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Sexual Abuse, the least Reported, yet, the most Humiliating Abuse in Nursing Homes

Many families choose to put their elderly loved ones into nursing homes to ensure they receive the attention and assistance necessary to thrive and be healthy. An article posted at, says, “Nursing homes are meant to be a relaxing resort-style living for the elderly to pass their days. However, many nursing homes prey on the handicaps of the elderly, committing abuses that cause elderly people return home in worse condition than they were before. These abuses can take many shapes and forms, and cause serious harm to the elderly. Perhaps the most devastating consequence of the abuse is the psychological harm that is inflicted onto the victim. Only time can heal the mental damage that prolonged abuse causes, and some elderly people may not have the time necessary to fully recover.”

The most common forms of abuses nursing home residents are made to suffer from include physical abuse, financial abuse, emotional abuse and, the most degrading and wicked of all, sexual abuse. This last type of abusive conduct is committed in various ways, including showing of pornographic materials, forced nudity, fondling, forcing another resident to kiss or touch the victim and, worst of all, forced penetrative acts.

Despite the gravity of the offense, sexual abuse is the least reported type of abuse due to the humiliation a victim feels. Some signs of sexual abuse are bruises, blood stains, rips in undergarments, sudden trouble standing, sitting, or walking, newly discovered sexually transmitted diseases, pain or injury in pelvic area, and inappropriate or atypical behavior. It is not easy to detect signs of sexual abuse; victims also very rarely confide with anyone about the abuse committed against them due either to fear or shame. Thus, rather than reveal the abuses committed against him/her, a victim rather becomes withdrawn, silent, sensitive to touch, evasive of eye contact and low-esteemed. Often sexually abused victims also sustain laceration or other wounds which he/she would refuse to explain the cause of.

Trusting anybody with loved ones is a difficult thing, but when this trust is betrayed and people are hurt, justice needs to be served.

Injuries Caused by Rear-end Collisions

There are different kinds of traffic accidents. We have head-on collisions, t-bone collisions, and the often misunderstood rear-end collisions. When rear-end collisions happen, it is always assumed that the vehicle at the back is the one at fault, but this is not always the case. It always depends on the issue of recklessness and negligence.

But whoever it is at fault, it doesn’t change the fact that rear-end accidents can cause serious injury to both the innocent and injured party. The worst cases even result into death. According to the website of West Palm Beach car accident attorneys, car accidents like rear-end collisions may be subject to a personal injury case.

If you want to know more about the common injuries you can sustain on rear-end accidents, read on.

Brain or head injury due to trauma

Traumatic injuries in the brain or head are common in all kinds of traffic accidents, but they can be particularly dangerous to rear-end accidents. Most of the time, you cannot prepare for rear-end collisions, especially if your vehicle is the one who is about to be struck in the back. The sudden jolt caused by the impact can send your head crashing into your steering wheel or anything else that is hard enough to cause injury to your head or brain.

Facial Disfigurement

This is almost the same concept as the previous entry. The jolt caused by the collision can make your face prone to airbag deployments, debris and projectiles, and hard surfaces. All of these can cause serious damage to your face, which may require extensive treatment or even surgery.

Neck Injury

Since you are not ready for a collision, your muscles are mostly in a relaxed state. They are caught off-guard on impact, causing your whole body, particularly your neck, to jolt with excessive force and cause injury.

Neck injuries can range from a minor strain, soft tissue damage like whiplash, to a cervical fracture, which is the most serious neck injury you can get from a rear-end collision.

Spine Injury

Like neck injuries, spine injuries are more likely to occur on the occupants of the rear-ended car. The relaxed state of the muscles is again to blame. The sudden force from the collision can jolt the unsuspecting body, making the spine very prone to damages.

Small bones connected to the spine called discs are one of the most vulnerable parts during such accidents. They violently shake upon impact, causing them to be dislocated. This is called disc herniation.

Although the head, face, neck, and spine are the most vulnerable parts of the body during a rear-end collision, other parts can also sustain damages. Other injuries involve the shoulders, hands, wrists, and arms.

Rights of the “Real Parties in Interest” in the Event of a Wrongful Death

An injury, which is due to a person’s negligence, is called a personal injury. It may be physical, emotional or mental; it could also be intentional or unintentional. Personal injuries can happen through many different ways, including, but not limited to: car accidents; motorcycle accidents; truck accidents; construction accidents; medical malpractice; defective products; slip and fall accidents; and, nursing home abuse or negligence. While many accidents result to severe injuries, there are cases wherein their effect is much more damaging, leading to a victim’s wrongful or untimely death

In a wrongful death situation, the family or the dependents of the deceased victim can pursue a legal action, primarily, for the purpose of seeking justice. This legal action, which is called a wrongful death claim, is for the benefit of the “real parties in interest,” meaning, the surviving family members and the decedent’s (or deceased victim) other dependents. A wrongful death claim is a special kind of personal injury lawsuit which is intended to seek compensation for whatever pecuniary or financial damages the dependents may suffer, like loss of the decedent’s financial support, services and companionship, lost prospect of inheritance, medical expenses, and funeral expenses.

