Negligence and Intentional Tort Law

In general, personal injury law can be separated in to two categories: negligent acts or intentional acts.  They may also be referred to as "torts" an old english term meaning "legal cause of action" for which an individual can seek compensation for through the legal system.

Negligent Acts

A negligent act occurs when one individual damages the person or property of another without any "intent" to injure.  This may occur due to the carelessness of the first individual.  For example, a driver who is careless, and causes an auto accident by failing to obey the traffic laws may be considered negligent and would be responsible for any damages caused to any person or property.

In order to prevail in a negligence action, the injured party needs to prove that the other party had a duty of reasonable care, did not maintain reasonable care, and that the failure to maintain such reasonable care resulted in injuries to the aggrieved party.  For example, referring to the auto accident mentioned above, all drivers have the duty to operate their vehicle safely.  If they fail to do so, and this failure injures any other person, or THEIR property, then they would meet all of the criteria to be held negligent and therefore accountable for and damages caused to the injured party.

The majority of negligent actions include slip and fall situations, motor vehicle accidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.

Intentional Actions or Torts

An intentional tort occurs when an individual intentionally acts to injure another or their property.  In most cases, is does not matter whether the party intended that an injury occur, only that he or she intended to commit the act which led to the injury.  In some states an intentional tort may also be defined as an act which a reasonable person knew or should have known would have led to an injury to a person or property.

Intentional torts include such acts as, kidnapping, assault, and spousal abuse.  In fact many intentional tort actions are brought as the result of the commission of a criminal act.

Alzheimer's - How Can Caregivers Manage Patient Anger?

Alzheimer's patients express their anger by yelling, swearing, pushing, shoving, waving their arms, and in some instances, throwing things. These behaviors not only disturb others, they are threatened by them. Caregivers must learn how to manage anger to ensure the safety of all. I learned this when I was my mother's family caregiver.

For nine years, I felt like my mother was dying right before my eyes. The intelligent, sensible, calm parent of my childhood became verbally and physically aggressive. Her conversation was peppered with swear words and I was shocked when she yelled, "Go to hell!" I was astonished when the assisted living staff told me she was involved in a fist fight. I was embarrassed when she stole someone's teddy bear.

Who was this person?

Gradually, I learned to tell the difference between the anger of confusion and the anger of self-defense. According to "Anger Management Therapy for Dementia Patients," an article on the Answers 4 Alzheimer's website, some patients become so angry they stop talking. Others yell and gesture excitedly when they become upset. Anger management therapy, the ability to understand consequences and redirect anger, helps some patients.

But the problem with anger management therapy is that the person has to remember it. My mother could barely remember her name. From the caregiver's perspective, anger management may look like futile effort. Though the therapy may be only partially successful, the article says "any progress is undoubtedly helpful."

Anger may be a sign of sundowning, the late afternoon mood changes, agitation, fear, pacing and rocking that many patients experience. After my mother threatened to run away her doctor transferred her to nursing care. Mom thought I had put her in a mental institution and was furious. When I visited her one afternoon I observed her sundowning behavior. She paced back and forth and looked out the window nervously. Later conversations revealed that she was having hallucinations.

Similar behavior is described in an article, "Sundowners Syndrome," published on the Alzheimer's A Place for Mom website. Caregivers can dispel anger by sticking to a routine, monitoring diet, controlling noise, opening curtains to let light in, and turning on more lights. Redirecting the person (reading to him or her, playing soft music, giving them a glass of juice) may also help.

Exercise also helps to quell anger, according to "Managing Common Symptoms and Problems, an article on the Help Guide website. But it has to be regular and purposeful exercise. My mother did not like the exercise activities, yet she participated in them. One activity involved sitting in a circle and throwing a ball. "Don't they think I can catch a ball?" she asked.

In the later stages of the disease Alzheimer's patients may become belligerent and aggressive. Caregivers have to protect Alzheimer's patients from harming themselves, the article notes. Provoked as you may be (and my mother certainly provoked me), do not answer accusations, confront the person, or discuss angry behavior. "The person with dementia cannot reflect on their unacceptable behavior and cannot learn to control it."

Get some help if the patient is overly aggressive. You may also say, "I have to leave now, but will come back later," and walk away. Caregivers need to remain calm and look for aggression patterns, such as the anger of sundowning. Remember, anger comes comes from the disease and not the person.

