Saturday, December 21, 2013

Nursing Home Abuse Lawyers - Are They Helpful?


In today's time the numbers of nursing homes are hyped due to the increase in population of old aged people. And as it always happens if the nursing homes increase also there will be an increase in California nursing home abuse. Due to this reason there is a drastic increase in the number of lawyers specializing in this field. Nursing home patients are very easily assailable.

Most of these cases are carried out through the under qualified staff and also some inexperienced people working there. Many a times there are many suspicious deaths due to dehydration and malnutrition due to the negligence of the staff members.

When you enroll a family member into a nursing home you show that you are trusting them for all good and all the bad of your loved one. In this situation If you see any of your person being abused in the nursing home you can anytime contact an experienced and a compassionate nursing home abuse lawyer. He can always help you understand your rights and can also help you go towards your correct course of action.

As soon as a case comes to your knowledge you must contact a abuse lawyer. An investigation can be started as soon as you contact them. Also the best part most of the lawyers work on a juncture fee, this means that they charge you only if your case is successful.

Here talking to a California home negligence lawyer can really be of great help. As they understand yours as well your loved ones concern same as you yourself do. So its no harm in contacting them. Right?

Feng Shui Tips to De-Clutter and Downsize


One of the highlights of my summer 'vacation' was to downsize!!! Many of my real estate clients are downsizing in order to, for example: 1) hang up the lawnmower and spend less time on yard maintenance, 2) move into a smaller home, town home, or condo with a master bedroom on the main level - for stair-free living, or 3) move to some type of assisted care facility - for an easier, less-stressed lifestyle.

For a number of different reasons, I decided to move from my approx. 1650 sq. ft. home into a 1-BDR apartment! Wow - for sure, this would be an "extreme makeover" - not to mention an "extreme exercise" in downsizing and de-cluttering! However, moving into a new space became a perfect opportunity for me to employ Feng Shui guidelines for de-cluttering.

Here are 7 questions I asked myself - to help de-clutter and downsize in to my new, much smaller digs! And to acknowledge the source of these 'Seven "Clear the Way" Questions,' they are listed on p. 21 in the book written by Terah Kathryn Collins, The Western Guide to Feng Shui - Room by Room. For all the items that I was about to move (or get rid of), I asked:

1 - Do I love it?

2 - Do I need it?

3 - Does it reflect who I am and who I'm becoming?

4 - Does it act as an energy-boosting affirmation for me?

5 - What positive and/or negative thoughts, memories, or emotions do I associate with it?

6 - Does it need to be fixed or repaired, and am I willing to do so now?

7 - If it's time to let it go, am I going to sell, lend, or give it away, and when?

The reality of the situation was that I had to be moved in by August 1st - so I had a specific deadline I had to meet. This was a good thing, of course - because now I was forced to face all of that stuff - in my closets, drawers, attic, and, garage.... boxes of paper, items of clothing I had not worn in years, multiple sets of dishes, old pieces of furniture that I will paint "someday," etc.

My good friend and professional organizer, Katrina Solomon, has a favorite definition of clutter that I have adopted: clutter is postponed decisions and delayed action. And all of the clutter that I had accumulated over the years had become invisible - until now!

One of the reasons I embraced the challenge of moving to a much smaller space was because - like so many of us today - I had begun to feel very overwhelmed and stressed with trying to keep up with a variety of personal and professional obligations and commitments. And I knew intuitively that when I began the process of simplifying and organizing that the net effect would be a feeling of being more in control, less stressed, more inspired - and there would be more time and energy for new projects and creative initiatives. Well, it has all worked out beautifully! I have new-found energy, excitement - and truly feel re-energized and rejuvenated.

How To Prevent Elder Abuse


As our population ages and more stress is placed on families to care or both parents and children at the same time, there is a potential for Elder Abuse by caregivers whether family members or service providers. To understand how Elder Abuse happens we must first define what Elder Abuse is, what are the indicators, who are the perpetrators, what the signs of elder abuse and who is at risk of being a victim.

Elder abuse is defined as any form of mistreatment that results in harm or loss to an older person. It is generally divided into the following categories:

Physical Abuse

Physical abuse is physical force or violence that results in bodily injury, pain, or impairment. It includes assault, battery, and inappropriate restraint.

Who are the perpetrators?

Perpetrators may be acquaintances, sons, daughters, grandchildren, or others. Perpetrators are likely to be unmarried, to live with their victims, and to be unemployed. Some perpetrators have alcohol or substance abuse problems. Some are caregivers for those they abuse.

Who is at risk?

As a group, victims of physical abuse do not differ significantly from seniors who are not abused.

What are the indicators?

Indicators are signs or clues that abuse has occurred. Physical indicators may include injuries or bruises, while behavioral indicators are ways victims and abusers act or interact with each other. Many of the indicators listed below can be explained by other causes (e.g. a bruise may be the result of an accidental fall) and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

Physical indicators

* Sprains, dislocations, fractures, or broken bones

* Burns from cigarettes, appliances, or hot water

* Abrasions on arms, legs, or torso that resemble rope or strap marks

* Internal injuries evidenced by pain, difficulty with normal functioning of organs, and bleeding from body orifices

* Bruises. The following types of bruises are rarely accidental:

o Bilateral bruising to the arms (may indicate that the person has been shaken, grabbed, or restrained)

o Bilateral bruising of the inner thighs (may indicate sexual abuse)

o "Wrap around" bruises that encircle an older person's arms, legs, or torso (may indicate that the person has been physically restrained)

o Multicolored bruises (indicating that they were sustained over time)

o Injuries healing through "secondary intention" (indicating that they did not receive appropriate care)

o Signs of traumatic hair and tooth loss

Behavioral indicators

* Injuries are unexplained or explanations are implausible (they do not "fit" with the injuries observed)

* Family members provide different explanations of how injuries were sustained

* A history of similar injuries, and/or numerous or suspicious hospitalizations

* Victims are brought to different medical facilities for treatment to prevent medical practitioners from observing a pattern of abuse

* Delay between onset of injury and seeking medical care

Sexual Abuse

Sexual abuse is any form of non-consensual physical contact. It includes rape, molestation, or any sexual conduct with a person who lacks the mental capacity to exercise consent.

Who are the perpetrators?

Perpetrators of sexual abuse include attendants, employees of care facilities, family members (including spouses), and others. Facility residents sometimes assault fellow residents.

Who is at risk?

* The majority of identified victims are women, however older men have been sexually abused in both domestic and institutional settings.

* Persons with physical or cognitive disabilities

* Persons who lack social support and are isolated

What are the indicators?

Indicators are signs or clues that abuse has occurred. Physical indicators may include injuries or bruises, while behavioral indicators are ways victims and abusers act or interact with each other. Some of the indicators listed below can be explained by other causes (e.g. inappropriate or unusual behavior may signal dementia or drug interactions) and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

Physical indicators

* Genital or anal pain, irritation, or bleeding

* Bruises on external genitalia or inner thighs

* Difficulty walking or sitting

* Torn, stained, or bloody underclothing

* Sexually transmitted diseases

Behavioral indicators

* Inappropriate sex-role relationship between victim and suspect

* Inappropriate, unusual, or aggressive sexual behavior

Domestic violence

Domestic violence is an escalating pattern of violence or intimidation by an intimate partner, which is used to gain power and control. Several categories of domestic violence against the elderly have been identified:

"Domestic violence grown old" is when domestic violence started earlier in life and persists into old age

"Late onset domestic violence" begins in old age. There may have been a strained relationship or emotional abuse earlier that got worse as the partners aged. When abuse begins or is exacerbated in old age, it is likely to be linked to:

* Retirement

* Disability

* Changing roles of family members

* Sexual changes

Some older people enter into abusive relationships late in life

Who are the perpetrators?

* Perpetrators are spouses or intimate partners

* The majority are men

* Some perpetrators abuse drugs or alcohol.

Who is at risk?

* Older women whose relationships with their spouses or intimate partners were abusive or strained when they were younger.

* Older women who enter into intimate relationships late in life

What are the indicators?

Indicators of domestic violence are similar to those associated with physical abuse and/or sexual abuse (see physical abuse and sexual abuse). The following additional patterns are also characteristic:

* The frequency and severity of injuries are likely to increase over time

* Victims often experience intense confusion and disassociation

* Violent incidents are often preceded by periods of intensifying tension and followed by periods of apparent contrition on the part of perpetrators

Psychological abuse

Psychological abuse is the willful infliction of mental or emotional anguish by threat, humiliation, or other verbal or nonverbal conduct.

Cultural values and expectations play a significant role in how psychological abuse is manifested and how it affects its victims.

Who are the perpetrators?

Perpetrators may be family members, caregivers, or acquaintances.

Who is at risk?

Persons who are isolated and lack social or emotional support are particularly vulnerable.

What are the indicators?