A representative, who would act on behalf of the “real parties in interest,” has the duty of filing a wrongful death claim. The “real parties in interest” do not only include the decedent’s immediate family, which means the spouse, child/children and/or adopted children, as there may also be other individuals who, based on their relationship with the deceased victim, are also considered by some states as having the right to be included in the “real parties in interest” group. They are the decedent’s parents, distant family members, like brothers and sisters, and grandparents, financial dependents, and, life partner or putative spouse (a putative spouse is someone who has cohabited with the victim. He/She entered into marriage with the victim, however, due to a legal flaw, like a previous marriage that still exists, their marriage was declared invalid).

As explained by a wrongful death attorney from the law firm Habush Habush & Rottier S.C. ®, those who have experienced the wrongful death of a loved one, regardless of the cause, may be able to fight for compensation in order to help deal with the consequences of their loss. Compensation should include medical costs, funeral expenses, loss income which should have been earned by the deceased victim, and loss of companionship among others.

Pursue Legal Action Against Those Who Cause Birth Injuries

Despite today’s modern medical equipment, records from the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services, show that as many as 28,000 babies continue to be born with a birth injury every year. Though most of these injuries are minor and heal without any need for treatment, some are serious enough to alter an affected child’s life.

A birth injury, also called birth trauma, refers to any type of injury or harm sustained during the birthing process. A birth injury is usually due to a difficult delivery which, in turn may be due to the abnormal position of a fetus in the uterus at birth, the mother’s birth canal being too small; or, the fetus being too large. Doctors usually use a vacuum or forceps when delivering larger babies in order to make babies’ passage through the birth canal easier. Use of birthing instrument, however, can result to neonatal injuries, especially if the doctor is not careful when using birthing instruments or uses too much force. Difficult delivery or not, though, many legal and medical professionals say that the major reason why many babies suffer injuries is because of negligence and that acts of negligence are committed in delivery rooms far more frequently than anyone may realize.

The 10 most common birth injuries suffered by newborns include:

  • Cerebral Palsy, a condition marked by spastic paralysis or impaired muscle coordination and/or other disabilities; this condition is typically due to damage to the brain before or during birth;
  • Bone Fracture, like fracture to the collar bone or clavicle;
  • Caput Succedaneum, the swelling of a newborn ‘s scalp due to long or hard, head-first (vertex) delivery that causes pressure on the uterus or vaginal wall;
  • Perinatal Asphyxia, a permanent damage to the brain that is caused by the insufficient supply of oxygen to the newborn;
  • Intra-cranial Hemorrhage, which is hemorrhage inside the skull/cranium;
  • Subconjunctival Hemorrhage, or hyposphagma, a condition characterized by bleeding under the conjunctiva (the membrane lining the inside part of the eyelids);
  • Facial Paralysis, a temporary or permanent damaged to facial nerves due to lack of control of facial muscles;
  • Cephalohematoma , which is a cranial injury resulting from prolonged labor or use of forceps, vacuum or other birth-assisting tools;
  • Brachial Plexus Injury (BPI). This includes Erb’s palsy and Klumpke’s palsy (a form of BPI which can affect the upper limbs, armpit and back of the neck and which can cause paralysis in the forearm and hand). Brachial Plexus Injury can result to temporary or permanent disability; and,
  • Spinal cord injuries

According to The Benton Law Firm, we place our trust with the health care industry any time we are sick or injured. It is therefore an awful situation when a doctor or hospital has upset this trust. You should not be afraid to bring a claim against a doctor who has committed an act of negligence which has injured you or your newborn child. The law gives you the legal right to take legal actions against the negligent physician, member of the medical staff or the hospital itself, for all the present and future damages resulting from the injury.

How to Hire the Right Caregiver for your Loved One

Your loved one may need a lot of attention and if you can’t always provide them with the assistance they need, it may be time to hire caregiver. With thousands of candidates out there with caregiving experience, it can be daunting to attempt to hire someone without doing some research. Assuring that professional medical care will be administered correctly by a caregiver who shows kindness to your loved one is the ultimate goal when seeking to hire help.

