Nursing home abuse is on the rise; according to reports from the Center for Disease Control and Prevention (CDC), more than half a million of the elderly population suffer from neglect, abuse, or any other form of injury. Elder abuse can take on various forms, and according to the CDC there are generally six types of maltreatment, often experienced by elder aged 60 years and older: emotional abuse, physical abuse, sexual abuse, financial abuse, neglect, and abandonment.
It is very important to know who can be held liable for elder abuse and neglect in order to have a legally valid and strong personal injury lawyer. Generally, when it comes to elder abuse the facility is the one who can be held accountable, provided that you can present evidence of the abuse. A health care or nursing home facility can be held liable for abuse some factors stated below led to any abuse, endangerment, or injury to the elder:
- Medication or medical errors
- Negligent hiring
- Poor or inadequate training
- Breach of statutory or regulatory responsibility
Any act or practices that an employee of the nursing facility does which lead to harm or injury of the elder or resident can make the nursing facility “vicariously liable”, especially when these acts where done during working hours or during the course and scope of the employee’s work responsibilities. Third-party contractors that the nursing facility hires to perform several particular tasks can also be liable for neglect and abuse claims.
It is highly advised to immediately contact the police or the Adult Protective Services upon seeing or noticing the first signs of elder abuse. Each state may have their own numbers that you can report your concerns to. Remember that symptoms of elder abuse are not always apparent, therefore being vigilant and attentive to the elder resident is important in getting immediate help.
Valentine’s Day is coming up, which means it is almost time to put away the beer and scotch and bring out the “romantic” alcoholic beverages. Although a simple bottle of wine or champagne will suffice, if you want to mix it up, here are some suggestions.
If you are looking for a cocktail to sip on at brunch, try the Raspberry Bellini. For each glass, you will need two ounces of cachaca, six raspberries, a dash of lime juice, two teaspoons of sugar, and your choice of champagne. These only take a few minutes to make, so there is no excuse for you not to enjoy this with some eggs, toast, and your loved one.
For a compliment for or supplement to your dessert, there is the Dessert Fizz. Each serving size requires one and a half ounces of chocolate vodka, one large, chopped strawberry, a handful of mint leaves, one teaspoon of agave nectar, one fourth of an ounce of fresh lemon juice, three ounces of sparkling wine, and a strawberry slice as a garnish. This drink will have you wondering why anyone ever bothered serving chocolate covered strawberries without alcohol.
Finally, Kir and Kir Royale is a simple enough drink to be served with dinner, but still sets the night apart from the rest. All that is needed is one fourth of an ounce of crème de cassis and two and one fourth ounces of dry white wine.
Valentine’s Day is a day for indulgence, but make sure you and your partner are drinking responsibly. Crowe Mulvey says on its website that if a person is serving alcohol, they could be in legal trouble if the person they were serving got into a drunk driving accident. That being said, have fun and stay safe this weekend!
Marijuana is considered illegal in the state of Texas (Texas Stat. and Code Ann. § 481.002.) and is identified as a schedule 1 substance, having a high possibility of abuse and is regarded as having no recognizable medical use. As such, it is considered to be a crime to drive under the influence of marijuana, and penalties dictated by DUI violations would apply to those caught driving under the influence of marijuana, although charges of marijuana possession against the driver or passengers still apply.
According to the Texas Stat. and Code Ann. § 49.01., if a person is caught driving under the influence of marijuana on any amount (as determine through blood or urine samples), it will be enough to establish that the crime has been committed. The penalties can depend on the whether the charge is the first offense or a repeat, and the penalties increase when there is a minor inside the vehicle (Texas Stat. and Code Ann. § 49.04.).
For first convictions, penalties involve fines reaching $2,000, imprisonment of between 72 hours and 180 days, or both. It also includes community service of between 24 and 100 hours, and up to a year of suspension of driver’s license. Penalties for second convictions include fines of up to $4,000 and between 72 hours and 180 days of jail time, or both; with between 80 and 200 hours of community service and license suspension of up to 180 days to 2 years. For third and ensuing convictions, the fine can reach up to $10,000 with between 2 and 10 years of imprisonment, or both; community service of between 160 and 600 hours and license suspension of between 180 days and 2 years.
