Kentucky Leads the Way in Nursing Home Liability Costs

This is a race that Kentucky wishes it did not always win.

Kentucky has historically had problems with maintaining the level of care expected of nursing homes. According to the report put together by the Aon Global Risk Consulting for the American Health Care Association (AHCA) called “2014 Long Term Care: General Liability and Professional Liability Actuarial Analysis,” the costs of liability for private long term care facilities in Kentucky continue to rise.

This is not exclusive to Kentucky. Overall, the liability costs across the US are expected to rise by about 5% in 2015. The national average is expected to be $2,030 per resident. However, the projected costs for Kentucky nursing homes are a whopping $9,220, compared to Texas, which expects liability losses of $320 per resident for 2015.

According to the website of Sampson Law Firm personal injury lawyers, this has something to do with the fact that nursing homes in Kentucky are failing to provide the quality of care that is expected of them. Nursing home abuse and negligence happens frequently. Just recently, a serious outbreak of flu raced through Louisville’s nursing home facilities, a deadly development for the elderly who are especially vulnerable to such exposure. Medical professionals state it was the worst flu outbreak in a long time. Among the 26 early deaths in January 2015, 19 were over the age of 65.

The liability of nursing homes for abuse or simple neglect means significant costs for the operators under Kentucky law. There are no caps on economic and non-economic damages, and it does not have strict regulations regarding expert witnesses, or require pre-trial mediation.

However, even if the law is distinctly advantageous to plaintiffs, nursing home operators should have nothing to worry about if they give the residents under their care the proper and due care they are supposed to provide. There would be no reason or basis for filing a personal injury lawsuit.

If you suspect that a close family relative is a victim of nursing home neglect or abuse, do not hesitate to address the issue. Consult with a nursing home abuse lawyer in Louisville to find out how to go about getting compensation for what your elderly loved one has suffered.

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Steps to Follow if Your Car Breaks Down while Driving

Stalling on the highway is extremely dangerous, however there are steps drivers can follow to put themselves in a safer situation. If there is traffic or no traffic, or if traveling on a road or a highway, drivers should be aware of their surroundings in order to protect themselves.

According to the website of the Chris Mayo Law Firm, car manufacturers should provide a certain standard of safety when selling cars to the public. However, cars can malfunction. These malfunctions are especially threatening if cars stop working during operation. If this happens, steps to take include coasting along the shoulder, staying in your car, and alerting other drivers of the situation.

Coasting along the shoulder will prevent rear-ending accidents, and give the driver a better view of traffic behind. Once the car starts again, drivers can get back into the lane easier because they can see all approaching traffic.

If the driver gets out of the car, they put themselves at risk of being hit by another car. Although sitting in the unmoving car seems daunting, it is much safer than getting out. If possible, put on flashers so that highway patrol can come help.

Lastly, and possibly most importantly, alert other drivers of the situation. If approaching cars don’t realize what is happening, they can rear-end the stalled car. This can cause a chain reaction, and soon a portion of the highway is involved in the accident. Ways to alert other cars are waving something out of the window, honking, flashing lights, and putting on emergency blinkers.

When a car stalls, the driver is never completely safe. However, if these guidelines are followed, you can better protect yourself from injury.

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Tackling Silicosis

There are certain jobs that are inherently dangerous such as construction and mining, but this is mostly because they are physically demanding work in unstable surroundings. Safety measures are in place to prevent injuries from obvious things such as falls from height, electrocution, and falling objects. However, one of the most pervasive dangers to certain workers is toxic exposure.

According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., silicosis is one of the most common types of occupational diseases and develops from breathing in crystalline silica dust. Silica is abundantly found in sand, rocks, and ore-bearing material. It develops in workers in abrasives and glass manufacturing, mining, quarrying, road and building construction, sand blasting, and stone cutting that are constantly exposed to silica dust. The silica dust gets into the lungs, causing it to become inflamed and develop nodular lesions. Symptoms include a chronic cough, fever, shortness of breath, and bluish skin from inadequate blood oxygenation (cyanosis). It is often mistaken for pulmonary edema or pneumonia.