There are two commonly used routes when it comes to selecting a caregiver. According to, “you can either enlist the help of a professional in-home placement agency, or privately hire a caregiver directly” and each have benefit to them. If you hire a caregiver directly, you have complete control over who you ultimately chose. If you use a placement agency, they handle all the paperwork, taxes, and legal issues when it comes to having a caregiver, as well as providing background checks and training for caregivers.

No matter what route you take, there are a few things to consider before officially hiring a caregiver:

  • Taxes/Financial concerns: It is illegal to pay your caregiver under the table. A hiring agency can take care of the financial side of caregiving. If you chose to do it yourself, you will have to learn how to file taxes for a caregiver
  • Immigration status: Make sure you see your caregiver’s I9 form before hiring
  • Background checks: Running a background check is essential when hiring a caregiver. You could even friend them on Facebook to get a better idea of who they are
  • Legal concerns: A clear contract established when hiring a caregiver can prevent problems in the future
  • References: Assure that references are provided and call these individuals. Pay close attention to complaints and consider length of time the caregiver worked. Staying with the same patient for a long period of time is a positive sign
  • Licensing: Have they had nursing training? Do they know CPR? Ask to see documentation of these different certifications based on your needs

Riding a Sinking Business? Here’s What you Need to Do


In this day and age of economic downturn, market pressures and more stringent competition, it is normal for many businesses to face a wide range of challenges. As a business owner bombarded with countless financial problems, it is important to first re-assure yourself that you are not the only businessman facing the same issues that you have. In this geography of volatility and unpredictability, no enterprise is really spared from dealing with all these hardships, and the key here is to know what to do in order to stay afloat and keep moving.

Look at the bigger picture

With all these problems at hand, you might be tempted to get busy monitoring each business process up close. However, not taking a step back to see the macro-picture would lead you to miss out on things that are more important. Although attention to every detail is needed especially in this time of austerity, do not forget to take a broader look to see the bigger picture. That way, you are detaching yourself from trivial, tactical things and are starting to be engaged in more strategic activities, such as root cause analysis and business planning.

Trim down your business, but do not cripple it

As you see your business in a more macro perspective, you may notice that there are segments, processes, and operations that you can actually let go. But although trimming down to reduce costs is necessary for your business survival, it can be dangerous too, especially if it negatively impacts how your business provides its goods/services. So, before you trim down, see if it can profoundly affect your return on investment.

Look for other ways

Refinancing your business through loan is among the most common action company owners take to improve cash flow. You may also seek financial aid from foreign investors. In the U.S., for instance, many Russian-speaking EB-5 lawyers are in the business of helping foreign investors invest in troubled business through the country’s Immigrant Investor Program. In certain situations, filing for Chapter 11 bankruptcy has also been proven effective in realigning a business’ financial status.


Should You Patent Your Invention?

A patent is among the many different legal avenues that allow creators and inventors to protect their original works. Unlike copyright laws and trademarks, a patent is a type of protection that is especially meant for non-artistic creations and inventions. Through a legal document issued by the federal government, a patent protects a new invention from being copied and sold by another party.

Federal law delineates three different types of patents. The first one is called a plant patent, which protects different varieties of hybrid plants that were artificially produced by inventors. The next type is called a design patent, which ensures that the aesthetics and appearance of inventions and other manufactured objects remain unique and protected. The third and last type is called a utility patent, which is meant to protect any type of invention that has been created for a specific purpose. When issued any type of these three patents, an invention will be protected for 20 years. After it expires, others parties will be able to use, copy, and sell the invention on their own without legal repercussions.

According to the website of Gagnon, Peacock & Vereeke, P.C., the complexity of patent laws can make the process long and taxing for small-time inventors. Most of the time, there is a wide-range of factors that need to be considered in order to know if an invention is patentable. The whole process will entail several steps that include conducting a patentability search and possibly preparing appeals to the Patent Trial and Appeal Board (PTAB), as well as the Federal Circuit Court of Appeals.

All in all, patenting an invention is an important step to help protect original creations from being copied and sold by another party. This is especially crucial for inventors in businesses that involve a lot of competition. Considering its importance, filing for a application needs to be accomplished as soon as possible and with the assistance of lawyers experienced in the nuances of patent laws.

Is Zofran Dangerous for Pregnant Women?

Morning sickness is one of the most common symptoms experienced by plenty of women during pregnancy. The non-profit group Pregnancy Sickness Support estimates that at least 70 to 80 percent of women experience what medical professionals identify as nausea and vomiting during pregnancy or NVP. Most of the time, cases of NVP are manageable through simple home remedies. However, there are times when the symptoms become intense and cause women to become dehydrated and lose important nutrients. In these cases, doctors try to mitigate symptoms through the use of prescription medication.