Indicators are signs or clues that abuse has occurred. Physical indicators may include somatic changes or decline, while behavioral indicators are ways victims and abusers act or interact. Some of the indicators listed below can be explained by other causes and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

Physical indicators

* Significant weight loss or gain that is not attributed to other causes

* Stress-related conditions, including elevated blood pressure

Behavioral indicators

The perpetrator:

* Isolates the elder emotionally by not speaking to, touching, or comforting him or her

The elder:

* Has problems sleeping

* Exhibits depression and confusion

* Cowers in the presence of abuser

* Is emotionally upset, agitated, withdrawn, and non responsive

* Exhibits unusual behavior usually attributed to dementia (e.g., sucking, biting, rocking)

Financial Abuse

Elder financial abuse spans a broad spectrum of conduct, including:

* Taking money or property

* Forging an older person's signature

* Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence

* Using the older person's property or possessions without permission

* Promising lifelong care in exchange for money or property and not following through on the promise

* Confidence crimes ("cons") are the use of deception to gain victims' confidence

* Scams are fraudulent or deceptive acts

* Fraud is the use of deception, trickery, false pretense, or dishonest acts or statements for financial gain

* Telemarketing scams. Perpetrators call victims and use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization

Who are the perpetrators?

1. Family members, including sons, daughters, grandchildren, or spouses. They may:

* Have substance abuse, gambling, or financial problems

* Stand to inherit and feel justified in taking what they believe is "almost" or "rightfully" theirs

* Fear that their older family member will get sick and use up their savings, depriving the abuser of an inheritance

* Have had a negative relationship with the older person and feel a sense of "entitlement"

* Have negative feelings toward siblings or other family members whom they want to prevent from acquiring or inheriting the older person's assets

2. Predatory individuals who seek out vulnerable seniors with the intent of exploiting them. They may:

* Profess to love the older person ("sweetheart scams")

* Seek employment as personal care attendants, counselors, etc. to gain access

* Identify vulnerable persons by driving through neighborhoods (to find persons who are alone and isolated) or contact recently widowed persons they find through newspaper death announcements

* Move from community to community to avoid being apprehended (transient criminals)

3. Unscrupulous professionals or business persons, or persons posing as such. They may:

* Overcharge for services or products

* Use deceptive or unfair business practices

* Use their positions of trust or respect to gain compliance

Who is at risk?

The following conditions or factors increase an older person's risk of being victimized:

* Isolation

* Loneliness

* Recent losses

* Physical or mental disabilities

* Lack of familiarity with financial matters

* Have family members who are unemployed and/or have substance abusers problems

Why are the elderly attractive targets?

* Persons over the age of 50 control over 70% of the nation's wealth

* Many seniors do not realize the value of their assets (particularly homes that have appreciated markedly)

* The elderly are likely to have disabilities that make them dependent on others for help. These "helpers" may have access to homes and assets, and may exercise significant influence over the older person

* They may have predictable patterns (e.g. because older people are likely to receive monthly checks, abusers can predict when an older people will have money on hand or need to go to the bank)

* Severely impaired individuals are also less likely to take action against their abusers as a result of illness or embarrassment

* Abusers may assume that frail victims will not survive long enough to follow through on legal interventions, or that they will not make convincing witnesses

* Some older people are unsophisticated about financial matters

* Advances in technology have made managing finances more complicated

What are the indicators?

Indicators are signs or clues that abuse has occurred. Some of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

* Unpaid bills, eviction notices, or notices to discontinue utilities

* Withdrawals from bank accounts or transfers between accounts that the older person cannot explain

* Bank statements and canceled checks no longer come to the elder's home

* New "best friends"

* Legal documents, such as powers of attorney, which the older person didn't understand at the time he or she signed them

* Unusual activity in the older person's bank accounts including large, unexplained withdrawals, frequent transfers between accounts, or ATM withdrawals

* The care of the elder is not commensurate with the size of his/her estate

* A caregiver expresses excessive interest in the amount of money being spent on the older person

* Belongings or property are missing

* Suspicious signatures on checks or other documents

* Absence of documentation about financial arrangements

* Implausible explanations given about the elderly person's finances by the elder or the caregiver

* The elder is unaware of or does not understand financial arrangements that have been made for him or her

Neglect and Self-Neglect

"Active" neglect refers to behavior that is willful - that is, the caregiver intentionally withholds care or necessities. The neglect may be motivated by financial gain (e.g. the caregiver stands to inherit) or reflect interpersonal conflicts.

"Passive" neglect refers to situations in which the caregiver is unable to fulfill his or her care giving responsibilities as a result of illness, disability, stress, ignorance, lack of maturity, or lack of resources.

"Self neglect" refers to situations in which there is no perpetrator and neglect is the result of the older person refusing care.

Who are the perpetrators?

* Perpetrators may be paid attendants, family members, employees of long- term care facilities, or others

* Caregivers who lack adequate skills, training, time, or energy

* Caregivers who are mentally ill, or who have alcohol, substance abuse or other mental health problems

* In self-neglect cases, there are no perpetrators

Who is at risk?

* Persons with physical or mental disabilities who depend on others for care

* Persons with high care needs. The literature on care giving suggests that certain conditions are particularly stressful to caregivers. These include fluctuations in the older person's need for care, disturbed sleep, incontinence, and lack of support from other family members.

* Self-neglect is often associated with mental health problems, including substance abuse, dementia, and depression.

What are the indicators?

Indicators are signs or clues that neglect has occurred. Indicators of neglect include the condition of the older person's home (environmental indicators), physical signs of poor care, and behavioral characteristics of the caregiver and/or older person. Some of the indicators listed below may not signal neglect but rather reflect lifestyle choices, lack of resources, or mental health problems, etc. One should look for patterns or clusters of indicators that suggest a problem. Signs of neglect observed in the home

* Absence of necessities including food, water, heat

* Inadequate living environment evidenced by lack of utilities, sufficient space, and ventilation

* Animal or insect infestations

* Signs of medication mismanagement, including empty or unmarked bottles or outdated prescriptions

* Housing is unsafe as a result of disrepair, faulty wiring, inadequate sanitation, substandard cleanliness, or architectural barriers

Physical indicators:

* Poor personal hygiene including soiled clothing, dirty nails and skin, matted or lice infested hair, odors, and the presence of feces or urine

* Unclothed, or improperly clothed for weather

* Decubiti (bedsores)

* Skin rashes

* Dehydration, evidenced by low urinary output, dry fragile skin, dry sore mouth, apathy, lack of energy, and mental confusion

* Untreated medical or mental conditions including infections, soiled bandages, and unattended fractures

* Absence of needed dentures, eyeglasses, hearing aids, walkers, wheelchairs, braces, or commodes

* Exacerbation of chronic diseases despite a care plan

* Worsening dementia

Behavioral indicators:

Observed in the caregiver/abuser

* Expresses anger, frustration, or exhaustion

* Isolates the elder from the outside world, friends, or relatives

* Obviously lacks care giving skills

* Is unreasonably critical and/or dissatisfied with social and health care providers and changes providers frequently

* Refuses to apply for economic aid or services for the elder and resists outside help

Observed in the victim:

* Exhibits emotional distress such as crying, depression, or despair

* Has nightmares or difficulty sleeping

* Has had a sudden loss of appetite that is unrelated to a medical condition

* Is confused and disoriented (this may be the result of malnutrition)

* Is emotionally numb, withdrawn, or detached

* Exhibits regressive behavior

* Exhibits self-destructive behavior

* Exhibits fear toward the caregiver

* Expresses unrealistic expectations about their care (e.g. claiming that their care is adequate when it is not or insisting that the situation will improve)

How to Plan a 100th Birthday Party


Turning 100 is a momentous occasion. Less than 2% of the US population reached their 100th birthday. Planning a birthday celebration for any centenarian takes sensitivity. Quite possibly they are frail and mobility challenged. The location of the party must take this into consideration.

Step 1. Discuss the party with the birthday celebrant. NEVER THROW A SURPRISE PARTY for someone this age. Together, work up an invitation list of friends and family members.

Step 2. Know all you can about the birthday celebrant. If she is in a wheelchair or in ill health, hold the party at their home. If she lives in a nursing home, coordinate with the administrator for this very special event. You need to know about all allergies and limitations. For instance, if she can't hear, don't waste money on music.

Step 3. Plan the food. There may be rules to follow if she lives in a nursing home. If you can hold the party in a private home, consider hiring a caterer. An alternative is to ask friends to bring a dish. The hostess supplies only the Birthday Cake and drinks.

Use the dining table with her best linens and china for a smaller group. Many centenarians are especially fond of their possessions and will have fond memories at dining table set with her beautiful china and silver.

Buffets will be difficult for senior citizens. If there is a large group of guests, put the food on a buffet or dining table, but have helpers serve the seated senior citizens-especially the birthday girl.

Step 4. Be sure to have a non-alcoholic punch or soft drinks as the celebrant or the elderly guests may need to avoid mixing alcohol with medicines.

Step 5. Bake her favorite Birthday Cake. Top it with letter candles spelling out H-A-P-P-Y B-I-R-T-H-D-A-Y or put three large candles for 1-0-0 on the cake. Western tradition allows for 100 small candles on the cake, but she probably cannot blow them all out, and this will make her feel bad.

Step 6. Entertainment should be appropriate for senior citizens. Children's choir is a favorite. A violinist or pianist could provide background music as well as a set program.

Step 7. Consider hiring a photographer or videographer. Copies of these mementoes will be cherished by all members of the family.

Step 8. Decorations make any location festive. Party supplies: banners, balloons, yard signs can be bought at your favorite party store or online.

Don't forget flowers for centerpieces and corsage or boutonniere for the gentleman.

Step 9. Dress. Work with the birthday celebrant on dress for the day. Make sure has a current hair cut or hair style. Fix makeup for ladies and choose a great looking outfit. Buy a tiara for the birthday girl. Party supply places have fun ones with the number 100 prominently displayed. A funny hat for a birthday guy sets the party mood. They want to look and feel good for this special day.

