Nursing Home Admission Scenario Number Two

The first scenario involved admission to a nursing home because of an unexpected medical condition that made such an admission a necessity. [This seems a bit repetitive; this may not be necessary.] Our next scenario is a planned admission. This is the hard part.

You may have noticed some subtle changes in your loved one's behavior, nothing too bizarre or dangerous, but changes that cannot be ignored. For example, there may be evidence of some minor forgetfulness, perhaps personal hygiene has diminished, hair is not washed, there's body odor, fingernails are uncut, never polished, or just dirty.

Maybe your loved one is showing signs of short temper or aggression, striking out at you or others. You may have noticed visible weight loss or bruises on his or her arms and legs. A neighbor may have called you at work to inform you about finding your loved one roaming the streets.

Until recently, your loved one may have been an immaculate housekeeper or always well dressed. His or her mail may now be piling up unopened, or there may be an unusual number of packages arriving from QVC. His or her checkbook may have far too many checks written to unknown agencies or lotteries from overseas. His or her car, formerly in good condition, may have unexplained dings and dents or the police department may have taken his or her driver's license. By now, perhaps you have your own additions to scenario number two.

So, what do you do? First, I suggest that you keep a journal as these things begin to happen. Make sure to record the date and time of each event. At some point, your level of comfort with your loved one being alone or with your ability to provide care will reach its limit. Because you've recorded the events in detail your physician or other caregiver will be in a better position to make an appropriate recommendation for the benefit of your loved one. Some of the options may be adult day care, home health care, or a companion.

You may have wonderful memories of your loved one being healthy, vibrant, active, and engaging, but that is not what you are seeing and experiencing now. You are determined to do anything necessary to avoid nursing home placement and to provide the care required, but there is a danger in that.

The danger is that many times the caregiver's health and financial resources fail. In some cases, the excessive energy required to care for a loved one results in the premature death of the caregiver or divorce of the adult child (usually the daughter) taking care of an ill, aging parent. You must not sacrifice your health, your family, or your financial resources to care for a loved one.

Two of your goals should be to protect your loved one from self-neglect and to improve his or her quality of life. That's why we are going to learn how to find a great nursing home.

The Truth and Benefits of Senior Housing

If you have an elderly relative living with you, it is but natural to want to give them the best in every sense. You want to make them comfortable and ensure they are healthy and happy. This is unfortunately, not a practicality of life. We are not always able to give the kind of time and attention that the elderly require. Additionally, the health of the senior member may also be delicate, and you may not be equipped to cater to their needs on your own.

Most homes today are not friendly enough for senior citizens. Major modifications and additions are required to enable the surroundings to be convenient and accessible to them. In light of these constraints, senior housing has become a more viable option today.

Senior housing enables members to live a comfortable, secure life with dignity. Most people save some money, or set aside a portion of their savings to be able to care for themselves in the later years without being dependent on their family. This comes handy when they need to relocate to senior housing facilities.

Senior housing takes into consideration all the specific needs, requirements and constraints related to living seniors. The houses are all at one level and need no climbing. They are safe places with no breakables around them, and even have the provision of allowing free movement in wheelchairs. The beds are designed such that getting into and out of them is easy, and the flooring and bathrooms are also specially tailored to suit the needs of seniors.

More than the houses themselves are the services. There is experienced medical assistance at hand all the time. Recreational and rehabilitating services are also available routinely. The elderly are in the company of others in a similar phase of life, and enjoy the company of peers for large parts of the day. There is less likelihood of boredom or loneliness creeping in. Most importantly, senior housing enables people to feel more independent and gives them a sense of worth and keeps their self esteem intact.

Senior housing allows residents to be as active as they want to, or need to be. There is a separate dining area where residents can meet for meals. Meals can also be reached to homes where residents are unable or unwilling to get out. There are small shopping areas within the housing facility where provisions and small necessities may be bought. This allows some walking and physical activity for the seniors. There are usually some cultural, social and recreational events which are organised regularly to keep them entertained and stimulated. There are usually some open spaces and gardens which are refreshing, and make good meeting places in the evening.

The life that we make for ourselves is how we are remembered. The elder years are often very difficult, especially if you are single and have spent several years married to your spouse. Senior living is a chance at being yourself in the company of other people who are in a place quite similar to yours. Being happy rests in your hands.

Role of Drug Testing in Preventing Illegal Drug Abuse

One of the formidable problems today that is being confronted by all the societies across countries is the rising incidences of drug abuse. This problem is increasing in gigantic proportions that the policy makers are finding it hard to root out the problem. Unless preventive measures are taken, the problem would engulf the whole community.