Being charged and convicted with marijuana-related DUI can be hard as it can affect the various areas of your life. Being charge would mean you need to find good Dallas criminal defense lawyers to help lessen or lower your penalties. Because state laws vary, especially when it comes to DUI charges, it helps to find a criminal defenses lawyer who understands how these court proceedings are handled in your state by prosecutors and judges.
These days, people need the assistance of lawyers for countless different reasons. When it comes to finding the right lawyer for your cause, things can get a bit tricky. Not many people understand what qualities to look for when hiring a lawyer, particularly if they have never done it before. Read this article and learn some key tips that will help you choose your next lawyer.
Make sure your lawyer and you can meet in person to discuss the case regularly. Lots of attorneys work for clients without speaking to them for a while. Set up a schedule to confirm that everything is under control.
Ask your friends and family if they know any good lawyers. You can get great suggestions for lawyers this way. This can relieve some of the stress involved and help you to make a wise choice.
Do your homework when trying to find a lawyer. If you need a specialist, do not just rely on the references of your general practitioner. Do background checks, ask around those you know with personal experiences or legal connections. Putting in the time to hire a good lawyer usually means a better outcome they eventually give you in return.
Don’t just pick the first lawyer you find on the Internet. It is tempting to think lawyers all do the same thing, but they can vary in quality and expertise. Ask friends if they know a good lawyer and what he represented them for. Be picky when choosing legal help.
As mentioned earlier, people need lawyers like the ones of the Abel Law Firm for all sorts of different reasons. You may find it a bit overwhelming trying to decide which lawyer to hire. However, if you implement the tips mentioned in the article above, you are sure to find a good lawyer that you can count on.
According to scientists, antidepressants such as Prozac work because they increase serotonin, a neurotransmitter which makes us happy.
Unfortunately, conflicting evidence may discount this theory.
Firstly, antidepressants only work on just over half of patients. Furthermore, since serotonin cures depression, then scientists should then be able to induce depression by lowering the amount of serotonin in the brain. In repeated experiments, this hasn’t worked; it sometimes lowers mood, but it cannot come close to inducing depression.
Read more: http://www.wired.com/2011/11/how-does-prozac-work/
Strict product liability is the absolute responsibility for damages or injury given to a person or party even without proof of fault or negligence. This is a legal responsibility from anyone involved in the chain of manufacture of a product that caused damages or injury to a consumer. Strict liability does not depend on the level of caution or care of the defendant, but then defendant is held liable so long as the product is proven to be defective.
In most tort cases, the key factor is proving negligence or fault through the standard of action of the defendant. To be guilty of negligence typically means the plaintiff should present evidence of any conduct or manner that is below the expected standard of care of an average reasonable person. This rule does not apply to strict liability claims. Strict product liability disregards any inquiry on the standard of conduct of the defendant; it has replaced the “standard negligence rule” because it has been too difficult to establish fault or negligence on the part of the manufacturer.
For strict liability case, plaintiffs should be able to show that the product was marketed in a dangerous condition and that the marketer was aware that the consumer will receive the product without any changes on it. It is also important to show that the defective product caused injury to the plaintiff or his property. Although the state has accepted the strict product liability law, the manufacturer is not automatically liable. Some situations where the plaintiff can be at fault includes him using the product knowing there is a chance of injury (assumption of the risk), an event or person have interacted that may have been the real cause of the injury, or the plaintiff’s own carelessness contributed or is the actual cause of injury.
Those who can be sued for strict product liability include manufacturers, retailers, and distributors. Any of these can be the defendants in the personal injury or product liability claim, and once the case has been filed, it is then the responsibility of the defendant to prove who among them are really at fault and who should pay compensation for the damages.
Individuals caught in overwhelming debts are usually stressed enough to still be able to figure out what can save them or what they can do to save themselves. To many, the thought of having to sell everything they have painstakingly worked for is just too painful a thought – but what else is there left to do?
People, who may even be “facing the possible loss of their home” due to the mounting bills and debt that they are no longer able to pay, actually have various legal options which will help them regain control of their financial situation – one of these is through bankruptcy.