It is possible to develop silicosis within a short period (one year) with intense exposure to very large amounts of silica dust. However, silicosis typically develops over many years of exposure to silica dust, up to 20 years in occupations where the silica dust is at low levels. It is common in developing countries but according to the Centers for Disease Control and Prevention (CDC) it is relatively rare in the US because of safety regulations imposed for those in at-risk occupations. It is estimated that less than 60,000 workers with silica exposure will develop silicosis.

However, many workers that do succumb to silicosis work for employers that fail to follow simple safety regulations pertaining to silica exposure. This is not only a violation of safety standards but a breach of their duty to ensure the reasonable safety of workers, and may be considered gross negligence.

If you developed occupational silicosis, you may be eligible to seek compensation from your employer. Find a competent toxic exposure lawyer in your area and have your case assessed.

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Sexual Harassment in the Workplace

In November of 1976, Redbook, one of America’s women’s service magazines, conducted a survey on sexual harassment in the workplace. About 9,000 women responded to the survey through which almost nine out of every ten of them claimed that they had experienced being targets of sexual harassment in the places where they worked.

This survey was conducted during that same year when the first on-the-job sexual harassment case was tried and twelve years after the US Congress passed the Civil Rights Act and formed the U.S. Equal Employment Opportunity Commission (EEOC).

Title VII of the Civil Rights Act of 1964, which makes unlawful any form of discrimination against employees based on national origin, religion, color, race, or sex, includes sexual harassment as one of the ways through which sexual discrimination is committed. EEOC, on the other hand, is like a federal government law enforcement agency due to its task of strictly implementing the Civil Rights Act and all other laws aimed at protecting employee rights.

Base on EEOC’s definition, sexual harassment is any form of act typified by verbal or physical harassment that is sexual in nature, unwelcome sexual advances, insulting remarks regarding a person’s sex, or requests for sexual favors; though victims are most often female, it can happen to male employees too and its perpetrator can be a supervisor, a co-worker or even a client.

There are two different ways through which sexual harassment may be committed: through the Hostile Work environment and through the Quid Pro Quo. In a hostile working environment, a superior or a co-worker acts the perpetrator; he/she makes the workplace offensive, intimidating or hostile to the victim for reasons that do not meet (the perpetrator’s) preference. The Quid Pro Quo, on the other hand, involves a person in authority, usually a direct supervisor, who would require sexual favors from the individual in return for being hired or promoted; refusal of the person to agree with the superior’s request would result to being denied employment, non-promotion or denial of job benefits the person is supposed to enjoy.

While a few number of those who are sexually harassed choose to muster their courage and file complaints even if this means compromising both their reputation and job, many more rather decide to keep silent as they see very little or no benefit at all in pursuing their case. To exact heavier punishment on sexual harassers in the workplace, amendments were made in the Civil Rights Act in 1991, this time to allow victims to receive compensatory damages, which includes emotional pain and suffering, mental anguish, and present and future financial losses.

In its website, the law firm Cary Kane LLP encourages victims of sexual harassment to come into the open and trust that they have the law as their ally. The firm also encourages victims to immediately get in touch with a lawyer, whose expertise in sexual harassment lawsuits is extensive, for the strong argument and defense that they definitely need.

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Personal Injury Made Easy With These Simple Tips

Personal injury cases may look easy, but they are actually quite complicated. This is even more true if you haven’t been through anything like this before. You have to have a lawyer help you out. This article is going to give you some advice that will help you if you wish to succeed with a personal injury case.

Get a detailed police report regarding an injury you receive, for future reference in court. Not only will the information gathered by the authorities be very credible, it can help prove that you were wrongfully injured and win your case. Failure to collect credible evidence means your claim may be viewed as hearsay, and that won’t win you anything!

You can get paid even if you suffer from a condition already. Be truthful with your lawyer about any injuries who suffered before the accident. Do not ask for a settlement that exceeds the impact of the personal injuries the other party can be held responsible for.