Step 10. Gifts. Happy Birthday from the Today show and Willard Scott can be obtained by sending a request with a photo to: Willard Scott Birthdays, TODAY show, NBC News, 4001 Nebraska Avenue NW, Washington, DC 20016. NBC requests this information be in their hands 6 weeks prior to the recipient's birthday. They cannot mention everyone on the air, but it doesn't hurt to send in a request.

Get a list of the birthday celebrants' governor, US senators, and representatives, and mayor of their town. Write them with the details of the centenarians approaching birthday and ask them to send them a letter of congratulations. Most politicians have staff who tend to such matters.

Contact the local newspaper and the church where the birthday girl or guy is a member. They will print it in the paper or church bulletin. Be sure to say that the birthday will be celebrated with a small, private gathering of family. This way, you won't get party crashers.

A favorite gift is a digital picture frame with family photos. Gather all photos together, add music, and set it up as a continuous slide show. It is a wonderful way to remind centenarians of their extended family. If you have access to photos from their past, include them as well.

Enjoy this very special party! You will make this person very happy on her birthday.

Sample letter to Mayor requesting a congratulatory letter for the Centenarian

Dated 6 weeks in advance of birthday

Mayor John Doe

City Hall Suite 100

City, St, Zip

Dear Mr. Mayor

It is my honor to prepare a birthday party for one of your city's newest centenarians. Mrs. Jane Brown Smith has lived in your fine city virtually her whole life. She worked with her husband in his three businesses while raising her two children. She has been active in her church, name of church, and civic organizations, Kiwanis Club, Rotary, and Boy Scouts. List any awards or recognitions that she has received.

Mrs. Smith turns 100 years old on April 17, and it would mean a lot to her to receive a letter of congratulations from you, Mr. Mayor. Please send your letter close to her birthday to:

Mrs. Jane Brown Smith

123 ABC Street

City, St, Zip

Thank you in advance for making her 100th birthday special.

Very truly yours

Mrs. Smith-Jones, daughter

Detecting Nursing Home Abuse


Nearly everybody reaches the age where they will need extra help with their everyday living. Our elderly were once vibrant and youthful children and adults who worked hard to earn a living and raise their own families. When the day comes when we can no longer care for our elderly parents, we will have to look for a reliable nursing home or extended living facility.

Nursing homes are a necessary part of our society, for they provide the elderly with the round-the-clock care that they desperately need. As men and women age, their needs are much like the needs of a young infant; therefore, it is often necessary to place our loved ones in a nursing home where they can get the care they need.

Nursing homes are paid good money by private individuals and by the state to care for elderly individuals; unfortunately their standard of care is not always where it should be. Overcrowded nursing homes and understaffing have created an environment where nursing home neglect can occur as a result. Even when caregivers have the best intentions, elderly patients can be pushed aside, or their needs can be neglected when there are staff shortages.

Aside from overworked and underpaid staffing issues, there's something far more worse going on in our nation's nursing homes. Sadly, there have been thousands of cases where nursing homes were downright abusive towards elderly patients. This may seem like something that can't possibly happen in your nursing home, but the truth is that the problem is far more widespread than people have been led to believe. What types of abuses go on behind closed doors? Virtually anything you can imagine has probably already occurred. Nursing home abuse can be physical, it can be emotional, it can involve sexual abuse, overmedicating, malnutrition, and it can involve financial exploitation.

Physical abuse within a nursing home would consist of unnecessary use physical restraints, hitting, slapping, and punching among other types of abuse. It can also mean overmedicating or heavily sedating a patient as a means of control.

Sexual abuse can include: fondling, molestation, and sexual assault/rape, sexual battery, forcing the elderly individual to watch pornographic material and forcing them to undress. Emotional abuse can consist of threats, belittling and social isolation. All of which can lead to psychological distress in the elderly patient. Financial exploitation can refer to when a caregiver steals cash out of an elderly person's wallet or purse, it can mean taking money out of their bank accounts and it can mean writing checks from the elderly person's checking account. It can also mean a full-fledged identity theft scheme where the caregiver steals their social security number, birth certificate and credit cards. Sometimes financial exploitation can go undetected for years before it is brought to light.

If your loved one is in a nursing home and if you have observed some things that didn't sit right with you, you should start looking further into your concerns. Have you noticed any unexplained bruising? Is your loved one afraid of his or her caregivers, or do they seem to argue with them? Are things missing from their room? Has money or jewelry gone missing, or is money missing from their bank accounts? Has there been any unusual activity on their credit cards or other accounts?

It's also important to look around the room. Is it clean? Does your loved one look well fed, or have they recently experienced a sudden loss in weight? Are there any foul odors in the room; does your loved one have any bed sores? Are they making wild claims that somebody hurt them, or that somebody stole from them? It can be a common mistake to dismiss claims by the elderly, or chock up their complaints to Alzheimer's, or wild hallucinations.

The elderly are very susceptible to being taken advantage of in more ways than one. Whether you suspect nursing home abuse, neglect, or if you think your loved one suffered from a wrongful death at the hands of their caregiver, then contact a personal injury attorney who has experience with these types of cases. They can help you with the legal aspects, and they can help bring the abuser to justice so that nobody else has to be harmed by them.

The Merchant Marine Act of 1920: Section 27 B The Jones Act


Section 27 of the Merchant Marine Act of 1920 is known as The Jones Act. This act was written to protect seaman who are injured while on a vessel. Basically, the The Jones Act declares the rights of seaman on US owned or operated vessels.

The Jones Act is designed to protect seamen from unsafe living and working conditions while working on a US vessel. This act covers not just the crew, but also the masters of that crew. The employer of the vessel is mandated by US law to compensate an injured seaman while working on board the employer's vessel. Under this act, when seamen are injured they have the right to make a claim and collect from their employers. If the injury is the result of the negligence of the vessel owner, they have the right to file a claim for damages. As well, if the injury resulted from the vessel and staff that created a environment of unseaworthiness, a seaman has the right to make a claim. Injury or death benefits can also be awarded if the vessel was assessed to be in a state of 'unseaworthiness.' A seaman can make a claim under this act if they comply with the The US Supreme Court ruling stating, 'Any worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act.'

Under the Act, a seaman can make a claim in the U.S. Federal Court or in a State Court. The act has provisions for providing compensation in certain areas. For instance, compensation can awarded for lost wages as the result of an injury where it can be shown a minimum 1% the fault of the employer. As well, the act gives an injured seaman the right to compensation regarding maintenance and cure until the seaman has been cured, or all medical treatment has been provided in an effort to achieve a cure. This means a seaman is entitled to compensation for medical expenses, accommodations that are comparable to accommodations on the vessel, hospitalization, medicine, doctor care, and nurse care. Maintenance begins once the injured or ill seaman departs the vessel and ends once the seaman has reached a maximum medical cure.

When a seaman has been injured on a vessel, the best thing he or she can do is contact a Jones Act Attorney, especially if the employer is negligent or the vessel is deemed unseaworthy (vessel or crew not fit). A Jone Act attorney specializes in Maritime law. This area of the law can be quite confusing for the novice so it a good idea to have an attorney that understands the act. The attorney will advise a seaman of his or her rights and explain the step-by-step process of obtaining fair compensation. A Jones Act attorney helps seamen navigate the legal process, prepares a case on behalf of their clients, and fights for their clients to ensure they receive the compensation that they deserve. If you have been injured working on a US vessel, you should hire a Jones Act Attorney.

Friday, December 20, 2013

Abuse of Older People


Abuse of older people is a human rights issue. It is in the news at the minute in Ireland because Prime Time did a programmed on Monday night about abuse of people in their own homes by carers.

My attitude is we are all going to be old someday. We are all going to get weaker and more dependent on other people. Being fit and active can help to delay this process. Poverty is one of the main problems in old age. For someone who relies on the State Pension alone their income is currently ??19 per week and that rises to ??29 when you are over 80 years old.

The Prime Time programme highlighted issues of force feeding, threatening behaviour and stealing by carers. There are a lot of companies in Ireland today who provide care services to people living in their own homes and these are under contract to the Health Service Authority. That organisation also provides carers to the majority of people being cared for at home. The other alternative for older people is of course to go into a nursing home but that is very expensive - usually in excess of ??00 per week and the older person will probably have to sell their house to pay for their care.

The World Health Organisation defined elder abuse in 2002
"A single or repeated act or lack of appropriate action occurring within any relationship where there is an expectation of trust, which causes further harm or distress to an older person or violates their human and civil rights"

Dr. Corina Naughton of University College Dublin produced a Report on the National Study of Elder Abuse and Neglect which was published in November 2010. It outlines different types of abuse against older people, physical, psychological, financial and sexual which causes emotional distress, loss of self confidence and possible depression in older people. It is interesting to note that 50% of the cases studied involved abuse of an older person by an adult child, 20% by a spouse or partner, 24% by other relations, 4% by a friend and only 2% by a Home Help/Carer.

The issue of elder abuse really came to light in Ireland as a result of the Inquiry into the Leas Cross Nursing Home in Swords County Dublin which was forced to close in 1995. The Commission of Investigation into Leas Cross published its report in June 2009 and it recommended the following:-

1. Set clear standards of care
2. Carry out inspections
3. Train care staff
4. Public Health Nurses should be more involved in care and supervision of the elderly

From 1st July 2009 The Health Information and Quality Authority (HIQA) assumed legal responsibility for the registration and inspection of residential care services for older people in the public private and voluntary sectors in Ireland. HIQA must ensure that nursing homes comply with the conditions of their registration. On my reading HIQA should also be responsible for carers in people's homes.

