Posts by Robin

The Problem with Nursing Homes

»Posted by on May 20, 2017 in Personal Injury | 0 comments

You put your loved one in a nursing home because you know it is for the better. In there, your loved one will receive the medical attention he or she needs, and it will be received in a dignified manner. At least, that is what you think.

You should consider the possibility that the nursing home is abusive and neglectful. You loved one may be too limited physically or mentally to effectively say to you that this is the case, so you should be the one obligated to put him or her in a safe environment.

Abuse

Abuse happens when your loved one has received incidental force from another person. Many times, this person is either a nursing home staff or another patient. Either way, the nursing home management should prevent abuses from happening.

Abuse can come in many forms, such as physical, sexual, psychological, and even financial. Here are some of the signs you should look out for:

  • Behavioral changes, particularly in the presence of a specific person
  • Rise of new health complications or worsening of existing ones
  • Rise of sexually transmitted diseases
  • Unexplained wounds, especially on areas that are likely to be restrained, such as the wrists

Neglect

You put your loved one in a nursing home so he or she can get care, so if he or she isn’t getting it, what is the point? Like abuse, neglect can come in many forms, such as the failure to give the adequate hygienic, medical, and nutritional needs of the residents. The signs you should look out for include the following:

  • Dryness of skin and lips
  • Hygiene problems in body or clothes
  • Loss of weight
  • Worsening health condition

What You Can Do

It is important to point out that the existence of these signs don’t necessarily mean that your loved one is experiencing abuse, but they can serve as your first clues. According to the website of Clawson & Staubes, LLC: Injury Group, those who have loved ones that have suffered from abuse or neglect in a nursing home may have legal options.

But to prevent the hassles of spending time in court and money on legal fees, it is better to observe the nursing home first before putting your loved one there. Look at the place if it has the adequate facilities, competent staff, and clean environment that your loved one deserves.

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What to Do If You Suspect Childcare Abuse

»Posted by on Feb 2, 2017 in Childcare Abuse | 0 comments

If you are a working parent with children below school-age, you may be utilizing a daycare to keep your children safe during the day. When you consider that one-third of toddlers and infants are enrolled in some form of daycare in the U.S., you will see that this is common. While you want to believe your children are always safe and under the best care, it does not hurt to be wary of childcare abuse.

Childcare facilities are governed by strict laws to keep children safe, but this does not mean that abuse does not occur. When abuse or negligence does occur, it can have devastating effects on the child. According to The National Academies Press, the consequences of childcare abuse can result in negative effects on the child’s development – physically, psychologically, cognitively and behaviorally. These affects can stay with the child throughout their entire life.

It is important to be aware of the signs of child abuse and neglect. According to Clawson & Staubes, LLC: Injury Group, some signs to look for are unexplained or repeated minor injuries, major injuries, bruises, cuts, or swelling. They also suggest speaking with your children regularly about their daycare experience and listen to any concerns they may voice. Notice if they are happy when you drop them off and if they speak positively about their care providers.

If you are concerned that your child may be experiencing abuse, you may want to consider contacting a child protection agency, removing your child from the services, seeking counseling, and getting in contact with a childcare abuse and neglect attorney.

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Bike Your Way To Safety With These Helpful Tips

»Posted by on Nov 22, 2016 in Bike Injury | 0 comments

Riding a bike is acknowledged as one of the best forms of exercise. It is good for preventing cardiovascular diseases. But unlike other vehicles, bicycles expose the rider to greater risks to injury or even death. According to statistics from the US Department of Transportation, 811 bikers were killed from bicycle accidents in 2015. There were also 45,000 injuries on the same year.

According to the website of Hankey Law Office, while some bike injuries are minor such as cuts, bruises, or scrapes, others can be more serious such as broken bones, head injuries, and death. Given these circumstances, here are some tips on how you can stay safe while biking:

Protect your head

Wearing a helmet reduces a biker’s risk of head injuries by over 50 percent. Likewise, it can reduce the danger of face or neck injury by more than 30 percent.

Stay visible

If other drivers can see you, the risk of accidents is much lower. For this reason, you need to use lights when biking at night or in low-light conditions.

Look, signal & look again

Use hand signals to notify other drivers where you are going. Establish eye contact. More importantly, never assume that drivers will stop.

Be alert

Always be on guard for obstacles on the road. Sometimes, even a little bump can trigger ass serious accident.

Go where the traffic goes

Stay where the traffic is going. Act like you are driving a car. Avoid weaving in and out of traffic. Be aware of what is happening on the road.

Check your bike

Before heading out to your biking trip, make last minute checkups to be sure that your bike is ready. Check if the bike is properly adjusted or the saddle is in a comfortable position. Also check your brakes and wheels.

With the number of bicycle accidents increasing, having a “safety first” mindset can help prevent you from being part of the fatality statistics.