Call the police as soon as there has been an accident. This should be done even if the other party tries to convince you that it is not necessary. Getting law enforcement involved will help you a lot when it is time to prove that an accident has actually occurred.

Try considering only experienced attorneys that focus on personal injury law. Since this type of a law is a niche, it is important to find an attorney that concentrates on personal injury instead of one that is trying to be a jack-of-all trades. You also want someone with several years of experience in the niche, not one that has to study up on it for your case.

A lawsuit concerning personal injury can be a difficult one. Keep this information in mind to make it easier on yourself. You should use these tips and do more research on personal injuries before you start building your case.

For more details, search for helpful legal information on websites such as that of Pohl Berk.

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New Risk Associated with Low-T Therapy

The growing number of cases filed against Low-T (low testosterone) medication manufacturers has prompted the Food and Drug Administration (FDA) and scientists to conduct intensive studies on the health effects of Low-T medications on patients. These studies are far from conclusive, but there are indications that manufacturers of products such as Androgel may be in heap-big trouble.

Low levels of testosterone in men is a condition called hypoandrogenism, and manifests as lowered sexual function, diminished stamina, decreased vitality, and anemia. A blood test may be performed to establish the serum testosterone levels, and a reading between 230 and 350 ng/dL (nanograms per deciliter) indicates Low-T. It is normal for men to produce less testosterone as they age, but sometimes the condition is a symptom of an underlying health problem. Men that test normal for testosterone levels complaining of Low-T symptoms may still be prescribed Low-T medication at the physician’s discretion. But there are risks that these patients may not be aware of.

According to the website of low testosterone lawyers Williams Kherkher, low-T medication has become associated with double the risk of developing cardiac problems in men over the age of 65 and those with a history of cardiac disorders since the FDA released an announcement a review of the products early in 2014 to this effect. This is the trigger for the lawsuits mentioned above. However, other studies indicate that the risk of stroke may not be the only side effect of Low-T products.

A study published in the Journal of Alzheimer’s Disease indicates that Caucasian men with elevated oxidative stress levels prescribed with Low-T therapy may also be killing off brain cells that may increase their risks of developing dementia. The study does not show the same result in subjects of other races. So this is something else that patients (as well as Low-T medication manufacturers) will have to worry about.

If you believe you have developed a health condition from using Low-T medication, you may have an actionable case. Consult with a personal injury lawyer with a keen interest in Low-T litigation and present your case for assessment.

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Tumor-free Brain Cells Created from Urine

Sometimes it is interesting to find out what really motivates scientists to study even wastes from humans and then come up with major findings that might never even have been thought of in the past. Who would have thought that brain cells can be developed from urine? But this is what the latest scientific research proves and renders tenable.

The research was conducted in China, at the Guangzhou Institute of Biomedicine and Health. From urine samples, waste cells were extracted and, through the aid of retroviruses, were modified to produce progenitor cells, the brain cells’ building blocks. What’s even more interesting is that further tests conducted on mice showed that the newly developed neurons or brain nerve cells do not cause tumors unlike the embryonic stem cells which were used in the past.

Besides being tumor-free, urine is also readily available and since the urine that will be turned into neurons will come from the very person who needs them, the chance that these will be accepted by the person’s system is much higher.

The present way by which cells are reproduced is through the reprogramming of blood cells2 and cultured skin inside induced pluripotent stem (iPS) cells. Such materials, however, are less available compared to urine. The researchers also discovered that the urine’s kidney epithelial cells content could be turned into iPS cells3 (iPS cells play an important role in the study of autism spectrum disorders and neurogenetic diseases).

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Financial Causes of Divorce

Although there are many different reasons for America’s increasing divorce rate, financial conflicts are a usual scenario in a marriage, and are often a straining factor in the relationship. People who are reckless in their spending habits and are lacking the ability to procure a financial plan can negatively affect the relationship between their partner and the marriage itself. Arguing about financial matters on a daily basis also increases the chances a couple will file for divorce. It is important that both know how to manage their finances because in an unpredictable economy, unexpected changes such as a job loss or bankruptcy can ruin even a strong relationship.

