) is diminished motor development on account of harm to the cerebrum, resulting in disordered palsy or movement which affects a little over 2 in each 1,000 live births. The harm might occur in early childhood, during delivery, or during pregnancy. The illness could result from intrauterine infection, exposure to lead, prenatal asphyxia, birth trauma, insufficient air supply to the brain, brain injury in early childhood i.e. shaken infant syndrome, encephalitis, meningitis, or brain cancers. Children with a low birth weight are believed to be high risk, and generally include premature newborns and multiple-birth. Males are also more inclined to get CP.

A lawyer would probably let you know that an analysis is possible at the time of arrival, but it’s delayed for 1. 5 years for most effective treatments and a more accurate evaluation of motor improvement. CP is a condition that is non-progressive, meaning it won’t grow worse over time.

Cerebral Palsy Types

There are four classifications of CP, based on the part of the brain affected as well as the motor issues. These are:

  • Athetoid/dyskinetic – damage to the basal ganglion results in poor coordination and involuntary muscle movements. This type of CP affects 10% of CP victims.
  • Spastic – damage to the cortex causes muscles to tighten involuntarily, affecting posture and freedom. It is the most common CP type impacting about 80% of the population.
  • Ataxic – damage to the cerebellum causes issues with balance and coordination. It is the least common CP, affecting between 5-10 percent of the CP population.
  • Mixed- a few regions of the mind affect, leading to a variety of signs of the three types in varying levels of intensity.

Costs of CP treatment

There is no absolute cure for CP, but with the proper care and medication it may be managed. However, the expenses may be high, particularly in instances that are severe. The Driscoll Firm website states that in the case your kid has CP because of a birth injury, you might have grounds for a personal injury claim.

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Cleft Lips and Cleft Palates

Posted by on Aug 9, 2015 in Personal Injury | 0 comments

Pregnancy is a difficult, but often wonderful time in a women’s life. Expecting mother’s take every step they can to ensure the health of their future child, suffering through side effects such as morning sickness in the process. To treat morning sickness, many women began taking the doctor-prescribed drug Zofran or its generic version to prevent nausea and vomiting. However, when a fetus is exposed to this drug, a number of birth defects can form including a cleft lip and cleft palate, according to the website of Williams Kherkher. While this is often confused as just a problem that affects appearance, it can also cause a number of physical problems.

A cleft lip or cleft palate can cause difficulty feeding in newborns, making it harder for them to form their lips or mouth properly. A cleft palate, in particular, can also cause difficulty breathing as it deforms the jaw. One of the more unknown effects of a cleft lip or palate is the increased risk of ear infections. As cleft children suffer from a malformation of the upper air way, ear infections such as middle ear are more common. A cleft can also affect the development of teeth and the ability for teeth to grow correctly. Further, as children learn to speak with a cleft lip or cleft palate, they may experience speech problems early on that last throughout their life.

After taking Zofran, many women began seeing cleft lips or cleft palates in their children with the side effects causing serious health complications. With the often devastating results of a cleft lip or palate, it is clear that both are serious medical conditions that cannot be ignored.

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Legal Proceedings over Late Robin Williams’ Estate

Posted by on Feb 4, 2015 in Estate Law | 0 comments

It has been said that the world just got a little bit darker and a little bit sadder when beloved actor and comedian, Robin Williams, was found dead on the 11th of August 2014 in his home at Tiburon, California. The world mourns him as his roles have touched and shaped entire generations all over the world – but none more feel the weight of this tragic loss more than his family.

His three children who survive him (Zachary, 33; Zelda, 25; Cody, 22) have disputed claims against Williams’ third wife, Susan Schneider Williams, saying that she is willfully attempting to maneuver legal documents and phrasing in order to earn more of the estate. This report follows the one where she had claimed to authorities that she was entitled to the Oscar winner’s home in Tiburon, California. Schneider Williams has said that she was frightened by the prospect that personal belongings within the home, that by right belong to her, might be stolen by her fellow trustees – as the home in Tiburon was entitled to her, following a trust that Williams himself set up.

Proceedings like these can get difficult as wills that meet disputes of this nature are often subject to probate law. Cases of this nature are hardly straightforward, according to the website of Peck Ritchey, LLC, due to the fact that there are many subtle changes within the variables of the equation that is the contesting the contents of a will. Losing a loved one is a difficult and trying time for anyone involved and as these are often quite emotionally charged situations, it is often advisable to seek the aid of a third party in order to avoid subjectivity or unfair bias.

If you or someone you know finds themselves in a similar situation – as even those in the spotlight are not exempt from the complexities of the law – it is highly recommended that specialized legal help is sought as soon as possible.

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Making a Claim for Unsafe Products

Posted by on Oct 19, 2014 in Personal Injury | 1 comment

Just because you suffered serious injury from using a product doesn’t mean that you are eligible in Massachusetts to make a claim that the product was unsafe. In order to be valid, the claim must include certain elements, as Massachusetts personal injury lawyers you may consult with will explain.

First of all, you have to prove that there was an actual injury or financial loss because of the product. A near-miss does not count, even though the product was clearly dangerous or defective. For example, a brand-new ladder collapses just as you reach the window you are intending to wash. You manage to grab the sill and climb to safety. In this case you have no claim, although you can certainly report the incident to Consumer Product Safety Commission (CPSC).

Next, you need to show evidence that the product is defective in either the way it was made (manufacturing error) or the way it was designed (design defect). It can be easy or difficult, depending on the product. A product liability lawyer would know what expert to consult to determine if the product was defective or not if it is not easily apparent i.e. the ladder broke. It will also help a case immensely if there was no warning about the risks of using the product which may not have been obvious to the consumer, such as a load limit.

Once you have determined that the product is defective, the next thing you need to prove is that the product was the proximate (or main) cause of the injury. If in the example above, you fell down when the ladder collapsed and got a skull fracture, then you have a case. If you tripped on the ladder before ever getting on it and got a skull fracture when it fell on your head, then you don’t.

Which brings us to the last element you need for a valid product liability case: using the product as intended. If your injury occurred while you were using the product correctly and for the intended purpose, you may have a case. For example, in the example above, if the ladder was clearly labeled with a load limit of 350 lb and you climbed on it anyway knowing you weighed 450 lb, you were not using the ladder as it was intended for, which is for loads up to 350 lb.

If your case satisfies all the required elements, then you probably have a valid case. If you haven’t yet, consult with a product liability lawyer to help you.

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