Copyright 2010 by Harriet Hodgson

The Successful Assisted Living Marketing Plan Is Evolving

Some Things Are The Same

In our many years of working with the assisted living and senior care industry, the fundamentals of increasing the census have remained pretty much the same. Simply put, the backbone of an effective marketing strategy remains:

• Developing services that target a specific senior market.


• Providing "evidence" of how you care, and how much you care for that specific senior market.


• Building notoriety through word of mouth.


• Creating a "referral pipeline" among professionals.


• Matching your care to the prospects issues and solving their problems.


• Developing follow-up and keep-in-touch systems that build the trust of your prospects.


• Regularly providing new tools that help those who like you (family members, friends, referral sources) to promote your facility.

Some Things Are Different

The big changes in the selling and buying process have come in the execution of this strategy. The availability and the amazing functions of the internet, smart phones, social networks and other technologies have changed how the public expects to find your facility and interacts your with staff. These new communication mediums are now "required" and must be integrated into the selling process.

In addition, many assisted living prospects now "demand" to have easier access to information, be engaged during the buying process and have a higher level of control. They want to be aware, up-dated and reassured so they can trust their buying decision (when they are ready to make it), and then win over their family members.

Ideas & Suggested Changes

Here are some suggestions for adjusting your marketing to the evolving selling and buying process.

• Utilize a database. This will help you keep track of multiple phone numbers and e-mail addresses, personalize group communications, and keep track of where prospects sit in their buying process.


• Ask every prospect, family member and referral source how they prefer to be contacted. Highlight this preference in your database, smartphone and social networks.


• Improve your website and make it the hub of marketing communications. It should include very current evidence of your care and services, integrate your updates with social networks and keep-in-touch systems, encourage return visits and the sharing of your site, and provide new tools for people who want to promote you.


• Utilize e-mail and social networks to make people aware of your updates. The key is to not overdue contact so people stop paying attention. Mix up the updates with your Activity Scrapbook entries, Caregiver Tips, videos and articles about seniors. We have found that two valuable updates per month is usually sufficient.

Replace & Integrate

Many in the senior care industry will read this article and tremble at the thought of more work. At the beginning, setting up your systems will add work. However, once systems are developed and in place, the evolved marketing plan will be more efficient. Updates to your website and social networks that are filled with emotion and reality can take a marketing director little time, and be lots of fun. E-mail and social networks that highlight those updates can reach hundreds (or thousands) of people on the three key lists with little effort and cost.

When you compare the investment of time and money needed in this technology strategy with what goes into hosting the standard one-time, generic, small-attendance open house, this is a real bargain. Note: By the way, well done updates can make an open house a much more effective marketing tool over a longer period of time. It can also bring the event to those who could not attend. And for those who choose to pass on such an event, a great update system can replace many (but not all) of the benefits of an open house.

Even The Building Of Professional Relationships Is Evolving

In the old days, the typical marketing plan built relationships by visiting doctor offices and hospitals, dropping off a brochure and maybe some cookies, and chatting a little. The building of relationships is still necessary today. However, many face-to-face visits may evolve into a "tech" visit. The cookies may be replaced by photos of your chef baking, a cookie recipe for diabetics, or a Caregiver Tip on helping seniors with little appetite.

Now I know that many people consider technology to be cold and have no feeling. I agree...when it is left on its own. However, what I am recommending is using the mediums of technology to highlight the warmth, care and expertise of assisted living, and making these valuable assets accessible to more people in the method they prefer (and at their convenience).

It's Worth The Effort

The rapid changes in technology are forcing the marketing world to adapt and change, and at a faster rate than it did in the past. This does put an additional burden on assisted living marketing departments and small home owners. (So does a low census.) Plans and strategies must continue to evolve to meet the demands of the "current" buyer and referral source. A higher census (and less financial stress) will prove it was well worth the effort.

Overview of Contingency Fees - Attorneys Who Only Get Paid If They Win

A contingency fee means that an attorney agrees to take on a case without charging any up front or hourly fee. In exchange for working for free and taking the risk that a recovery will be made, the lawyer receives a percentage of what is recovered when the case is over. While lawyers in every state handle some cases on a contingency basis, this article specifically provides an overview of cases Illinois attorneys can handle on the basis of they only get paid if they win.