Aine Brady, the Minister for Older People said during the week that guidelines are to be put in place regarding home carers (home help). But these appear to be of a voluntary nature and not legally enforceable. Age Actioin Ireland in their vision and mission statement say that older people should be entitled to independence, participation in society, care, self fulfillment and dignity. There should be adequate community services to help people stay in their homes as long as possible and transport to bring them places.

Mistreatment of older people takes place on a number of levels and the responsibility is that of the whole of society, the older people themselves, families, communities, the media, policy makers and financial institutions. We need to be mindful of the fact that someday we will all be old.

Stop Elder Financial Abuse Now!


What could be more despicable than stealing and deceiving the elderly for their money? Elder financial abuse, an issue that was recently brought to the spotlight by Hollywood actor Mickey Rooney, is a crime of exploiting senior citizens for monetary gain. Rooney sued his stepson and others for tricking him into thinking he was on the brink of poverty and forcing him to continue working while they swindle millions using his name.

After the case was settled, people were suddenly more aware of this urgent matter. So, how do you recognize this crime and stop it?

Elder Financial Abuse 101

This crime involves illegal and improper use of a senior citizen's funds, resources and property. Recognizing this crime is easy, however, they mostly happen within the family. Unless other parties observe and get involved, these crimes will go unnoticed.

The crimes involved in elder financial abuse involve trickery, deception, forceful access to funds and properties of a senior citizen. Most people who are guilty of this are caregivers, fraudsters and, sadly, family members.

Here are examples of the exploitations these fraudsters commit:

-Forging the signature of an elderly to access personal checks, credit cards and other financial accounts.

-Stealing prized possessions, cash, and pension checks

-Theft of identity- Most victims of this are senile elderly. Fraudsters take advantage of the elderly's confinement in a nursing facility and use his identity for personal or business transactions. Sometimes, even healthcare companies are guilty of this crime. Some charge excessively for unnecessary healthcare services. While there are those that offer special "prizes", which in the end forces the elderly to purchase. It is a good thing there are many vigilant bank fraud lawyers who take necessary measures to fight against these problems.

How to fight elder financial abuse

Hiring a good bank fraud lawyer to investigate how an elderly's money is being spent is one way of fighting elder financial abuse.

Look for a firm that specializes on elder financial abuse cases. There are many who investigate and litigate fraud actions involving insurance and banking claims. A bank fraud lawyer in this firm will even investigate wrongful death cases.

Here are some other ways you can prevent this abuse from happening:

-Keep your communication lines open with your elderly relatives. Check up on them from time to time.

-Observe, observe, observe! Be perceptive about any behavioral or physical change.

-Do a thorough research on the background of your caregiver! It is unadvisable to choose one through an advertisement. Look for licensed and bonded agency. You may also hire an investigator to examine the credentials of your caregiver. This ensures that your relative is in good hands and the caregiver is not a convicted felon of some sort.

-Keep an inventory of all jewelry, expensive gadgets, and properties. Make sure all the valuables are stored in a safe place.

When you know somebody who may be a victim of this kind of crime, it would be best to tell the authorities or refer a good bank fraud lawyer who can help them. If you know the family and do not wish to be called as someone who meddles in family affairs, you can search the internet and find anonymous hotlines you can call.

Long Term Care for Our Elders - Who Will Pay?


While my father continues to live with me, I have still begun the process of looking into assisted living facilities and nursing care homes so that I'll be prepared if or when the time comes that I'll no longer be able to care for him at home. Assisted living costs can run between $3500.00 and $7000.00 per month depending upon the degree of "assistance" a resident might require and the amenities that the facility provides.

Nursing homes are even more expensive, with a price tag of up to $7000.00 per month. This is a daily worry for me. What if my father falls and breaks a hip? What if he has a stroke?

Let's look at the options.

There are basically 4 ways to pay for long term care:

1. Private funds

2. Insurances

a. Medicare
b. Supplemental Policies
c. Long Term Care Policies

3. Veteran's Administration Funds

4. Medicaid

Private funds are, of course, those monies that come from the individual (or individual's family) who is being care for in assisted living or in a nursing home. This is the method that many people are required to use once their Medicare and Insurance monies are gone and BEFORE they can qualify for Medicaid.

Some people have long term care policies in place (which are in and of themselves, quite expensive to purchase) and may be fortunate enough to have a large portion of their long term care paid for using this method; however, many long term care policies have a long list of pre-existing conditions that will then make a person ineligible for coverage.

Medicare (the national health care program for citizens aged 65 and over ) and its supplemental policies can help with payment somewhat but it provides only short term assistance. For instance, at best, it will only pay for 100 days of nursing home care AFTER an approved hospitalization. (If you have a Medicare supplemental plan, this 3 day hospitalization may not be necessary.) They will pay 100% of the first 20 days but then will assess close to a $120 per day deductible for the rest of the stay. Once this 100 days has run out, private funds must be utilized if the patient does not qualify for Medicaid. If the patient is discharged from a nursing home facility and remains stable for 60 consecutive days, they are then eligible for another 100 days nursing home care but again AFTER an approved hospital stay.

Unfortunately, the glitch to this scenario is that the patient must be receiving SKILLED nursing care and must continue to IMPROVE. If there is no improvement, Medicare will not continue to pay. At that point, the patient's own funds are expected to be utilized. Also, Medicare does NOT pay for assisted living. Most of the assisted living facilities that I've spoken with have asked for a 2-3 year guaranteed private fund payment and then they will accept Medicaid for coverage. Basically, "we'll use up all your money and for that we promise we won't kick you to the curb".

Another HUGE glitch is that Medicare does not pay for care for patients with Alzheimer's, Parkinson's and other dementia, even though, there is medical care involved in their treatment. I will note that some cares are being covered now that Alzheimer's is an accepted diagnosis.

Veteran's Administration funds is an area which I am not knowledgeable enough to share any information other than that they play a small role in the larger health care arena.

The 4th payment option is Medicaid.

So how does Medicaid work?
Medicaid is a benefit program which is primarily funded by federal dollars and whose monies are administered separately by each state; therefore, the rules vary from state to state. (For specific rules, consult an attorney that specializes in elder law. And I will say that consulting an attorney specializing in this form of law is definitely worth the investment because they are so many rules and the planning must be put into affect at least 5 years before a patient has need of long term care.) It is probably the payment form that is utilized the most.

In order to be eligible for Medicaid, there must be proof of medical necessity, of course (Medicaid does provide coverage for Alzheimer's, Parkinson's and other dementia) AND there must be financial eligibility.
Qualifying financially for Medicaid is the difficult part (well, difficult if there is a desire to preserve any of the patient's assets at all).

When determining qualification for Medicaid, "exempt" and "non-exempt" (or countable) assets will be examined. "Exempt" assets are those which Medicaid does NOT take into account when determining eligibility. These include a primary home (with an equity of up to approximately $500,000.00 - may be different in each state) which is the principal residence, personal belongings and household goods, ONE car or truck (even if married), burial spaces and items related to burial for both applicant and spouse (there is a maximum amount that can be designated, so again, check with your own state's rules), IRREVOCABLE prepaid funeral contract (it MUST be irrevocable or it does not qualify), a life insurance policy with a limited face value (again, check with your own state for the maximum allowable face value), and a monthly income of $2022 if single or $4044.00 if married. Special needs trusts for survivors (for instance, if a child with cerebral palsy or other handicap needs to continue to be provided for ) are also exempt. Additionally, in some states, a home may be placed in trust for a disabled child to continue to live in after their parent dies.

Many people ask "according to the federal gift tax law, aren't I allowed to give away up to $12,000.00 per year without penalty?" No, that's only for taxes. Medicaid will "look back" 5 years to see what was given away and it can count against your eligibility. Sometimes, an argument can be made that shows that the patient did not EXPECT to be needing long term care for at least 5 years after the gift was given, and an exception can be made.

"Non-exempt" assets (or those that Medicaid will count against your qualification) are basically anything that is money, can be cashed out as money, or is extra. This includes cash, all bank accounts, credit union accounts, CDs, IRAs, 401ks, prepaid funeral contracts which can be canceled, additional car(s), additional property, boats and recreational vehicles, tools, stocks, bonds, mutual funds, etc. Even if a child's name is on the account in addition to the patient, it is still considered non-exempt.

Fortunately, Medicaid now takes into account the surviving spouse of the patient and will not make them "spend down" into poverty before allowing the patient to become eligible for Medicaid coverage.

Additionally, there are a number of strategies that can be used to qualify a patient without using up all of the family financial resources. Getting the advice of an elder-care attorney will help to protect your loved one and family from financial ruin. Your local Area On Aging is often a good source for attorneys specializing in elder-care (and advice is sometimes offered without a fee).

The key to avoiding a financial crisis is to become prepared early.

A Friendly Gesture Can Go A Long Way For Seniors In Assisted Living


How would you feel if someone greeted you with his or her arms folded across their chest and their lips scrunched up to one side of their face when you walked into a room? Most likely, you would predict that something was wrong and with scrutiny, that the person is angry with you for something you have done. The gestures alone speak confrontation. Experts believe that body language accounts for a much greater role in communication than actual spoken words, anywhere from 60 to 90 percent more so. Most people do not have to be a scientific researcher in the field of body language to sense anger, attentiveness, boredom or approval from a person who has not yet spoken a single word. The science of kinesics, the study of non verbal communication, provides clues as to the attitude or state of mind of people involved in an Assisted Living Los Angeles Facility. Body language can set the tone for a one on one conversation, interview or a group meeting.