Need for strict regulations:
In view of this growing problem, there is absolutely a need for norms regarding drug testing. Illegal drug abuse will lead to decreased productivity of workforce, poor academic scores of students, road accidents, etc.

It is for this reason that drug testing should be made mandatory at every place. Thus, students, employees, drivers, armed forces, everybody should be brought under the ambit of this regulation entailing compulsory drug testing including regular and random screening on potential and suspicious abusers.

Above all, individual parents should take the responsibility to urge their teens to undergo at-home-drug testing. For employers, to rule out joining of drug abusing candidates, mandatory drug screening could be done. Likewise, schools and colleges should emphasize testing especially on the teenagers and those in their late teen years.

Few effective prevention programs to establish a drug free society:
As the incidence of drug abuse spreads among all active sections of population, certain measures would help us all to create a drug free society.

•Home drug testing: Parents should be on the lookout for any change in the behavior of their teen kids. If suspected, parents can get their kids tested for drugs. For this, ready-to-use test kits are available. Economical, easy to use, test kits are useful in testing for drugs without the need of having to go to hospital or nursing home for professional help.

This lets parents know the substances their kids are abusing. Parents have to follow the immediate course of action after consulting an expert physician. If the kid is in the initial stage of developing dependence on illegal drugs, home drug testing is an effective way to prevent it from worsening.

•Drug testing at schools: Many a time, school going kids get addicted to substance abuse because of easy access to drugs. School authorities should adopt norms involving drug testing with regard to evaluating a student. In this, they should include both random screening as well as routine screening. Such measures would create sense of responsibility and awareness among school children and would stop them from being addicted to drugs. Keeping children away from drugs would help them perform better academically; it would also pave way to good health.

•On-road drug testing: Drugged driving is one of the significant causes of road accidents. Usage of any intoxicating substance while driving is dangerous because the parts of the brain that are responsible for creating quick reaction to new situations, coordination of organs like hands, legs, etc., and making judgment are badly affected. Thus, drugged driving results in fatal accidents.

Thus, in the context of high incidence of accidents, testing on roads and taking stern measures against the abuser as per the law, would go a long way in preventing drugged driving.

Use reliable test kits:
So as to combat the drug abuse, testing becomes imperative. One can undergo testing for drug abuse at a hospital. Alternatively, one can also undergo testing without seeing a medical professional with the help of drug testing kits.

These drug kits use different samples like saliva, urine and hair to detect the drug abused by the individuals. These kits are reliable, economical and simple to use. They give fast and accurate results. Kits that conform to SAMHSA cut-off levels and are approved by FDA are more reliable. These test kits can be used in schools, workplaces, homes, etc., for random and routine drug testing.

In addition, these kits are also available in the form of multi-panel test kits, for testing more than one drug, i.e., up to ten drugs. These multi-panel test kits cut down substantially, the time and the cost of testing.

As illegal drug abuse affects the society by affecting the people of all ages, both physically and psychologically, it becomes important to prevent the spread of abuse among more people. This is possible by implementing stringent laws and regulations on preventing drug abuse, by making drug testing mandatory at different levels and by creating awareness of the deadly effects of drug abuse among parents, teens, employers, etc.

How to Prove a Car Accident Liability Case

Who is liable after a car accident?

Car accidents can happen for many reasons.  The basic elements of a car or truck accident are similar to any negligence claim.  To prove somebody acted in a negligent manner causing recoverable damages (such as in an automobile accident), you must prove:

A Duty

Breach of the duty (negligence)

Causation between the duty and

Damages resulting from the breach of the duty.

 To prove that somebody was negligent (breach of a duty), it must be shown that the defendant failed use ordinary care - that which a reasonable person of ordinary prudence would have done under the same or similar circumstances.  We are all under a duty to use "ordinary care" in operating an automobile or truck.  In a personal injury claim involving a car or truck accident, negligence is generally what causes most accidents.  Some types of negligent behavior which can cause a car accident and personal injury include:

Failure to keep a proper lookout

Failure  to control their speed such as speeding or driving too slowly.

Following too closely behind another driver

Failing to yield right-of-way

Going through a red light or failing to stop at a stop sign

Failure to control the vehicle

Failure to use the brakes in the car

Failing to use the horn

Failing to use a turn signal correctly

Driving in an impaired state such as under the influence of alcohol or drugs

Driving on the wrong side of the road

This is not an exhaustive list as there can be many other ways that the car or truck driver can act negligently and cause injuries.  Furthermore, in many car accident cases, the negligent driver has failed to use ordinary care in multiple ways.