Obviously, people who still get caught in the kind of predicament mentioned above have not heard of the bankruptcy law yet. Bankruptcy is one legal solution that individuals or businesses, with overwhelming debts, can use to help them control their finances again. This law will also actually allow them to declare their inability to keep paying individual or business debts that have become unmanageable. But other than this, having a bankruptcy application recognized by the court will mean immediate cessation of whatever form of harassment (in the form of e-mails, phone calls, letters, text messages, lawsuits and others) law firms and debt collectors use to force debtors to make payments.
There are different options in the bankruptcy law, each intended to address a person’s or business’ particular needs. To be able to assess your situation well and so make the right decision, it is best that you are assisted by a well-versed bankruptcy law attorney. If you own a firm, then your attorney may tell you that filing for Chapter 7 bankruptcy may be the best legal option for you in settling your debts.
Specifically, Chapter 7 bankruptcy is a liquidation bankruptcy method that is best for people who have properties, but whose salary or income does not go above the stipulated limit in the chapter. As the definition suggests, this law will require the liquidation of a few of your properties (you can choose specific properties, though, that should not be sold). The selling is to be done by a court-appointed trustee who will also distribute the amount earned to your creditors. Debts to be paid are only those categorized as non-dischargeable, such as court fines, alimony and student loans. Medical bills, business and personal loans, debts due to use of credit cards are called dischargeable debts, meaning, the court may free you from the obligation of still paying these.
One requirement this law has is the means test, which applicants need to pass. The means test is a way to determine if your income is low enough to qualify you to seek protection under this specific law.
The assurance of supporting a child in all his/her needs is assured through child support, a regular (can be monthly) and timely financial assistance paid by one parent to his/her former spouse who has custody of their child. Child support is meant to cover the basic needs of the child, including food, shelter, clothing, education and health care. The parent who makes the payment is called the obligor, while the one to whom payment is given, who also has custody of the child, is called the obligee.
Courts usually rule that payment of child support be done only until the child turns 18 years old or reaches the age of emancipation. There may be instances, however, wherein the court would require the obligor to help in the child’s further financial needs, such as advanced education, dental needs, medical treatment and/or vacations.
Like in determining the child’s rightful custodian, courts also consider essential factors in deciding the amount the obligor has to pay for his/her child’s support. Some of the factors considered are the child’s age and cost of his/her needs, the capability of the obligor to pay and the parent’s present income. This obligation of divorcing spouses, to support their biological child/children, is specified in the Child Support Enforcement Act of 1984.
With their differences in interests, many parents find it so hard to come to an agreement. Thus, when settling this divorce-related issue, it is often necessary that everything is settled through the help of a family law attorney who will help each reach an acceptable agreement without compromising their rights and their child’s interests.
Child custody is a decision pronounced by a court as to who between the divorcing or separating parents ought to have control and responsibility over the child (who is below 18 years old). Before the 1800s, due to matters that concerned property law and inheritance, child custody was automatically awarded to the father. Courts reconsidered their position on this matter, however, and concluded that custody ought to be given to mothers since they can take care of their children definitely better than fathers.
This maternal preference of courts, which was called the Tender Years Doctrine, gave mothers exclusive custodial rights over young children during divorce, and this went on until the 1990s, until it was deemed unconstitutional in 45 states. The gender-neutral custody law finally replaced both practices.
Though states may differ in the factors considered when deciding who ought to have child custody, one rule is observed by all – that the decision should be made in consideration of the best interest of the child. Due to this, if the court sees fit, custody may even be awarded to both parents, to make sure that the child never loses communication and is never deprived of the love and time of both parents.
There are cases when one parent is deemed unfit by the court, so that allowing the child to spend time with him/her would only cause greater harm than good to the child. In this instance, it would be obvious that such parent will be denied custody of his/her child.
Being deemed unfit by the court can be due to various reasons, including alcohol/drug abuse/dependence, child abuse, failure to provide the child’s basic needs, causing the child to experience physical and/or mental danger, abandoning the child, and being charged with a crime in Denton.
Some hold the belief that those charged with a crime does not automatically make them bad or unfit fathers. Just like the fact that robbers are not outright liars. To prove this, though, and to convince the court of it, one should have convincing proof and a really good family law lawyer who understands his/her situation and is determined to fight for his/her case in court.