Health workers dealing with patients in long term care settings such as Assisted Living in Los Angeles have double duty in being aware of their own body language and how it affects seniors. They have the responsibility of caring for the elderly who may be in pain, frightened, depressed or in some cases, cognitively impaired. A positive or negative body gesture given consciously or unconscientiously, can affect just about anyone, but has the potential for a much greater impact on a senior in a vulnerable state of mind. Although there are several common gestures that have been construed to communicate certain emotions, experts warn that there are number of circumstances that prove otherwise. It would be wise to keep an open mind when impacted by a certain body movement and consider all of the possibilities before jumping to conclusions.

A good example is the arms crossed against the chest signal. Generally interpreted to be a negative attempt to put an invisible barrier between themselves and others, but depending on the circumstances, could actually signal something entirely different. It could also mean that the person crossing their arms is cold which would be further clarified if the person is rubbing their arms or huddling. When the overall situation is amicable, it could mean that the person is thinking deeply about what is being said. In a serious or confrontational situation, it could mean that a person is expressing opposition, especially if the person is leaning away from the speaker.

Other non verbal signals can include eye contact or lack thereof. This can be even further complicated by the fact that eye contact can mean different things in different cultures. The importance of Elderly Health Care professionals understanding those differences is critical. Many Assisted Living California facilities are incorporating Cultural Sensitivity Training for their health care professionals. Lack of eye contact in American culture may indicate many things, most of which are negative. A physician or caregiver may interpret a patient's refusal to make eye contact as a lack of interest, embarrassment, or even depression. However, a Chinese patient may be showing the physician or healthcare worker respect by avoiding eye contact. A person can observe and interpret the body language of others to determine the silent message they are receiving or the one they are sending out to others. There are three common messages that occur in a broad range of situations and types of interactions and are particularly important in a healthcare environment when dealing with the elderly in an Assisted Living LA Facility. They are sincerity, familiarity and warmth.

Sincerity

Body language that conveys sincerity is much like that conveying honesty. It is characterized by steady eye contact, relaxed but poised body posture, and leaning toward or reaching out toward the other person or people. It is the type of message that most people deliver quite unconsciously and naturally, but other people may deliberately assume this kind of body language in an effort to influence another person. Typical examples might include a salesperson pitching a product or service, a child trying to convince a parent he or she really needs a certain toy, or even a close friend having a conversation that is particularly honest or difficult.

Familiarity

Body language that conveys familiarity has a strong influence on overall behavior. When someone displays relaxed, comfortable, and even casual body language, it lets the other person know they feel a strong degree of comfort and familiarity with him or her. Deliberate use of this kind of body language may help put a new acquaintance at ease in a group or communicate a higher level of affection for another person. In general, the more familiarity conveyed to others, or perceived in others, the more likely the communications will be open, honest and relaxed.

Warmth

Body language that conveys warmth is similar to that of familiarity, but does not necessarily signify intimacy with a person or situation. Relaxed posture, open body position, sitting or standing close together are common ways of showing warmth. Retailers sometimes make use of this kind of body language by having their employees mingle with customers rather than have them stand behind a counter. In Assisted Living LA environments, it could help put family members at ease in what might be a stressful situation for them.

Keeping Context and Environment in Mind

Any effort to convey a certain message from one's body language should always include an evaluation of the situation. As a general rule, the more formal or conservative the environment, the more restrained and cautious the messages could or should appear. Otherwise, the gestures may be considered out of place. Conflict or uncomfortable feelings can occur when two or more people have different perceptions of the context or environment of the situation. These kinds of different perceptions are a major cause of miscommunication, misinterpretation, and general misunderstanding of both conscious and unconscious body language.

113 Facts About Animal Cruelty



  1. Animals caught in traps can suffer for days before succumbing to exposure, shock, or attacks by predators.

  2. Traps often kill "non-target" animals, including dogs and endangered species.

  3. To cut costs, fur farmers pack animals into small cages, preventing them from taking more than a few steps back and forth.

  4. Crowding and confinement is especially distressing to minks- solitary animals who occupy up to 2,500 acres of wetland in the wild.

  5. The frustration of life in a cage leads minks to self-mutilate- biting their skin, tails, feet- or frantically pace and circle endlessly.

  6. "PETA investigators witnessed rampant cruelty to animals. Workers beat pigs with metal rods and jabbed pins into pigs' eyes and faces."

  7. Snakes and lizards are skinned alive because of the belief that live flaying makes leather more supple.

  8. Piglets are separated from their mothers when they are as young as 10 days old.

  9. Once her piglets are gone, the sow is impregnated again, and the cycle continues for three or four years before she is slaughtered.

  10. Approximately 3 to 4 million cats and dogs- many of them healthy, young, and adoptable- must be euthanized in animal shelters every year.

  11. Cows produce milk for the same reason that humans do- to nourish their young - but on dairy farms calves are taken away at 1 day old.

  12. 1 day old calves are fed milk replacements (including cattle blood) so that their mothers' milk can be sold to humans.

  13. Animals can suffer brain damage or death from heatstroke in just 15 minutes. Beating the heat is extra tough for dogs.

  14. Each year, approximately 10,000 bulls die in bullfights.

  15. Most cows are intensively confined, unable to fulfill their most basic desires, such as nursing their calves, even for a single day.

  16. Cows are fed unnatural, high-protein diets-which include dead chickens, pigs, and other animals.

  17. Overall, factory-farmed animals, including those on dairy farms, produce 1.65 billion tons of manure each year.

  18. Kid goats are boiled alive to make gloves.

  19. The skins of unborn calves and lambs - some aborted, others from slaughtered pregnant cows - are considered "luxurious."

  20. About 285 million hens are raised for eggs in the US. In tiny spaces so small they cannot move a wing.

  21. The wire mesh of the cages rubs off hens feathers, chafes their skin, and causes their feet to become crippled.

  22. Before 1986, only four states had felony animal cruelty laws.

  23. Glue traps cause terror and agony to any animals who touch them, leaving them to suffer for days.

  24. In one study, 70% of animal abusers also had records for other crimes.

  25. Sealers often hook baby seals in the eye, cheek, or mouth to avoid damaging their fur, then drag them across the ice to skin them.

  26. Arsenic-laced additives are mixed into the feed of about 70 percent of the chickens raised for food.

  27. Every year, nearly a million seals worldwide are subjected to painful and often lingering deaths, largely for the sake of fashion.

  28. Scientists estimate that 100 species go extinct every day! That's about one species every 15 minutes.

  29. Every year in the US, 50 million male piglets are castrated (usually without being given any painkillers).

  30. More than 15 million warm-blooded animals are used in research every year.

  31. The methods used in fur factory farms are designed to maximize profits, almost always at the expense of the animals.

  32. To test cosmetics, cleaners, and other products, hundreds of thousands of animals are poisoned, blinded, and killed every year.

  33. In extremely crowded conditions, piglets are prone to stress-related behavior such as cannibalism and tail-biting.

  34. Farmers often chop off piglets' tails and use pliers to break off the ends of their teeth- without giving them any painkillers.

  35. For identification purposes, farmers cut out chunks of young pigs ears.

  36. Animals on fur farms spend their entire lives confined to cramped, filthy wire cages.

  37. For fur, small animals may be crammed into boxes and poisoned with hot, unfiltered engine exhaust from a truck.

  38. Engine exhaust is not always lethal, and some animals wake up while they are being skinned.

  39. Larger animals have clamps attached to or rods forced into their mouth or anus so they can be painfully electrocuted.

  40. Bird poisons attack birds' nervous systems, causing them to suffer seizures, erratic flight, and tremors for hours before dying.

  41. If you drink milk, you're subsidizing the veal industry.

  42. Male calves are often taken away from their mothers at 1 day old, chained in tiny stalls for 3-18 weeks, and raised for veal.

  43. After they are taken from their mothers, piglets are confined to pens until they are separated to be raised for breeding or meat.

  44. Although chickens can live for more than a decade, hens raised for their eggs are exhausted and killed by age 2.

  45. More than 100 million "spent" hens are killed in slaughterhouses every year.

  46. Forty-five states currently have felony provisions for animal cruelty. (Those without are AK, ID, MS, ND and SD.)

  47. Dogs used for fighting are chained, taunted, and starved to trigger extreme survival instincts and encourage aggressiveness.

  48. Dogs that lose fights (or refuse) are often abandoned, tortured, set on fire, electrocuted, shot, drowned, or beaten to death.

  49. Cows on average product 16 lbs of milk per day. With hormones, antibiotics, and genetic manipulation? 54 lbs a day.

  50. Humane treatment is not a priority for those who poach and hunt animals to obtain their skin.

  51. Alligators on farms may be beaten with hammers and axes, sometimes remaining conscious and in pain for 2 hours after skinning.

  52. Investigation of animal abuse is often the first point of social services intervention for a family in trouble.

  53. A Canadian Police study found that 70 percent of people arrested for animal cruelty had past records of other violent crimes.

  54. Dog fighting and cock-fighting are illegal in all 50 states.

  55. Hoarding of animals exists in virtually every community. Well-intentioned people overwhelmed by animal overpopulation crisis.