To prove that the negligent actions of the other car or truck driver is liable, you must show that they were the "proximate cause" of your injuries.  " Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.  In a car accident case, proximate cause is rarely an issue in a car or truck accident case.

Once negligence (duty, breach of the duty) and causation are established, it is necessary to evaluate the damages that can be recovered by somebody injured in an automobile accident.  The most common types of damages sought and recoverable in a car accident personal injury case in Texas are:

Past and future physical pain and mental anguish  

Past and future disfigurement

Past and future physical impairment

Loss of consortium

Loss of household services

Loss of past wages

Loss of future earning capacity

Past medical expenses

Future medical expenses

Punitive (Exemplary) damages in certain cases

Car wrecks can be the result of driver inattention, excessive speed, distractions and impairment.  Car accidents that are the result of driver impairment are quite common.  The impairment can be caused by many factors including drug and alcohol abuse.

In some cases, a claim for personal injuries from a car accident may also be brought against individuals other than the negligent driver.  If the driver was working for a company or individual, then the employer may be responsible for the driver's negligence and the resulting damages.  Furthermore, even if not working, the owner of the vehicle may be liable for the negligence of the driver.  This is known as liability for negligent entrustment.  Under this cause of action, an owner of a vehicle that allows another to operate it can be held liable for his or her negligent driving.  The owner - whether friend, acquaintance, parent, brother, sister, spouse or other relative - may be liable if they negligently entrusted the vehicle to somebody they knew, or should have know, to be a reckless, incompetent or unlicensed driver.

False Imprisonment Claims

The world of torts is designed to protect a person from injuries to the self and to the property. These claims vary and involve a variety of different forms of liability but they all involve civil protection to the person and property.

Some of the protections offered to a person can apply in both the civil and criminal realms. One of the claims that has some sort of mirror in the criminal world is false imprisonment. False imprisonment is, according to Black's Law Dictionary, a "restraint of a person in a bounded area without justification or consent."  

In order to have a claim for false imprisonment, one must meet all of the elements of the claim. Because false imprisonment is an intentional tort, the plaintiff must be able to show that there was some form of intention to confine the person that was held or another person within the boundaries that were fixed by the defendant. For this type of claim, recklessness is sufficient.

Once intent has been proven, it is necessary to prove that there is total restraint of the individual. The claimant must have no reasonable way of escaping. So the door can be locked, etc. Jumping out of a window on a high storey does not count as a reasonable way of making one's escape. In other instances, an open door guarded by burly or threatening individuals may be enough to constitute confinement.

If a person is confined, he or she does not have to be actually aware of the confinement or even be harmed by it in order to have the claim. It is merely necessary that the confinement be actual, not that the individual be aware of the confinement at the time it is occurring.

False imprisonment claims can be filed against both private individuals, like kidnappers, or the government itself. Both groups are subject to liability if they hold someone unlawfully without consent.

In addition to the civil claim, if the imprisonment is severe enough, it can be raised by a prosecutor as a misdemeanor, in most jurisdictions. The criminal charges can be brought even if civil charges have already been filed. The same works in reverse. The two claims can be brought because they work in different realms of law. In addition, civil suits do not threaten a person's liberty and so there is no issue with double jeopardy.

False imprisonment is one of numerous personal injury lawsuits. It protects an individual's personal interest in being able to move from place to place as he or she sees fit.

Can I See My Medical Records?

Accessing Your Medical Records

Whilst it is possible for you to informally access your medical records either by asking your doctor during a consultation or calling you GP surgery, the more usual way to obtain your medical records is to make a formal application to the healthcare provider from where you are receiving treatment.

Formal requests under the Data Protection Act 1998

The Data Protection Act 1998 grants you a legal right to apply to access information held by the healthcare provider that relates to you. This includes records held by your GP, optician, dentist, hospitals, physiotherapists or rehabilitation providers. You can gain access to your notes and records held by both the NHS and private care providers.

You do not have to provide a reason why you wish to access this information, as you have a legal right to access any information about your physical and mental health.

How to request your medical records?

Requesting your records is simple. You must submit a written request to your GP or other treatment provider. Some practices may however have a specific form which they require you to complete before they will release your records.

Your request for your records is known as a Subject Access Request (SAR).

Which records to ask for?

If you require a specific record it may be helpful to state the dates of the records that you require. However, when pursuing a medical negligence claim or personal injury claim, or if you wish to get an overview of the care that you have received, it may be beneficial to request ALL of the records held by that organisation.