In Illinois, contingency fee cases are most commonly found in injury cases like workers compensation, personal injury, medical malpractice and nursing home abuse. There are occasionally small fees to obtain medical records in a malpractice case. Other cases include legal malpractice and class actions. Illinois legal malpractice cases attorneys will want to see financial damages as a result of an attorney's unprofessional conduct that would make it financially worthwhile. For example, if a divorce attorney's misconduct resulted in less than desirable visitation, a lawyer will probably not take the case on a contingency basis. However, if as a result of a divorce lawyer's unprofessional conduct the client losses $100,000 from the ex's pension, a legal malpractice attorney may take the case on a contingency basis. In class action cases, attorneys work on a contingency basis because so many people have been wronged that if the lawyer wins the damages awarded will be substantial to compensate all of the clients. The attorney will take a percentage of the damages awarded to compensate for the work.

Other cases that are sometimes, but now always done on a contingency basis include challenges to a will, commercial litigation, overtime or compensation cases from employment law, collections (if the amount owed is enough) and some child support cases. When challenging a will in Illinois, a lawyer can work on a contingency if there is a real dispute. Illinois law prevents them from taking a percentage of what is recovered if it is just normal representation of an estate. In employment law and overtime cases, lawyers will work on a contingency basis if the dollar amounts owed are large enough. For example, if a client is missing one paycheck a lawyer will probably not take the case on a contingency basis. In child support cases, it is rare to find a lawyer to work on a contingency unless there is money that can be collected.

Lawyers are prohibited from handling a divorce or criminal case on a contingency basis in Illinois. Illinois attorneys also do not handle defense of civil lawsuits on a contingency basis because there would be no way to get paid.

The fees that an Illinois lawyer charges for a contingency case depends on the type of case and risk involved. In workers' compensation claims for Illinois, the law limits the fee to 20% of any settlement. In medical malpractice cases there is a fee schedule that changes depending on how much is recovered. In most other matters, it is customary for the lawyer to recover 1/3 of the money awarded. In some cases this fee will go as high as 40% or more, especially if there is a trial and/or appeal.

Top 9 Emotional Issues You'll Deal With When Moving Your Elder to a Nursing Home

Hopefully you are never faced with a decision that far too many are. Those who are forced to deal with the terrible nursing home placement decision normally do so for one of several reasons:

Your elder becomes too frail to live at home on their own

Your elder becomes too confused with his or her surroundings and become a danger to themselves

Your elder suddenly has become violent with others - striking out at them for no apparent reason

Your elder has just had a major medical issue that requires full time care

Having to make a sudden decision on a nursing homes for a loved one can easily be one of the most difficult decisions a person will have to face in their entire life. One way to help with this situation is to make a plan for such an possibility far in advance of ever needing to make such a decision. This way, even if you are faced with an urgent situation, you'll be able to refer to the plan you put together that was based on sound judgment and plenty of research, rather than letting your emotions drive the decision. Any plan should be discussed with your elder and should adhere to their wishes as closely as possible.

Unfortunately, even if you have a plan, you are very likely to run into several significant emotional issues when the time comes to finalize long term nursing home care. You certainly won't be alone in this situation - any caring person will run into at least some of these feelings. Hopefully by knowing what you will expect when or if the day ever comes, you'll be better prepared to deal with these emotions.

1. A strong sense of relief

Now that you don't have to worry about the responsibility of caring for your elder, you'll likely feel a strong sense of relief.

2. Guilt

Once your feelings of relief begin to subside, feelings of guilt will likely set in - because you feel relieved.

3. Selfishness

You'll feel selfish because you are looking forward to your life returning to normal.

4. Self-reproach

Because you were not able to live up to the promise you made to your elder that they would never have to live in a home.

5. Remorse

Because you feel that you abandoned your elder.

6. Embarrassment

You'll feel embarrassed that you couldn't afford a better nursing home than the one that your elder ended up in.

7. Anger

That the costs of long term nursing home care are such a financial drain - on your or your elder's finances.

8. Fear

That the nursing home administrator will call you one day and tell you that you need to take your elder home because things aren't working out at the nursing home for any number of reasons.

9. Guilt

If #8 happens, you'll feel guilty because you don't want to bring your elder home to live with you.