  56. The consequences for hoarders, their human dependents, animals, and the community are extremely serious- and often fatal for animals.

  57. Declawing is a painful mutilation that involves 10 amputations - not just the nails - but the ends of toes (bone and all).

  58. The long-term effects of declawing include skin and bladder problems and the gradual weakening of cats' legs, shoulders, and back.

  59. Declawing is both painful and traumatic, and it has been outlawed in Germany and other parts of Europe as a form of cruelty.

  60. Kangaroos are slaughtered by the millions every year; their skins are considered prime material for soccer shoes.

  61. Across the US, 6 to 8 million stray and abandoned animals enter animal shelters every year, and about half must be euthanized.

  62. In California, America's top milk-producing state, manure from dairy farms has poisoned hundreds of square miles of groundwater.

  63. Each of the more than 1 million cows on the state's dairy farms excrete 18 gallons of manure daily.

  64. Every year, the global leather industry slaughters more than a billion animals and tans their skins and hides.

  65. Elephants who perform in circuses are often kept in chains for as long as 23 hours a day from the time they are babies.

  66. Every year, millions of animals are killed for the clothing industry.

  67. An immeasurable amount of suffering goes into every fur-trimmed jacket, leather belt, and wool sweater.

  68. Neglect and abandonment are the most common forms of companion animal abuse in the United States.

  69. On any given day in the U.S., there are more than 65 million pigs on factory farms, and 112 million are killed for food each year.

  70. Every year, dogs suffer and die when left in a parked car- even for "just a minute" - parked cars are deathtraps for dogs.

  71. Dog owners: On a 78 degree F day, the temperature in a shaded car is 90簞F, in the sun it can climb to 160簞F in minutes.

  72. 98% of Americans consider pets to be companions or members of the family.

  73. For medical experimentation animals can be burned, shocked, poisoned, isolated, starved, addicted to drugs, and brain-damaged.

  74. Regardless of how trivial or painful animal experiments may be, none are prohibited by law.

  75. When valid non-animal research methods are available, no law requires experimenters to use such methods instead of animals.

  76. On average it takes 1,000 dogs to maintain a mid-sized racetrack operation. There are over 30 tracks in the United States.

  77. Female cows are artificially inseminated shortly after their first birthdays. Happy birthday!

  78. Birds don't belong in cages. Bored, lonely, denied the opportunity to fly, deprived of companionship...

  79. Many birds become neurotic in cages - pulling out feathers, bobbing their heads incessantly, and repeatedly pecking.

  80. According to industry reports, more than 1 million pigs die en route to slaughter each year.

  81. More than 100 million animals every year suffer and die in cruel chemical, drug, food and cosmetic tests, biology lessons, etc.

  82. Approximately 9 billion chickens are raised and killed for meat each year in the U.S.

  83. The industry refers to chickens as "broilers" and raises them in huge, ammonia-filled, windowless sheds with artificial lighting.

  84. Some chickens spend their entire lives standing on concrete floors.

  85. Some chickens are confined to massive, crowded lots, where they are forced to live amid their own waste.

  86. Neglect/Abandonment is the most prevalent form of animal abuse (approximately 36% of all animal abuse cases.)

  87. Cows are treated like milk-producing machines and are genetically manipulated and pumped full of antibiotics and hormones.

  88. Foie gras is made from the grotesquely enlarged livers of ducks and geese who have been cruelly force-fed.

  89. The best way to save cows from the misery of factory farms is to stop buying milk and other dairy products. Discover soy!

  90. A typical slaughterhouse kills about 1,000 hogs per hour.

  91. The sheer number of animals killed makes it impossible for pigs' deaths to be humane and painless.

  92. Because of improper stunning, many hogs are alive when they reach the scalding hot water baths.

  93. 13% of intentional animal abuse cases involve domestic violence.

  94. Animal cruelty problems are people problems. When animals are abused, people are at risk.

  95. Instead of improving conditions for animals, the dairy industry is exploring the use of genetically manipulated cattle.

  96. More than half the fur in the US comes from China, where millions of dogs and cats are bludgeoned, hanged, and bled to death.

  97. Millions of pounds of antibiotics are fed to chickens, who metabolize only about 20 percent of the drugs fed to them.

  98. The 3 trillion pounds of waste produced by factory-farmed animals every year is usually used to fertilize crops.

  99. Chaining dogs, while unfortunately legal in most areas, is one of the cruelest punishments imaginable for social animals.

  100. Tens of thousands of horses from the United States are slaughtered every year to be used for horsemeat in Europe and Asia.

  101. Since the last horse slaughter plants in the US were closed in 2007, thousands of horses have been shipped to Canada/Mexico.

  102. Abusers kill, harm, or threaten children's pets to coerce them into sexual abuse or to force them to remain silent about abuse.

  103. There are no federal laws to regulate the voltage or use of electric prods on pigs.

  104. Forty-one of the 45 state felony animal cruelty laws were enacted in the last two decades.

  105. In the United States, 1.13 million animals were used in experiments in 2009, plus an estimated 100 million mice and rats.

  106. As a result of disease, pesticides, and climate changes, the honeybee population has been nearly decimated.

  107. Many studies have found a link between cruelty to animals and other forms of interpersonal violence.

  108. Cows have a natural lifespan of about 20 years and can produce milk for eight or nine years.

  109. A fur coat is pretty cool- for an animal to wear.

  110. Eighteen red foxes are killed to make one fox-fur coat, 55 minks to make a mink coat.

  111. Fur farmers use the cheapest and cruelest killing methods available: suffocation, electrocution, gassing, and poisoning.

  112. In addition to diarrhea, pneumonia, and lameness, calves raised for veal are terrified and desperate for their mothers.

  113. During Canada's annual commercial seal slaughter, as many as 300,000 seals are shot or bludgeoned.

Coach Crash Accidents - Claim Compensation


As part of your package holiday it is likely that you will have a transfer from the airport to your holiday accommodation. This transfer will probably be by way of a coach. Picture the scene, you have just arrived at your holiday destination and you walk outside the airport building to be presented with row after row of coaches, one of which is going to drive you to the hotel. For most holidaymakers this part of the holiday passes without incident. However, for some people the journey ends in tragedy.

As Tourism continues to grow and spreads to all areas of the world, coach crashes are becoming more frequent and deadly. As the demand for coach drivers increases many coach crashes have been attributed to drivers that are unlicensed or have had little or no training on how to drive a coach or bus. Required to work long hours without a break, some drivers in Asian countries have reportedly used drugs to ensure they keep awake whilst driving.

This problem has recently been highlighted following a number of high profile coach crashes in Malaysia. In December 2010, twenty-six holidaymakers died when the tourist coach that they were travelling on crashed and overturned. The coach was driving towards Kuala Lumpur when it span out of control and collided with a road barrier causing the coach to flip and overturn. Local police stated that the accident was caused by speeding or a possible failure of the coach's brakes. In another accident, a coach careered through a road barrier in Southern Malaysia, slamming into other vehicles on the road causing the deaths of 12 people and injuries to another 35. The road system in Malaysia is very good with a set speed limit of 70 mph; however reckless driving and speeding are quite common which often leads to accidents.

Coach crashes also commonly occur in European holiday destinations. British holidaymakers were caught up in a serious coach accident in Turkey recently. Barely 48 hours after setting off on their holiday 11 of the British Holidaymakers group had returned home following their ordeal after deciding to cut short their holidays. The crash involved an Airtours bus, a car and a further coach. Three British tourists were taken to hospital, two of them having suffered serious head trauma and one being put into intensive care. Five Turkish people were known to have died as a result of the accident. The crash is the latest in a line of serious coach accidents involving British holidaymakers in the past seven years and illustrates the dangers of travelling by coach in a foreign country.

If you have suffered injuries sustained in a coach crash whilst on holiday then you may be entitled to claim compensation for your coach accident. A lady from Coventry was recently successful in obtaining 瞿90,000 compensation for the serious injuries she suffered after a holiday coach crash accident in Malaysia. If you have been involved in a coach crash accident then contact a specialist holiday accident claims solicitor who may be able to assist you in claiming accident compensation on a 'no win, no fee' basis.

Thursday, December 19, 2013

Assisted Living Homes - 3 Aspects to Consider


Assisted living homes are places where elderly persons live and are provided for their various needs such as food, medical care and even social support. These are places that are not completely nursing homes and not completely independent living homes-they are somewhere in between. They are meant for people who are not able to live completely alone, but still don't want their privacy to be completely encroached upon. They get their living needs met from these homes, but they aren't totally restricted in what they can do and what they cannot do.

When you are looking for a home of assisted living for someone in your family, it is very important that you look for a place where your loved one will live peacefully. You don't want the stress of having enrolled your dear family member in substandard accommodation. Hence, you need to be discerning about the kind of place you select. The following are the three important things that you should take into consideration.

The Living Facilities

Since your family member is going to be living there for a long time, probably forever, it is very important that you see what kind of living facilities there are. Check how their rooms are, how they are furnished, etc. Check what amenities they will get.

It is not just about the physical features though. You must also check what kind of social life they will get there. It is ideal if there are a lot of other people in the place and if the facility often has events planned for their residents. This is a way in which the residents can keep themselves entertained and pass some happy times.