What happens next?

Once your request is received, a healthcare professional will review your request and decide whether they can release the records requested to you.

Reasons for refusal

It is possible for your request to be refused on several limited grounds that include:

1) Releasing the information may cause serious harm to your physical or mental health

2) Releasing the information may cause serious harm to the physical or mental health of another person.

Time Limits

The Data Protection Act 1998 requires all records to be provided within 40 days of the request. Government guidance states that healthcare providers should however aim to respond within 21 days. In reality, accessing your records can take some time especially if numerous practitioners have been involved in your care.

Fees

The healthcare provider may impose a fee for accessing and copying your medical records. The maximum fee that a healthcare provider can charge is 瞿50.00 per set of medical records. Therefore if you wish to access both notes and records from your GP and one hospital, the maximum fee payable would be 瞿100.00.

If you are accessing your records with a view to pursuing a medical negligence claim or personal injury claim, if the claim is successful it may be possible to recover the fees paid. However, if you are not successful in bringing a claim, unfortunately this cost will not be recoverable.

Others accessing my records

Your health records are confidential and may contain personal and sensitive information. It is possible for another person or organisation to access your medical records where you authorise them to do so. It is common when considering a personal injury claim or medical negligence claim for your solicitor to ask you to sign a form of authority allowing them to access your medical records on your behalf.

Additionally it may be possible for someone with legal authority to make decisions on your behalf to access your records, for example someone with a power of attorney.

Accessing the records of someone who has died

The Access to Health Records Act 1990 stipulates that only specific people are allowed to access the records of someone who has died, which includes a personal representative or a person who may have a claim resulting from the person's death. Your health records remain confidential even after you have died.

If you want to access a deceased person's health records then you should make an application to the healthcare provider in writing in the same was as you would under the Data Protection Act 1998. You should let the provide know who you are and in what capacity you are seeking the access to the notes (e.g. as personal representative for the deceased).

Time Limits

You should be given access to the deceased person's medical records within 21 days if the records were updated within the last 40 days. However, if this is not the case the healthcare provider should provide the records within 40 days of the request.

Fees

You may be charged a fee for accessing the medical records of a deceased person. There will be no charge if the records have been updated in the previous 40 days. If the records have not been updated within the last 40 days then a fee of 瞿10 will be payable to access each set of records. However, the healthcare provider can also charge for copying records. The healthcare provider must not charge you more than a reasonable fee for copying and posting the records. Please note however, that the maximum charge of 瞿50.00 will not apply and the fees could be considerably more.

Assisted Living Homes Vs Independent Living Homes

There comes a point in everyone's life, when you or a loved one realizes the repercussions of getting older and that a current living situation may not be the most practical. Whether you need assistance with everyday activities, or you just find yourself lonely and longing for companionship from people of your own age group, it may be time for a move.

As simple as it seems, these decisions can be very overwhelming to the individual and their families. There are many questions that need answering before deciding which housing situation will suit an individual best. What kind of home do I choose? A retirement community? A 55+ neighborhood? What if I need minimal assistance such as grocery shopping but I still consider myself active? What if my spouse needs more assistance than myself, is there a place that has both full time assistance that is also considered active living? These are just a few questions among a long list that families have to consider to ensure the most suited match for your needs. Here are some things to keep in mind.

The difference between a nursing home and an assistant living home

Commonly mistaken for one-other, nursing homes and assistant living homes are very different. Assistant living homes commonly provide an array of services available, such as, planned meals, housekeeping, transportation, wellness programs, and planned activities for social opportunities with other residents. Assistant living also provides help for those who require assistance with everyday living needs such as bathing, dressing, eating and so on. People who pick assistant living require very little to no medical care, however, often times assistant living facilities have special wings that deal specifically with Alzheimer's and dementia. Another thing to keep in mind is assistant living homes do not take Medicaid and are private pay only.

Nursing homes are ideal for residents that require 24-hour care from certified nurses. Often times these patients are bed bound, or have injury's that need regular attention. Unlike assistant living, nursing homes generally accept Medicaid as well as private pay, however Medicaid requires, often times, a lengthy waiting list before accepted into the pay plan.

Independent living and retirement communities

Retirement communities and 55+ neighborhoods can all be categorized under Independent living. Independent living is as it sounds, they provide communities that offer anywhere from apartments to free standing houses that are bought or rented. Independent living is a great option for those who require little to no assistance, however many places do provide things like cleaning services for an extra fee.