Keeping the marriage afloat during a financial problem can be difficult. Some couples tend to choose filing for bankruptcy as a means to help them manage their financial problems caused by debts and money shortage. Options such as Chapter 13 bankruptcy can help in keeping certain possessions and properties, while having a repayment plan to clear out the debts. According to Ryan J. Ruehle, Attorney at Law LLC, choosing the right type of bankruptcy would allow debtors to manage their finances, properties, and assets better so that they can move forward debt-free. Having legal counsel during these times would help ensure that all debts are accounted for, properties and assets are protected, and debts which can be deductible are taken out of the repayment plan.

Money matters, and in a marriage, it can be a great factor that can cause a divorce. Many marriages have ended in divorce because of financial issues. Whether it is because of debts, budgeting, or even bankruptcy, money and finances in a marriage is one of the leading causes of the rising divorce rates in the United States. Whatever the reason may be for the money being tight, issues about money will put a strain of the relationship. If this pressure gets to be too much for even one partner, they may end up giving up the relationship and choose to file for divorce.

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The Effects of Truck Accidents

Truckers have it hard; being on the road all the time, working long hours, and being away from family. A lot of things call for compromise when you choose to be a truck driver, although the payout is enough to compensate for it. Truckers carry heavy loads from one point to another, more often covering long distances in order to deliver an order. The demand for delivery and long working hours is among the main reasons why there are truck accidents in many of the roads in the U.S.

When a truck driver gets involved in a collision or accident while on the job, their injuries are covered by worker’s compensation regardless of where the accident had taken place. Since the majority of these truck accidents happen away from the employer’s main office, it would help to have legal representation, such as Williams Kherkher who has represented many victims in these types of accidents, to assist in filing for worker’s compensation. The long distances can be a hindrance in acquiring the necessary financial aid to cover for the medical bills, rehabilitation costs, lost wages, and other damages.

Aside from the worker’s compensation, a truck driver can also file for a claim versus the other driver or insurance company for physical and emotional pain and suffering. This can be pursued if the accident was caused by the other driver’s negligence or recklessness, and particularly if the accident resulted in a permanent disability. When it comes to personal injury claims against a third party, it is necessary to prove that negligence is the cause of the accident and injury; on the other hand, worker’s compensation can be given even if the accident was caused by you.

For those who choose to claim both worker’s compensation and personal injury – it should be noted that these two have different time requirement for filing. Worker’s compensation should be file immediately (within a matter of days), otherwise the employer may have a defense against providing for your claim. Likewise, personal injury claims can be filed for up to five years (depending on which state), and when evidence of a permanent disability are really apparent.

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Complications from the DePuy Hip Implant

People who have used the DePuy ASR are at risk of having hip replacement complications following a product recall last August 2010. This is after an initial lawsuit filed in July 2010 claiming that the hip replacement device was flawed in design, and that the DePuy Orthopedics, Inc. (manufacturers of the medical device) was aware of the possible complications that may arise but did not issue any warnings to their patients and/or surgeons. As a result, Johnson & Johnson, which DePuy Orthopedics is the device subsidiary, has agreed to pay a total of $4 billion as settlement for thousands of lawsuits filed against them.

Touted as the largest payout in liability claims when it comes to medical products, the settlement will benefit about 7,000 to 8,000 patients who have subsequent hip replacement surgery after being injured by the defective DePuy artificial all-metal hip. The product recall – and ensuing lawsuits – was made when 12 percent of the installed units failed within five years of surgery. It typically takes more than 15 years for artificial hips to require replacements due to weathering.

Based on reports, the all-metal composition of the DePuy hip unit creates debris every time it slides against the metal cup, causing tissue death in the surrounding joint which has, in some case, endangered the patient’s blood due to increased metal ions. The complication has contributed to crippling injuries for some patients. The settlement deal will only be given to patients who had the hip device removed after suffering from complications. Those who will experience complications with the DePuy artificial hip device, and would be forced to have corrective hip replacement surgery, can file for compensation in the future, either through personal injury lawyers such as Ritter & Associates, or those who have represented patients who have gone through DePuy hip replacement.

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