The Care

Though people in assisted living homes don't need constant care, they do need some amount of care and attention. This can include occasional medical care as well. Check how many attendants there are in the facility. Check if there are nurses and other care professionals. Check who will be responsible for the needs of the residents in the home and meet with them. You must ask them what kind of care will actually be provided to your senior family member.

If there are special needs to be met, you must make that clear at the onset. This includes special medical needs, such as regular medicinal routines. You should be certain that such kind of care will be extended to them on a timely basis and without fail.

The Costs

When you are looking for accommodation for your loved family member, the costs take second place, but even then you should be aware of what you will have to spend. If you are looking for only basic accommodation and needs, then you should look at a monthly bill of less than $2,000. However, if there are special needs to be meant, then the costs could be higher.

You could look at some options here. Some assisted living homes provide package deals of continuing care homes. These homes keep the person in a home of assisted living in the beginning and then shift them to a nursing home when they are no longer able to manage their needs. Such deals are expensive, but when you consider the long-term nature of such deals, they become good value for money.

The Most Important Characteristics Of Modern Day Nursing Homes


We all know the institution. It is called a nursing home but it also has other names also. Sometime, different people or sources may refer to it as a skilled nursing facility or SNF. Also, you might also have heard about the term skilled nursing unit, or SNU. However, all of the above 3 terms actually mean the same thing.

But what are the nursing homes and what is their main function? A nursing home's most important role is as a rest home, a place where its residents can rest, be taken care of and lead a normal and peaceful life. Usually, the residents of nursing homes are the ones that require constant attention and care. For this reason, most of the people present in the nursing homes are either people with disabilities or certain deficiencies, and they can be both young and elderly. However, an age limit does apply, because only adults 18 years old or above can reside in nursing homes.

The nursing homes - especially the most modern of them - are designed with stairways, bathrooms, elevators, dining rooms, hairdressers, nursing facilities, and so on. There are different shapes and sizes of everything in order to accommodate all inhabitants. The most important purpose is looking after the inhabitants 24 hours / day.

Nowadays, there are many modern residences that are very welcoming, warm and provide with the best treatment from highly qualified staff. And the truth is that most nursing homes today are equipped with adequate facilities for the convenience of the residents. Same applies for the staff, and workers must be qualified and possess human qualities which enable them to treat the people present in these institutions.

Now speaking a little bit more about the features of modern nursing homes, you should know that the average institution has large single and double rooms, having an average surface of about 15 square meters, all very bright and furnished. The residents have big lockers for their objects, and all the rooms are usually fully equipped with geriatric showers.

There are also halls so that the residents can be comfortable according to the activity performed as they want to read, watch TV, receive visitors or be talking with other people.

General services include: permanent medical assistance, service nursing and health care, gymnastics and rehabilitation, occupational therapy, service barber, podiatry service, religious services, laundry and meals.

Facilities usually include: elevators, fully equipped bathrooms, television, kitchens, etc. The modern trend is to make these institutions resemble a real residence, and the patients have the choice of waking up when they desire to do so. They can also have pets, and many other facilities. In the end, the high quality nursing homes offer a better life for people who live in them.

4 Cases of Compensation Law Claims You Wouldn't Believe Were Successful


Claiming government-funded workers compensation for an injury whilst having sex in a motel?

Claiming negligence after slipping on a chip in the supermarket?

Workers compensation for a flight attendant in a motorcycle injury on a day off?

Suing Google for negative associations with you in their search engine?

These are just a sampler of the colorful compensation claims that have turned law precedence on its head in 2012, offering a goldmine of news opportunity for the Australian media.

The potential precedents set as a result of recent compensation claims include:

Workers Compensation on your Day Off

On the surface it may sound ridiculous but the case has strong merits. It specifically involved the plaintiff making a motor vehicle injury claim as a result of driving to get his Visa - which he was required to organise for his employment. The court president ruled that '[The workman was doing something that he was] reasonably required, expected or authorised to do in order to carry out his work duties'.

Defamation Claims for Negative Search Engine Name Associations

The plaintiff in this scenario had been a victim of having his name associated with organised crime after being an innocent shooting victim in a 2004 incident. After Google ignored his request to remove the links, a jury ruled against Google in favor of the plaintiff. This case may open a potential stream of defamation claims against search engines, a concept that U.K courts have already foreseen by legally stating that search engines are machines, not publishers, eliminating the responsibility of name associations from its search listings.

Having Sex Included as a 'Ordinary Incident of an Overnight Work Trip'

In June, a woman received ComCare compensation for facial injuries as a result of a light fixture coming out of the wall during sexual activity. As a result sex is now considered as a 'lawful recreational activity' of overnight work trips. The defence argued that while it was a regular activity, it was not necessary. The judge stated that if she had been playing cards and been injured, she would have been entitled to compensation, regardless of her employers encouragement to engage in the activity.

Disregarding the Amount of Time a Physical Hazard has been Present

After years of legal battling, a woman has finally received compensation from shopping giant Woolworths after her crutches slipped out from under her as a result of contact with a greasy chip stain in a shopping aisle. As a result, the court will now need to take into consideration all facts of a 'slip and fall' injury claim, not just establishing how long a hazardous substance has been on the ground.

Lack of Regulations Causes Increase in Bounce House Injuries


Families gathering on a sunny, cloudless day for a youth soccer tournament in Oceanside, N.Y., soon found their fun-filled outing becoming an unbelievable nightmare as gusts of wind sent three giant, inflatable bounce houses careening across the field, lifting their occupants and colliding with participants and bystanders. The accident resulted in multiple injuries, sending 13 children and adults to the hospital for treatment, including one mother who was critically injured when an inflatable crash-landed on her.

The inflatable amusements were set up for the event to provide entertainment to young people who attended. Like other bounce house accidents, what began as an innocent fun turned into serious danger when the houses unexpectedly became airborne. As the inflatables began to lift off the ground and scud across the field, tossing and tumbling the children trapped inside, parents, coaches and other onlookers attempted to grab and hold the giant structures, only to find themselves knocked flat. Others attempted to "pop" the houses with pocketknives in an attempt to deflate them.

Mike Perniches, one of the fathers at the event, told the Associated Press, "I never thought there would be any serious issues, any concerns with safety - but now, I'm like, forget it."

Although they may appear "lighter than air," bounce houses are actually heavy structures that can cause considerable injury when not properly installed and supervised.

Unfortunately, injuries are not uncommon: In April in just over a week, nine children were injured when two inflatable slides collapsed in events in California; in 2010, a Pennsylvania man died after he was pinned by a collapsing slide; and in that same year, a five-year-old boy died when he fell from an inflatable, landing on a concrete floor.

A 2005 report from the Consumer Product Safety Commission examined accident rates involving inflatables and found there were 4,900 bounce house injury cases in 2004, a significant rise compared to accident data from 1997 which linked the structures with 1,300 injuries.

The increase in bounce house accidents is likely due to two primary factors: an increase in the popularity of the portable play areas and an alarmingly spotty record of industry-wide safety regulations and bounce house operating instructions. As a result, many injuries occur due to lack of proper installation and management. Often, bounce house companies and renters allow structures to be overseen by individuals who have not received proper training. The installer may also have very little, if any, guidance in proper anchoring.

Individuals who are injured by inflatables can have serious injuries and incur considerable costs; even minor injuries can end up requiring thousands of dollars in care. Hiring a lawyer with significant experience in handling bounce house liability cases is the first step in ensuring adequate compensation. In addition to renter liability, a qualified attorney can determine the existence of both operator liability and supervisor liability, helping make sure those injured receive payment for their ordeals. The attorneys of Baird Law Group have the experience needed to ensure victims' rights are fully protected. Learn more about bounce house injuries and the rights of those injured at http://www.bouncehouseinjuries.com.

Certified Nursing Assistant (CNA) - Good Income, Great Job Satisfaction


The course to become a certified nursing assistant requires some classroom as well as hands-on training. The candidates undergo intense study of skills and knowledge to become a certified nursing assistant. The students are made aware of the job requisites and familiar with terminology and treatment to help the patient. The practical training is provided to train students in real life situations which they will have to face during the real job. Students, during there courses are taken to the field to experience the things under expert supervision. They are also given exposure to treat patients with mental and physical abnormalities. They are thus made familiar with tough situations so that they can deal professionally manner.

The training include classroom sessions, video instructions, lectures by experts and professionals from industry, audio/video instruction manuals and live demonstration by other / senior CAN's. There are some institutes which offer online classroom facility to better adjust with students' time constraints.

Job Opportunities for Nursing Assistants, Personal Attendant, Respite Worker

There are several options for the certified Nursing Assistants, Personal Attendant and Respite Workers. They are always in demand at some healthcare centers like:
- Retirement Homes
- Nursing Homes
- Group Homes
- Hospice Centers
- Day Care Centers
- Health Care Agencies
- Private Homes
- Hospitals
- Old age homes
- Rehabilitation centers
- No-profit Organizations

Students are provided hands-on training and practical exposure during their education so that they can easily be placed to paid positions immediately after their training. These training institutes are contacted by many employers for their requirements of CNAs, which in turn send their students for these positions.

What a Certified Nursing Attendants (CNA) does:

A trained Certified Nursing Attendant, Personal Attendant or Respite worker is equipped with skills and experience both to bring positive impact on lives of those who need to use their services. Here are some important services that a qualified PSW take cares of -

Personal Care - the worker will provide basic care of elderly residents or patients during rehabilitation period.

Restorative Care - these workers will provide palliative care service for the dying hospitals, physical health

Care Duties - the workers may also be required to keep medical records of their patients updated, procedures.