It's very important to realize that all of these emotions are completely natural. It's also important to realize that having to place your loved on in a nursing home is not your fault and is something that simply can't be avoided. The later years in life can be very cruel to both elderly folks and family members alike - and none of us have a choice in the matter. You simply have to do the best that you can to deal with your emotions and not let them interfere with what's best for both you and your elder.

Chicagoland Assisted Living For Maximum Life Enjoyment

Assisted living means freedom and dignity for people in need of help to maintain their daily lives. Assisted living facilities are in the middle between nursing homes and independent living. Independent living is for the elderly who are able to live on their own but who do not want to maintain their own home. Many people like life in a community of people of similar age who share their interests. Independent retirement living communities provide many social activities, trips, and community service. Often independent living facilities also provide all meals prepared, and they also provide a wide variety of services and amenities. Unlike residents of independent living communities, residents of assisted living are people who are not able to live alone; but neither do they need the continual care of a nursing home. Assisted living facilities differ from nursing homes in that nursing homes care for people who are too frail for independent living, and who need continual medical supervision. The elderly who are basically self-sufficient and require less constant assistance are better served by assisted living facilities. These Chicagoland assisted living facilities make a point of encouraging the elderly to be as independent as possible. The philosophy is one of respect for the dignity of the individual - their right to make their own decisions. Assisted living facilities often combine with independent residences on the one hand and with nursing homes on the other, to create a continuing care community in which residents whose needs change over time can transfer from one type of care unit to another with a minimum of stress.

Assisted living means help with dressing, walking, bathing, eating, laundry, and housekeeping. People who are experiencing confusion or memory loss can also receive special assistance. Help with medications and medical assistance are also readily available. There are many different types of facilities offering different accommodations, but typically residents have private rooms and meals are taken communally. Recreational and social activities are provided, as well as opportunities for community participation.

There are assisted living Illinois facilities of all types and financial ranges for people in many different financial circumstances; and help in securing financial assistance is also available. Usually upon admission a service plan tailored to the needs of each resident details the individual services which are required and which the facility will provide. This plan is regularly updated to reflect changes in the patient's condition. There are usually three types of contract available. All of them include home, services, amenities, and emergency care options. They can be extensive, modified, or pay per service. The extensive contract is the most expensive, but over the long pull may be the most cost effective. Extensive usually includes unlimited nursing care without increasing cost. Modified contracts include a specified amount of nursing care, with any additional required care paid by the patient. The pay per service contract, which is usually cheapest, does not include nursing care.

Retirement Communities or Nursing Homes - Post Retirement Planning Beforehand

A proper, beforehand planning is necessary to safeguard self-dignity and to attain a secured after-retirement life. We all admit that.

Life is never the same after-retirement. Some people want to live close to the hard-earned friends or family whereas some people want to live unaided or in Nursing Homes, Retirement Communities, Home Health Care, Retirement Homes, Active Adult Communities, Senior Apartments. Whatever the reason be, some basic calculations are necessary for a better future.

Let us answer two simple and primary questions-

What is my primary consideration in the decision on where to reside?

It may be closeness to family, state retirement benefits, medical reasons, dream location, specific medical care or other reasons.

Which type of care am I searching?

It may be assisted living, nursing home, retirement community (Active Adult), Residential Care, Home Health Care, CCRC, hospice care or some other types.

Individuals must explain each little question to themselves to live a hustle-free post retirement life. At times, the simplest of the task turns out to be an epic one.
For example, selecting the right nursing home is often a very hectic job as different nursing home specializes in different features.

Some minute details, in general, tend to be of high importance while selecting a nursing home for future, like the distance from a specific location. Apart from taking information on costs and fees, one must also note the types of care offered and types of aid accepted by that particular house. Even climbing stairs may be a bigger problem in future.

Budgeting is one of the most important aspects that need repeated critical assessment. The financial condition is not the same for everyone and one must sensibly figure out the budget on which he or she can comfortable sustain themselves for rest of life. Additional and hidden costs must be clarified beforehand.

One must take care of some seemingly insignificant issues that in future may become critical. It is always better if the home is in an easy-to-visit location for family and friends.

It is always recommended that the nursing homes should consult the family physician before consulting somebody else. The family members should make it sure that the nursing home uses or may use (if necessary) hospitals where the family physician practices.

Direct interactions with the present residents of the nursing home always provide a lot of information about the living standards and other characteristics.

The post retirement life should be self-planned to seize the most out of life, for which you have worked so hard so far.