Zofran, also called Ondansetron, is among the most common anti-nausea drugs prescribed to pregnant women. It was originally approved by the U.S. Food and Drug Administration (FDA) to treat the nausea and vomiting symptoms caused by cancer treatments and surgery. However, mostly due to marketing by drug manufacturers, the off-label use of Zofran for NVP treatment remains rampant.

While Zofran proves to be an effective treatment for severe cases of NVP, there have been recent reports that highlight its potential danger to the mother’s unborn child. In fact, the website of lawyers Williams Kherkher indicates that there may be links between the use of Zofran and devastating birth defects and injuries. Even the FDA has taken notice. Through a Drug Safety Communication statement released in 2013, the FDA warns the American public about elevated risks involved with taking 32-mg dosages of the drug. In a similar vein, a study conducted by the Canadian Motherisk program urged pregnant women to take caution when prescribed to take Zofran, noting that the potential risks might outweigh any benefits.

Despite these warnings, plenty of pregnant women continue to use Zofran to alleviate morning sickness symptoms. If you are concerned about the medication you are currently taking, it would be best to have an open dialogue with your physician and ask about possible alternatives.

Financial Options for Individuals with Disabilities

Any accident can be an extremely traumatic experience, and the devastating consequences left in its way can cause profound effects on a person’s life. This is especially true for accidents resulting in injuries that end with some form of disability. A disability can cause difficulty in a person’s ability to earn meaningful income and support themselves and their family. Thankfully, the government has several safety nets in place to ensure that a person’s medical condition does not weigh down their quality of life.

Individuals suffering from disabilities can receive financial assistance through two distinct Social Security disability benefits programs. The first option is called Social Security Disability Insurance or SSDI. It is available for insured Social Security members aged 65 and below who have been employed long enough to make necessary payments and contributions. The second option is called Supplemental Security Income (SSI), which is composed by payments from the U.S. Treasury. These are for disabled individuals not more than 65 years of age and are unable to meet the necessary employment criteria for SSDI benefits. The claimant should also fall within an income bracket called the federal benefit rate, showing that their current finances are not enough to cover basic necessities.

In both cases, the amount paid to qualified beneficiaries will depend on the nature and severity of their disability. Because the process of claiming either benefit program can often be complicated, it’s important that claimants find necessary guidance and support through effective legal counsel. This is especially true for dependents left by workers who died in fatal accidents that are entitled to SSDI payments. According to the website of the Chris Mayo Law Firm, applying for disabled widow or widower benefits can be twice as challenging and would often require experienced assistance to ensure success.

The Danger of Read-End Collisions

Even the slightest mistake can make a huge difference on the road. As pointed out by the website of Habush Habush & Rottier S.C. ®, mistakes made by drivers on the road can result in crashes and collisions that could leave other individuals severely injured. For example, rear-end collisions are often caused by miscalculation that cause a tailing driver to crash into the vehicle in front of it. Most of the time, this type of collision happens when a vehicle crashes into the one in front of it. It is often caused by the driver’s failure to keep a safe distance from the vehicle they are tailing.

One danger common to rear-end collisions is a whiplash injury. This condition is caused by a quick and powerful back and forth movement of the neck. It results in severe and debilitating pain that might require specialized. The force created by a rear-end collision can cause the passengers riding in either vehicles to experience whiplash, although the severity of their injuries will depend on the strength of the impact.

A whiplash injury is often characterized by neck pain and tenderness in the upper back, shoulders, and arms. Sometimes, a whiplash can also cause a headache to start from the base of the skull. It can also cause a patient to suffer from dizziness, fatigue, blurred vision, and tinnitus. More high-impact collisions can cause even more alarming symptoms such as cognitive lapses, concentration issues, sleep disorders, and depression. Depending on the severity of the injury, treating whiplash can entail expensive medical care. Aside from a treatment plan, serious cases of whiplash could require a patient to undergo physical therapy to regain full movement of their neck and upper back area.

Millions of car accidents happen in American roads every year. A majority of the time, these accidents are caused by a driver’s recklessness or lapse in judgment. With rear-end collisions, even a minor distraction can cause a driver to miss important signals from the vehicle they are tailing. These slight mistakes can lead to injuries like whiplash, which often take a long time to recover from. As such, car accident victims who have been injured due to a rear-end collision should not hesitate to seek out legal avenues to pursue just compensation. Your Houston car accident lawyer may be able to help you identify these opportunities for justice.

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