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Subsys Medication Guide Warnings

»Posted by on Oct 26, 2016 in Subsys Spray Lawsuit | 0 comments

When painkillers, such as morphine, fail to provide relief, especially to cancer patients suffering from late-stage breakthrough cancer pain, oncologists start prescribing fentanyl, a very powerful synthetic opioid painkiller that is 80 to 100 times stronger than morphine.

Different fentanyl-containing medications have already been prescribed to millions of cancer patients in the U.S., including the skin patch Duragesic, the lozenge Actiq,the sublingual tablet Abstral, Fentora, which is a a tablet that goes between the gum and the cheek, and Subsys, a sublingual spray which is also the latest to be introduced in market.

Like all other fentanyl-based drugs, Subsys was approved by the U.S. Food and Drug Administration (FDA) specifically for the use of cancer patients who have developed a tolerance for opioid drugs due to regular use. However, being a powerful opioid (narcotic) pain medicine, which is also powerfully addictive, Subsys is considered a federally controlled substance (CII) due to the high possibility of it being misused, especially by those who abuse prescription medicines or illegal drugs.

It its Medication Guide, some of the warnings made with regard to the use of Subsys say:

It should not be taken by anyone who is not opioid tolerant;
It should be used by a patient exactly according to a healthcare provider’s instructions;
It should never be given to a child or anyone else, even to another cancer patient who has not been prescribed with this drug since it may harm or even kill them;
It should never be used to treat short-term pain, such as pain due to dental problems, pain after surgery and migraine; and,
Use of this highly potent drug can cause life-threatening breathing problems which can lead to death.

Though one of the biggest selling highly addictive painkillers in the U.S. today, Subsys has been included in the “drugs of concern” list of the U.S. Department of Health and Human Services’ Inspector General office.

Besides this, Subsys drugmaker Insys Therapeutics, Inc. is also facing lawsuits due to its aggressive marketing of said drug for off-label use or non-approved treatments. Patients or families of patients, who have been severely harmed by this drug, have also filed lawsuits to pursue compensation which they may be found eligible to claim.

A Subsys lawsuit may be filed by anyone who has been inappropriately prescribed and harmed by this powerful opioid medication that can cause serious or potentially fatal effects. Consulting with a highly-skilled personal injury lawyer, who can help determine the best legal action to take, should be the first step to this legal pursuit.

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Make Sure You Qualify for Social Security Benefits

»Posted by on Aug 17, 2016 in Personal Injury | 0 comments

Make Sure You Qualify for Social Security Benefits

The Social Security Disability Insurance (SSDI) and the Supplemental Security Income (SSI) are the U.S. Federal government’s two largest programs aimed at providing financial assistance to people with disabilities. SSDI was introduced by the Social Security Administration (SSA) in 1956, while SSI was created in 1974.

These programs, though falling under the management of the Social Security Administration, address different disability needs and have different requirements for qualification.

  • The Social Security Disability Insurance (SSDI)

SSDI pays benefits to qualified SS insured members who may be 65 years old or below and who are also totally disabled. To qualify for payment, a member must meet the following requirements:

  • Had worked long enough (or recently enough) and have paid Social Security taxes or Federal Insurance Contributions Act (FICA) taxes while employed (these taxes are automatically deducted from the worker on a monthly basis);
  • Has earned the number of credits required by the SSA (workers earn four credits annually); and,
  • Is suffering from total disability

Total disability or disability, as considered by the SSA, means: (i) inability to perform previous work, as well as any other work, due to the medical condition; (ii) the disability has either lasted for a year or is likely to last for a year or more; and, (iii) the disability can result in death.

A list medical conditions that are severe enough ahs been drawn up by the SSA; finding one’s health problem in this list would automatically include him/her in the roster of disabled insured SS members. Not finding one’s health condition in the list, however, will require an evaluation by Social Security in order to determine if the health condition is serious enough to be considered a form of total disability.

  • The Supplemental Security Income (SSI) Disability Program

SSI provides non-taxable financial assistance to Americans, who are, at least, 65 years old, blind, or disabled (the meaning assigned to “disability” is the same with SSDI), and whose income or resources fall within the federal benefit rate (FBR) determined by the government.

The source of SSI funding is the U.S. Treasury general funds (rather than the SS taxes paid monthly by insured SS members); thus, neither SS credits nor previous employment is required from applicants to qualify into the program.

The main intent of the SSI program is to help provide for the basic needs of its beneficiaries. These basic needs include food, shelter and clothing. In a number of states, SSI benefits application is also considered as application for food stamps, while other states allow the benefits to be supplemented by Medicaid to cover prescriptions, doctor’s fee and other medical care costs.

As explained in the website of the firm Hankey Law Office, disability benefits vary by amount and duration, regardless, receiving this will definitely be huge financial help whether you have recently been diagnosed with a disability or have been disabled since childhood. To help make sure that you get approved for either an SSDI or SSI benefit if and when you file an application, having an experienced Social Security Disability Insurance Lawyer helping you through the whole process may be advantageous.

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