There is a steep rise in nursing homes and long-term care facilities in all the developed countries like US, UK, Canada, Australia, etc. and so is rising the demand of Personal Support Workers. This is going to be great job prospects for certified PSWs in the field of Nursing Assistant, Health Care Aid, Home Support Worker, Personal Attended or Respite Worker.

Different Types of Elderly Health Care


Elderly health care helps many people in their old age manage their health and stay as active as possible in their advancing years. The term covers several different types of care arrangements, meaning that there are a variety of options for the elderly and those supporting them to choose from, depending on their individual needs.

Home Care

Home care services aim to make it possible for the elderly to stay in their own homes when their health or mobility deteriorates. Rather than move to a residential or long-term care home, home care providers render care and elderly support services in the client's own home. Depending on the individual this can be either professional health care services (therapy, medication, etc), life assistance services (assistance with daily activities) or a combination of both.

Assisted Living

This form of residential care is a middle ground between home care nursing and long-term care. Although it covers a broad range of arrangements, it describes when clients in need of more in-depth support but don't need the 24 hour medical care support of a client take up residence in an apartment or house in a property managed by a care provider. Basic nursing staff may be available at all hours in some facilities, yet for the most part assisted living providers are on hand to help with day-to-day living activities. Staff regularly help with chores such as changing sheets or washing laundry. Utilities bills are included in the arrangement and in many cases, residents have the option of having meals cooked for them or for staff to bring their groceries to them.

Long term residential care/Nursing homes

For those who need constant medical attention as well as assistance with daily activities, home care nursing homes represent a viable option for maintaining the best quality of life even as health deteriorates. Constant nursing care is on hand to provide treatment for conditions whilst non-medical staff are trained extensively in helping those unable to independently carry out many activities of daily living. Often these facilities have extensive support systems in place, such as 24 hour medical monitoring and occupational, physical and rehabilitative therapies.

Wednesday, December 18, 2013

Those People Have Nothing But a House


Success is about So Much more than a Well Decorated Structure

The quote referenced above, "Bruce, those people have nothing but a house" was among the embarrassing comments a family made to me after I sent them to meet operators of an assisted living program in SE Michigan. My office supplied the family with a list of items we recommend shoppers of assisted living services pay attention to along with questions to ask the program operators. This family followed our outline.

Unfortunately this family did not receive the answers they were looking for. Instead they labeled the owners as care oblivious, overly money focused and ill-equipped to manage the care of an elderly person. One home administrator asked the family: "how much can you afford?" instead of providing a fee chart. Thankfully we gave them three, (3) programs to visit and one, (1) was selected to serve our client.

The entire experience reminded me of the sad state of affairs in which the adult foster care community finds itself in the State of Michigan and why a total overhaul is necessary to create lasting, comprehensive initiatives which can serve the aged and catastrophically injured in credible, clinically adept, community based settings on into the next generation. To do so we must get beyond the confidence associated with the "we have a nice house" mentality.

How did we arrive in such a shameful and ineffective place? Adult foster care goes back a long ways. My late Uncle Larry Hughes lived in a state financed facility as far back as the 1950's when he was unable to readjust to society after his return from the Korean conflict. I recall my mom stating how much she hated the place and eventually my late Aunt Ruth took him in with her for the next several decades. Uncle Larry died in 2002; my Aunt Ruth in 2007.

During this same period a boon occurred with tons of people licensing homes to serve the mentally ill with state and federal dollars. Licensing standards with no real emphasis on clinical preparedness continue to be a contributor to a lackluster system.

Eventually in an effort to promote choice and a better system of monitoring services, the Managed Care Provider Network came along with a fee for service model whose clinical aptitude remains questionable in the minds of many today. The eventuality was over capacity, budget stretches, provider disgust, adult foster care homes being developed in a conglomerate mode by profit-seekers without realistic and comprehensive programmatic goals and worse.

Today, several years later there appears to be no clear sign of significant change on the horizon although some close to Michigan Governor Rick Snyder cite his desire to see change in how services are delivered to the mentally ill and developmentally delayed. If the buzz holds true, changes will include more oversight over county management of mental health dollars.

I feel the need to be clear. It takes money to manage a residential program which serves delicate, often aggressive and seriously behavioral populations. Operators deserve to be paid.

However, I also believe there are too many in the business who are not 'quality of life' focused. This includes those who formerly housed a young catastrophically injured man whose care I have influenced. He phoned me not long ago to tell me he is not being fed enough. Can you imagine receiving $400.00 per day to care for someone and a request for an extra sandwich is treated like a burden?

Add to the list those who in my opinion would prefer to be well meaning people but whose sole focus appears to be on the quality of their furniture, how many televisions their home has or maybe how clean they manage to keep it. When I inquire about the sophistication of their recreational therapy program, activities program, physical rehabilitation initiatives, nutritional approaches and more I get a blank stare. To some these are secondary concerns, after all, they have a nice house; right? What a tragic approach to care delivery!

To really succeed in assisted living, especially with so much attention being placed on poor quality (and I have every intention of increasing the pressure) we must give attention to much more than how nice the home is. We need to be focused on the clinical, spiritual, psychological and emotional concerns of every person placed there.

A new class of assisted living pragmatists takes a highly person-centered approach centering around four, (4) key principles I developed called the G.A.I.N. Initiative:

1. Gather as much information as possible on family background
(This only works for the unselfish operator since you have to take a personal interest)

2. Assist in adjusting to less independent lifestyle
(This only works for the 'people focused' since we care about the resident's ability to adjust and their daily comfort level in the new assisted living environment; not just how soon we can generate an invoice)

3. Invest into re-creation of previous environment with a focus on comfort and peace of mind
(This requires a spiritual approach on the part of owners. In order to re-create portions of a person's previous living environment you have to care enough to learn about it)

4. Never stop the effort to heighten customized approach to care
(This is a customization issue; looking, listening, learning daily about the new resident's idiosyncrasies and teaching your staff the value of doing the same. You cannot serve me until you know me!)

I teach these principles in our sister company's Critical Skill Class and no trade association, no industry group is doing the same; a key ingredient in taking assisted living to the next level.

Sadly, as long as I hear of homes which tell residents, "no you can never live independently", - regardless of the legitimacy of the resident's preparedness to move on to different circumstances - solely so the home can minimize loss revenue, we have not arrived. All that is being promoted is "resident discouragement". Is this what you are in business to accomplish? You deserve to be paid, but not at the expense of real person-centeredness.

Now add the other home which opens a resident's mail and keeps income for itself even if it does not belong to them. For them it's live now and "worry about the consequences later." Yes the adult foster care community is loaded with thieves, the angry and unprepared.

I am not alone. The no-fault insurance community has also grown tired of the chicanery and is demonstrating it through a surge of new lawsuits. Yes some re-creation must involve litigation!

Real soul searching and an open mind can lead you to determining if you belong in any aspect of care delivery. These attributes can also help you to determine if your arrival in care is solely based upon the simplicity associated with getting into the business, even though you have no real commitment to the individuality of those you may be called upon to serve. Laundromats, party stores and car washes also make money.

Think about it. For some there may be only one solution: Get out now! Let those of us who are committed to quality of life persevere on into the next generation.

Thanks for allowing us to share.

Certified Caregiver


If going to nursing school or getting a bachelor's degree is just not in your future, but you still have an urge to take care of others, consider becoming a caregiver. A caregiver is someone who helps an elderly or disabled individual with daily activities within the comfort of that person's home. Making the decision to become a caregiver should not be taken lightly. Doing this job requires quite a personal sacrifice, in terms of time and state of mind, but it also gives you a different view of life and personal struggle.

You do not have to be licensed to become a caregiver, but it will give you better job options and pay to go through a certification process. To be a non-certified caregiver, you simply need a high school diploma, the ability to pass a background check and some simple medical tests for drugs and fitness. Anyone with these prerequisites who is willing to take care of another person can be trained as a caregiver. Many people go this route when a loved one needs care. However, there are less well paying jobs available for non-certified caregivers.

Every state has a different procedure for becoming a certified caregiver, but the basic path is a training and certification process and the passing of a state test. The cost of these programs vary from $200-$600, and can take up to 6 weeks to complete. There are also online courses available for those who don't have a local organization in their area. Upon passing the state test, you will receive a license that says you are a certified caregiver, which means you can work in other's homes, but also in assisted living communities or agencies that provide home care.

There are many different places to work as a caregiver. The most common is in someone's home. The person requiring care or their relatives can hire you directly. Or a home care agency can hire you. Often, a home care agency will not only hire you, they will provide training and supervision as well. This is also true of adult family homes, boarding homes and nursing homes, which are constantly in need of caregivers. A person who has Medicaid will have a caregiver provided by the state. These caregivers that contract with the state are called Individual Providers, or IP's. They follow a strict care plan that details their hours and what they are authorized to do, and they are paid directly by the state.

Although life as a caregiver can be incredibly rewarding, it is a trying profession, with limited monetary reward. To be a caregiver you have to love what you do and feel that you are making a difference. Many caregivers, especially those that fell into the profession due to a family member's needs, often experience high stress levels, and become depressed or withdrawn. The toll of taking care of another person all the time starts to show its effects and you begin to feel as though you never really have any time off. Receiving proper training and following a detailed schedule can help with this, but mostly it's your state of mind. Do you have the mental fortitude to become a caregiver?